Student Conduct Procedures

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Introduction & Philosophy Definitions Fair Treatment Student Conduct Code Violations Action Items	Student Conduct Records Student Conduct Record Expungement Reporting Suspected Violations Housing and Residence Life Policy Violations

Introduction and Philosophy

Furman University views its role in the administration of policies as one of providing a learning opportunity for students in alignment with the educational philosophy of the institution. The University’s approach aims to stop behavior, reduce its effects on others, and prevent its reoccurrence while also encouraging the growth and development of students. As a liberal arts and sciences institution, Furman is committed to developing an educated citizenry through supporting the practice of responsible behavior in a living and learning community.

The educational approach infers a need for understanding and self-discipline on the part of the student as well as a respect for others. The University is not a sanctuary where students or student groups may escape the responsibilities imposed by law upon all citizens. The University does not condone the violation or attempted violation of federal, state or local law. Criminal or civil acts may be referred to the appropriate court and/or police, university official, national office, or judicial body.

Any University official identified in this policy includes his/her designee or successor.

Definitions

Accountability Hearing. An “Accountability Hearing” is formal resolution process for alleged Student Conduct Code violations. It does create a conduct record to be shared externally in accordance with FERPA.
Action Item(s). “Action Item(s)” are actions to be completed by the Respondent at the conclusion of an Accountability Hearing or Remediation. Action Items stemming from a Remediation must be mutually agreed upon by the Respondent and Conduct Official. Action Items assigned during an Accountability Hearing must be completed regardless of the Respondent’s agreement unless altered on appeal.
Business Day. A business day is a day of operation at Furman University between Monday and Friday, except for official University holidays and closures, during the hours of 8:30 AM and 5:00 PM.
Complainant. A “Complainant” is an alleged victim of a Student Conduct Code violation. A Complainant does not have to be part of the University community.
Conduct Official. A “Conduct Official” is a University employee designated by the Dean of Students Office to resolve Student Conduct Code violations.
Notice. “Notice” may be provided in person, by phone/telecommunication, or in writing.
Preponderance of the Evidence. The evidentiary standard applied in an Accountability Hearing that means that if the evidence demonstrates it is more likely than not that the student violated the Student Conduct Code, the student will be found responsible.
Remediation. A “Remediation” is an informal resolution process for alleged Student Conduct Code violations that may be used in certain, defined circumstances. It does not create a conduct record to be shared externally.
Respondent. A “Respondent” is a Student who has been accused in a Complaint of violating the Student Conduct Code.
Student. A “Student” is defined as any undergraduate day student, evening studies student, graduate student, or accepted student who has submitted an enrollment deposit unless otherwise stated. Full or part-time enrollment does not affect an individual’s status as a Student. Any employee enrolled in a course as a student will also be considered a Student for the purposes of the Student Handbook.
Support Person. Respondents and Complainants may have a “Support Person” from the University’s faculty, staff, or student body attend an Accountability Hearing. Regardless of affiliation with the University, parents, guardians, and attorneys may not serve as a Support Person. The Support Person role is intended to comfort the Complainant or Respondent throughout the Accountability Hearing. Support Persons may communicate with their respective Respondents or Complainants privately but may not address the Accountability Hearing board, question Witnesses, or have any other speaking role.
Witness. A “Witness” is a person the University, Respondent, or Complainant requests to provide information during an Accountability Hearing. Witnesses must have personal knowledge of the incident being resolved (i.e. student, roommate, teammate, resident assistant or first-year advisor, police officer, etc.). Character witnesses are not permitted. A Support Person may not serve as a witness.

Fair Treatment

The University seeks to treat Students fairly in the resolution of Student Conduct Code violations. Accordingly, the University will substantially adhere to its published policies and practices unless reasonable Notice is given prior to alteration.

Students involved in the Resolution Process will receive treatment consistent with Furman’s Non-Discrimination Policy. Moreover, the University will make arrangements to ensure that students with disabilities are provided appropriate accommodations, to the extent necessary and available, to participate in the steps and procedures outlined in this Handbook. Requests for accommodations must be made to the Student Office for Accessibility Resources (located in Hipp Hall 011 and available from 8:00 a.m. until 4:30 p.m.).

The University will keep all information obtained in the Resolution Process in accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA).

As a private institution, the University reserves the right to refuse re-enrollment to a student. Enrollment for each semester is separate and distinct; thus acceptance for one semester does not necessarily imply acceptance for succeeding terms. Students are expected to recognize the right and obligation of the university administration to establish and enforce policies that it believes to be in the best interests of the community as a whole. The University reserves the right to amend its rules, policies, and procedures at any time.

Student Conduct Code Violations

Student conduct action may be taken on the basis of any conduct, on or off campus, which would violate the University’s Student Conduct Code or local, state, or federal laws. Alleged violations of the Student Conduct Code are resolved by the Dean of Students Office as outlined in the “Resolution Process” that follows and alleged violations of the Sexual Misconduct Policy are processed as outlined in the Sexual Misconduct Policy. In addition, alleged violations of the Student Conduct Code that do not by themselves constitute alleged Sexual Misconduct Policy violations may be addressed under the Sexual Misconduct Policy when they are related to alleged violations of that policy. Any employee enrolled in a course as a student may also be subject to the University’s employment-related policies as applicable.

Resolution Process

Pre-Resolution Process - Investigation & Determination
1. The responsibility for the investigative work necessary to substantiate a charge begins with the person reporting the alleged violation(s), and is continued in cooperation with the Dean of Students Office, University Police, Academic Dean’s Office, and/or others as appropriate.
2. Furman Police may wear on-body cameras that may record incidents they address. They may also administer breathalyzers to determine whether an individual has consumed alcohol.
3. The Dean of Students Office reserves the right to determine whether the information obtained during the pre-resolution process supports alleging charges of Student Conduct Code violation(s) or should be dismissed from the Resolution Process.
4. Prior to an Accountability Hearing, a Respondent alleged to have violated the Student Conduct Code will receive Notice of the charges, a copy of the incident report and/or access to any other information pertinent to the case (including but not limited to body camera footage or breathalyzer results), and hearing details (date, time and location) at least two (2) business days in advance. Written statements to the Accountability Hearing Board provided by Complainants, Witnesses, or other Respondents may be provided to a Respondent with less than two (2) business days’ notice.
5. Respondents and Complainants may request to have a Remediation or Accountability Hearing postponed for good cause. The decision to postpone is at the complete discretion of the Dean of Students Office. Notice of the request for postponement must be made to the Dean of Students Office no less than two (2) business days prior to the scheduled hearing time.
Remediation
1. Remediation is not a formal conduct process. Students who have only gone through the remediation process at Furman do not have a conduct record with the University.
2. If a Respondent has a subsequent violation of the Student Conduct Code, any prior Remediation does become part of the conduct record. If the subsequent violation is of a similar nature, it will be considered a second violation of the Student Conduct Code for policies that have escalating Action Items.
3. The Dean of Students Office may choose to refer a Respondent to Remediation with a Conduct Official in the following situations:
  1. The Respondent agrees to the Remediation as opposed to an Accountability Hearing;
  2. The Respondent has not previously been referred to a Remediation for an alleged violation of the Student Conduct Code or had an Amnesty hearing due to their own drug or alcohol use; and
  3. The Student does not have an existing conduct record from any university (including Furman prior to the adoption of this policy);
4. The Dean of Students Office has the discretion not to refer a Respondent to Remediation if the alleged violation(s) of the Student Conduct Code are so severe as to warrant consideration of probation, suspension, or expulsion or where the Respondent’s dishonesty or failure to comply substantially interfered or inhibited the resolution of the conduct incident by a university official. Alleged violations not considered for remediation include, but are not limited to, hostile acts toward others, consumption or possession of drugs (including marijuana), accessory or distribution of drugs, firearm possession, theft, vandalism, or other actions that pose a significant threat or disruption to self, others, or University operations.
5. In making the decision to refer a respondent to Remediation, the Dean of Students Office may consult with the Chief of Police, a Complainant, or others.
6. Remediation does not result in determinations of responsibility.
7. Remediation allows for the Respondent and the Conduct Official to discuss the alleged incident so that they Respondent may uphold his/her responsibilities to the community and/or make choices that promote personal well-being and maturation.
8. Remediation may result in mutually agreed upon action items by the Respondent and Conduct Official that are educational and/or restorative. Such action items include, but are not limited to, alcohol or drug assessment, alcohol or drug education, service hours, apology letters, meetings with University officials, etc.
9. If the Respondent and Conduct Official are unable to mutually agree upon action items, the matter will be referred to an Accountability Hearing.
10. If a Respondent under the age of 21 is referred to Remediation for alcohol or–in limited circumstances–drug violations, the University will provide Notice to parents or guardians.
Formal Resolution Conduct Process - Accountability Hearing
1. When a Respondent is not referred to Remediation, the Dean of Students Office may convene an Accountability Hearing to make determinations of responsibility and, if responsible, action items; provided, however, that if the action items determined to be appropriate are suspension or expulsion from the University, those Action Items will be recommended to the Dean of Students Office, who will make the final determination regarding their implementation.
2. Notice of the scheduled time of an Accountability Hearing will be provided to Respondents and Complainants at least two (2) business days prior to the start.
3. Respondents and Complainants must provide the Conduct Official with Notice of desired Witnesses for an Accountability Hearing along with a brief description of each proposed Witness’s connection to and/or knowledge of the issues in dispute no later than one (1) business day prior to a hearing. 
4. Respondents and Complainants must provide the Conduct Official Notice of their Support Person no later than one (1) business day prior to the Accountability Hearing.
5. An Accountability Hearing is conducted by a board composed of three students, one faculty or staff member, and a Conduct Official.
6. The Conduct Official chairs the hearing. As chair, the Conduct Official will resolve any questions concerning procedure or the admission of information (including but not limited to its relevancy). The Conduct Official only votes on determinations of responsibility or Action Items when there is a tie between the other members of the board.
7. An Accountability Hearing uses the Preponderance of the Evidence standard.
8. The University may use any information and/or evidence in its possession or provided by Respondents, Complainants or Witnesses to make a determination of responsibility in an Accountability Hearing, with the exception of a student’s prior conduct record.
9. Respondents will have the opportunity to provide information on their own behalf during an Accountability Hearing to address the alleged violation(s) of the Student Conduct Code. Respondents may choose to submit a written statement to the Conduct Officer prior to the hearing.
10. Respondents and Complainants will be given the opportunity to question all Witnesses that appear during an Accountability Hearing. The method for questioning will be determined by the Conduct Official.
11. Respondents who fail to appear for an Accountability Hearing will have the determination of responsibility and Action Item(s) made in their absence based on all information available at that time. If the Conduct Official determines a decision cannot be made without the Respondent, the Accountability Hearing may be postponed.
12. A Respondent who withdraws from the University prior to the formal resolution of misconduct under this Policy may be barred from University property and University activities and events and may be ineligible for re-enrollment.
13. Accountability Hearings that have the potential to affect a student’s enrollment status (i.e. suspension or expulsion) will include audio recording of the hearing itself, but not deliberations. The recording will be made available for use only in case of an appeal and will remain the property of the University. At the conclusion of the appeal process, recordings will be destroyed. Respondents will receive Notice of the Accountability Hearing’s outcome, which includes determinations of responsibility, Action Items, and appeal instructions, within two (2) business days of the hearing.
14. Notice of the Accountability Hearing’s outcome will be reported to the Athletic Department and ROTC program when a Respondent involved in student athletics and/or ROTC is found responsible.
15. Complainants will receive Notice of the Accountability Hearing’s outcome, which includes determinations of responsibility, action items, and appeal instructions, as permitted by federal and state laws.
Appeal Procedures for Student Conduct Code Violations
1. Remediation has no appeal option.
2. Notice of appeal must be submitted to the Dean of Students in accordance with instructions provided in the hearing outcome letter. The appeal must be submitted in writing no later than three (3) business days after receiving Notice of the outcome.
3. The review of a Respondent’s appeal will not be a re-hearing of the original case and must be based on the one or more of the following grounds:
  1. Substantial new evidence can be provided related to the specific case which was not available at the time of the original hearing;
  2. A substantial violation of the hearing procedure occurred; or
  3. The Action Item(s) levied is excessive and does not follow the Student Handbook guidelines.
4. The review of a Complainant’s appeal will not be a re-hearing of the original case and must be based on the one or more of the following grounds:
  1. Substantial new evidence can be provided related to the specific case which was not available at the time of the original hearing;
  2. A substantial violation of the hearing procedure occurred; or
  3. The Action Item(s) levied is insufficient and does not follow the Student Handbook guidelines. Minimum sanctions outlined in the Student Conduct Code will be considered sufficient.
5. Appeals by Respondents and Complainants that do not reasonably meet one of the aforementioned appeal grounds, as determined by the Dean of Students, will not be given further consideration.
6. Appeals that reasonably meet one of the aforementioned grounds will be heard by a board consisting of the Dean of Students (Chair), a faculty or staff representative, and a student.
7. In all cases, the decision by the appeals board is the final decision of the University.
Special Considerations in the Resolution Process
1. In cases where a respondent accepts responsibility for the charges and the violations would normally be resolved in an Accountability Hearing, the Dean of Students Office may resolve the case administratively with Notice to the Student.
2. In cases where a Respondent denies responsibility and the accountability hearing board is not in session (e.g., during the summer, between semesters, during exam periods, during the beginning and end of semesters), the Dean of Students Office may appoint a panel of two to three faculty, staff, and/or student members to hear the case or may stay the hearing until the accountability hearing board is again in session. The Dean of Students Office may appoint two to three faculty, staff, and/or student members to hear any subsequent appeal.
3. In cases where the Respondent has been accepted and is not yet enrolled, the admission could be rescinded or delayed without a Remediation or Accountability Hearing.

Action Item(s)

Action Item(s) from a Remediation or Accountability Hearing are intended to be educational and meet one or more of the following goals:
1. Reflection
  1. Content knowledge: The Action Item is designed to help the student to increase knowledge of content regarding a specific topic or special issue.
  2. Self-Reflection: The Action Item is designed to help the student to increase self-awareness of the appropriateness or inappropriateness of their behavior.
  3. Impact on personal well-being: The Action Item is designed to help the student to increase their self-awareness of the potential physical or psychological impact of their behavior
  4. Impact on personal future: The Action Item is designed to help the student to increase their self-awareness of the potential impact their behavior may have on relationships with others, academic major or course of study, or future career.
2. Restoration & Restitution
  1. The Action Item is designed to help the student to increase their understanding of how their behavior impacted or potentially could have impacted others.
  2. The Action Item may be designed to help the student to increase understanding of community and/or societal standards, the reasons for them, and how their actions may adversely affect their successful interaction within the community and/or society.
  3. The Action Item is also intended to reestablish balance and order to the affected community.
3. Deterrence
  1. The Action Item is designed to prevent subsequent violations of the Student Conduct Code or other University standards, up to and including separation from the institution.
Consideration will be given to the following when determining the appropriate Action Item(s):
1. The seriousness of the violation;
2. Whether there is a minimum Action Item(s) already established for the violation in the Student Conduct Code;
3. Precedence from the past and/or similar cases;
4. Whether or not the Respondent was dishonest and/or uncooperative;
5. The specific circumstances surrounding the violation; and
6. Whether or not the Respondent has a prior conduct record(s), especially for similar offenses or for a pattern of behaviors inconsistent with the Student Conduct Code and any other University standard.
A range of possible Action Items include but are not limited to:
1. Apology: A formal letter of apology that acknowledges an understanding of how behavior has impacted others.
2. Education: Educational programs, such as online alcohol education, PRIME for Life, and fire safety workshops.
3. Campus Access Limitations
4. Community Service / Work Hours
5. CLP Amendment: Revocation of any or all CLP credits earned or increase in the number of CLP credits required for graduation.
6. Disciplinary Probation: If a student is found responsible for any Student Conduct Code violation during this probationary period, the student will likely be suspended from the University for a minimum of one academic semester. The student will be required to meet with a Student Life administrator during this period.
7. Expulsion: The permanent termination of a student’s enrollment. The student is not allowed on campus. A student expelled during the semester is subject to the loss of all tuition, fees and coursework during that semester.
8. Fine
9. Housing Relocation
10. Housing Suspension: Removal of a student from campus housing for a determined period of time. While a student is suspended, they may be prohibited from entering campus housing altogether.
11. Parental Notification: Furman University values the involvement of parents and guardians in the educational process. The University reserves the right to notify parents of dependent students and ALL students under age 21 of violations of the campus drug and alcohol policies in compliance with FERPA regulations. Parents may also be notified when their student is placed on disciplinary probation, suspended, expelled or loses housing privileges.
12. Program/Activity Limitation: The student may have limitations placed on their ability to participate or hold leadership positions in specific clubs, organizations, athletic teams and/or any other campus program or activity, including commencement.
13. Reflection/Research Paper: Student must write a paper reflecting on this incident and what they have learned from it. They must consider the potential ramifications of their actions and what they have learned from the incident. They must consider how they will use what they have learned in future decision-making.
14. Restitution
15. Substance Abuse Assessment: Student must have a substance abuse assessment and complete the recommended treatment. Student is responsible for the cost of the evaluation and any subsequent recommended treatment.
16. Substance Testing: random drug testing (minimum of six) over the course of two semesters or through the probationary period as determined on a case-by-case basis.  Failure to complete a drug test within the given period will be treated as a positive result.  Diluted samples will result in additional testing.
17. Suspension: A separation from the institution for a defined period. Removal of a student from the University will permit the student to apply for readmission at the end of the suspension period. Readmission to the University is not guaranteed and will be granted only when a student is able to demonstrate to the Readmission Committee that they have productively used the suspension period in a way that establishes a strong foundation for successfully completing their Furman education. A student suspended during the semester is subject to the loss of all tuition, fees and coursework during that semester.  While a student is suspended, they may not return to the campus or participate in any programs or activities of the University without written permission from the Dean of Students Office. If the student returns to the campus without written permission during the suspension period, their eligibility to return to Furman may be jeopardized. Upon completing the suspension, the student will be placed on disciplinary probation for the duration of the semester they return.
18. Warning: A written reprimand to the student for the violations specified, including but not limited to notice that repeated violations may be cause for further disciplinary action.
Action Item(s) that include housing suspension, suspension from the University or expulsion from the University will be recommended by the Accountability Hearing board to the Dean of Students Office. The hearing process will not be considered final until the Dean of Students Office reviews the recommendation, makes a final determination and meets with the Respondent to communicate the outcome.

Student Conduct Records

Remediation and amnesty do not create a conduct record unless a subsequent violation occurs. In all other instances, the University maintains a file in the Student Life Office for each student found responsible for a Student Conduct Code violation. Access to the file is determined by Furman’s student information release policy. Files for students are maintained for seven (7) years from the date of the student’s graduation. However, if the student does not graduate, the student’s file will be maintained indefinitely.

For violations of the Academic Integrity policy, contact the Associate Academic Dean for a Student’s educational record.

Student Conduct Record Expungement

Students who enroll at the University for the first time after June 7, 2021 will not be eligible to utilize the University’s expungement process.
Minor infractions are expunged from a student’s record following graduation. The University may allow an earlier petition (see Student Conduct Record Expungement Request) if a student can demonstrate with documentation that they are applying to professional or graduate schools or if there are other meritorious reasons that justify an early review of the student’s record. If an expungement is requested and granted prior to completion of degree requirements, the expungement will be deferred. During this deferment period, the record of the violation will not be disclosed to external third parties by Student Life except as required by law, but will be maintained internally for disciplinary purposes. Should the student have another violation of the Student Conduct Code during this deferment period, the deferred expungement may be voided. An expungement request is unlikely to be granted during the same semester in which the incident occurred. Expungement is not a pardon and does not eliminate or modify in any way any Action Item(s) in the matter.
Factors that will be considered by the Student Conduct Record Expungement Committee include, but are not limited to:
1. The nature of the violation(s);
2. The number of violations (i.e. patterns of behavior);
3. Whether or not the student completed sanctions in a timely manner;
4. The student’s cooperation and honesty at any relevant time throughout the process;
5. The student’s reason(s) for requesting the expungement; and
6. Any other factor which the Committee believes is reasonable and appropriate.
Generally, the record will NOT be expunged if the record involves any of the following:
1. dishonesty;
2. personal injury;
3. significant property damage;
4. possessing and/or using a fake/false identification;
5. providing alcohol to minors;
6. violation of the drug-free campus policy;
7. violation the firearms/weapons policy;
8. intentionally setting a fire on campus;
9. sexual misconduct;
10. discrimination and harassment;
11. criminal behavior; or
12. suspension or expulsion.
Under ordinary circumstances, the Student Conduct Record Expungement Committee will review the request and inform the student of the decision within 10 business days. The decision is FINAL and not appealable.

Reporting Suspected Violations

Any member of the Furman community may report a violation of university policies by contacting the Office of Student Life (864.294.2202) or the Office of Housing & Residence Life (864.294.2092). A report may also be filed with the University Police Department (864.294.2111). The incident will be investigated, and if disciplinary charges are warranted, it will be referred to the Resolution Process.

Anonymous reports may be submitted through the Campus Conduct Hotline (866.943.5787). Anonymous reports may also be submitted through the University Police via the LiveSafe application available in the Google Play store or in iTunes.

Students will not be penalized or discriminated against in any way for reporting incidents, but Students are subject to False Reporting and/or Dishonesty policies when filing reports with the university.

Housing and Residence Life Policy Violations

Alleged violations of Housing and Residence Life policies are resolved by the Associate Director of Residence Life or his/her designee.

Resolution Process for Housing and Residence Life Policy Violations

Students will be sent an electronic copy of the incident report, notice of the alleged Housing and Residence Life violations for which they may be held responsible, as well as the sanctions when it is clear a violation has occurred.
Students have the right to choose to meet with a Housing and Residence Life official to discuss policy violations and sanctions.

Sanctions

Listed below is a range of sanctions for violations of Housing and Residence Life policies though not limited to those outlined below. A combination of those listed may be deemed appropriate. A student’s prior conduct record will be considered during the sanctioning phase of the student conduct process.

Reprimand/official warning
Monetary fine
Restitution
Work and/or service hours
Educational sanctions
Housing relocation

Appeal Procedures for Housing and Residence Life Violations

Appeals of Housing and Residence Life cases will be heard by the Director of Housing and Residence Life or his/her designee. All appeals must be received in writing to the appropriate appeals officer (provided in the sanction letter) within 72 hours after the hearing has occurred and must include the following information:

Reason(s) why this information may contribute to a decision other than that which was originally made.
If the appeal is for an excessive sanction, then the appeal must include specific information indicating why the sanction is deemed unreasonable.

In all cases, the decision by the Director of Housing and Residence Life or his/her designee is the final decision of the University.