Chapter V: Code of Student Conduct

The University of West Alabama (UWA) expects all students and organizations to be knowledgeable of the Code of Student Conduct, and they should be aware that they are required to conform to those standards and expectations.

The Code of Student Conduct governs the conduct of students and organizations in all behavioral matters. Any questions regarding the Code should be directed to the Dean of Students.

By enrollment at the University, a student or organization neither relinquishes rights nor escapes responsibility for compliance with local, state and/or federal laws and regulations. Additionally, the University has a responsibility to maintain a campus environment conducive to its educational mission while protecting the safety, health, and well-being of all students and other persons on campus. Students and organizations are thus obligated to abide by the rules and policies promulgated by the University.

Interference, injury, or the intentional attempt to injure or interfere with the personal or property rights of any person, whether a student, another member of the University community, visitor, or the University itself, is strictly prohibited by the Code of Student Conduct.

Jurisdiction

The Code of Student Conduct and the student conduct process apply to the conduct of individual students, both undergraduate and graduate, and all UWA-affiliated student organizations.

If sanctioned, a hold may be placed on the student's ability to re-enroll [and/or obtain official transcripts and/or graduate] and all sanctions must be satisfied prior to re-enrollment eligibility.

The Code of Student Conduct applies to behaviors that take place on the campus, at UWA-sponsored events, and may also apply off-campus when the Dean of Students or designee determines, in his/her sole opinion, that the off-campus conduct affects a substantial UWA interest.  A substantial UWA interest is defined to include:

• Any situation where it appears that the student's conduct may present a danger or threat to the health or safety of him/herself or others; and/or
• Any situation that significantly impinges upon the rights, property, or achievements of self or others, or significantly breaches the peace and/or causes social disorder; and/or
• Any situation that is detrimental to the educational mission and/or interests of the University;

The Code of Student Conduct may be applied to behavior conducted online, via email, or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats, and social networking sites are in the public sphere and are not private.

The Code of Student Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of UWA may seek resolution of violations of the Code of Student Conduct committed against them by members of UWA community

Student Conduct Authority

A.  Authority

The Dean of Students is vested with the authority over student conduct and overseeing and managing the student conduct process. The Dean of Students may appoint administrative hearing and appeal officers as deemed necessary to efficiently and effectively supervise the student conduct process.

The Dean of Students (or designee) will assume responsibility for the investigation of an allegation of misconduct to determine if the complaint has merit, except in cases involving Title IX, wherein the complaint will be forwarded to the Title IX Coordinator for investigation.

B.  Gatekeeping

No complaint will be forwarded for a hearing unless there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or a victim's statement. A complaint wholly unsupported by any credible information will not be forwarded for a hearing.

C. Conflict Resolution Options

The Dean of Students has discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to conflict resolution and to be bound by the decision with no review/appeal. Any unsuccessful conflict resolution can be forwarded for formal processing and hearing; however, at no time will complaints of physical sexual misconduct or violence be mediated as the sole institutional response. The Dean of Students may also suggest that complaints that do not involve a violation of the Code of Student Conduct be referred for mediation or other appropriate conflict resolution.

D. Interpretation and Revision

The Dean of Students will develop procedural rules for the administration of hearings that are consistent with provisions of the Code of Student Conduct. Material deviation from these rules will, generally, only be made as necessary and will include reasonable advance notice to the parties involved, either by posting online and/or in the form of written communication. The Dean of Students may vary procedures with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Code. The Dean of Students may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. Any question of interpretation of the Code of Student Conduct will be referred to the Vice President for Student Affairs & Enrollment Management, whose interpretation is final. The Code of Student Conduct will be updated annually under the direction of the Dean of Students with a comprehensive revision process being conducted every 5 years.

UWA students are responsible for knowing the information, policies and procedures outlined in this document. The University reserves the right to make changes to this code as necessary and once those changes are posted online, they are in effect.

Code of Student Conduct

The following behaviors, or attempted behaviors, are considered violations of the University Code of Student Conduct:

1. Abuse of Conduct Process. Abuse or interference with, or failure to comply in, UWA processes including conduct and academic integrity hearings including, but not limited to:
   1. Falsification, distortion, or misrepresentation of information;
   2. Failure to provide, destroying, or concealing information during an investigation of an alleged policy violation;
   3. Attempting to discourage an individual's proper participation in, or use of, the campus conduct system;
   4. Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or following a campus conduct proceeding;
   5. Failure to comply with the sanction(s) imposed by the campus conduct system;
   6. Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.
2. Academic Dishonesty. Acts of academic dishonesty such as cheating, plagiarism, and/or misrepresentation will be addressed as outlined in the Disciplinary Procedures for Academic Infractions.
3. Alcohol. Use, possession, or distribution of alcoholic beverages or paraphernalia except as expressly permitted by law and the University's Alcohol Policy;
4. Collusion. Action or inaction with another or others to violate the Code of Student Conduct;
5. Damage and Destruction. Intentional, reckless, and/or unauthorized damage to or destruction of UWA property or the personal property of another;
6. Disruptive Behavior. Substantial disruption of UWA operations including obstruction of teaching, research, administration, other UWA activities, and/or other authorized non-UWA activities which occur on campus;
7. Drugs. Use, possession, or distribution of illegal drugs and other controlled substances or drug paraphernalia;
8. Failure to Comply. Failure to comply with the reasonable directives of UWA officials or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so;
9. Falsification. Knowingly furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments.
10. Fire Safety. Violation of local, state, federal, or campus fire policies including, but not limited to:
    1. Intentionally or recklessly causing a fire that damages UWA or personal property or which causes injury.
    2. Failure to evacuate a UWA-controlled building during a fire alarm;
    3. Improper use of UWA fire safety equipment; or
    4. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on UWA property. Such action may result in a local fine in addition to UWA sanctions;
11. Gambling. Gambling as prohibited by the laws of the State of Alabama. (Gambling may include lotteries, sports pools, and online betting activities); 
12. Harassment. Unwelcome conduct (written, verbal, or via electronic communication) that is so severe, pervasive, objectionably offensive, and that so undermines and detracts from a student's educational experience, that it denies or limits a student's equal access to an institution's resources, activities, and opportunities.
13. Harm. Intentionally or recklessly causing physical harm or endangering the health or safety of any person.
14. Hazing. Defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent (and/or) failing to discourage (and/or) failing to report those acts may also violate this policy.
15. Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.) or violation of institutional, local, state, and/or federal public health directives.
16. IT and Acceptable Use. Violating the Information Technology Policy,
17. Other Policies. Violating other published UWA policies or rules, including all Residence Hall policies, etc;
18. Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications; Sanctions for drug violations may include drug education, mandated evaluation, and treatment, community service, suspension, and/or expulsion. Student organizations that knowingly permit illegal drug activity will be excluded from campus for a minimum of one year.
19. Retaliatory Discrimination or Harassment. Any intentional, adverse action taken by a responding or persistent and objectively offensive individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant in a civil rights grievance proceeding or other protected activity under this Code.
20. Rioting. Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damages and/or destruction of property;
21. Sexual Harassment. Quid Pro Quo sexual harassment, Hostile Environment sexual harassment, sexual assault, domestic violence, dating violence, stalking, and retaliation as defined in the University of West Alabama Policies and Procedures Regarding Equal Opportunity, Harassment, and Nondiscrimination.
22. Sexual Misconduct. Sexual Contact and Sexual Exploitation as defined in the University of West Alabama Policies and Procedures Regarding Equal Opportunity, Harassment, and Nondiscrimination.
23. Stalking. A repetitive and menacing pursuit, following, harassing, and/or interfering with the peace and/or safety of another on grounds other than the basis of gender/sex.
24. Stolen Property. Knowingly taking or maintaining possession of stolen property; including but not limited to using another student's ID card,
25. Taking of Property. Intentional and unauthorized taking of UWA property or the personal property of another, including goods, services, and other valuables;
26. Threatening Behaviors: Harm to Persons.
    1. Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
    2. Intimidation. Intimidation is defined as implied threats or acts that cause a reasonable fear of harm in another.
27. Traffic/Parking Policy - Violation of traffic and parking rules and regulations including, but not limited to:
    1. Repeated or flagrant violations of the rules as set forth in;
    2. Tampering with, removal, or theft of wheel locks, barricades, traffic cones, or traffic control devices.
28. Unauthorized Access. Unauthorized access to any UWA building (i.e. keys, cards, etc.) or unauthorized possession, duplication, or use of means of access to any University building or failing to timely report a lost UWA identification card or key;
29. Unauthorized Entry. Misuse of access privileges to UWA premises or unauthorized entry to or use of buildings, including trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a UWA building;
30. Weapons. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises, or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others, including the storage of any item that falls within the category of a weapon in a vehicle parked on UWA property (for more information, see Firearms Policy in the Tiger Paw Student handbook);
31. Violations of Law. Evidence of violation of local, state or federal laws, when substantiated through the University's conduct process.

Conduct Sanctions

One or more of following sanctions may be imposed upon any student for any single violation of the Code of Student Conduct:

Warning: An official written notice that the student has violated University policies and/or rules and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at the University.

Restitution: Compensation for damage caused to the University or any person's property. This could also include situations such as failure to return a reserved space to proper condition - labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.

Fines: Reasonable monetary fines may be imposed.

Community/UWA Service Requirements: For a student or organization to complete a specific supervised UWA service.

Loss of Privileges: The student will be denied specified privileges for a designated period of time.

Confiscation of Prohibited Property: Items whose presence is in violation of University policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of the Dean of Students and/or Campus Police.

Behavioral Requirement: This includes required activities including, but not limited to, seeking counseling or substance abuse screening, writing a letter of apology, behavioral contract, etc.

Educational Program: Requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Audience may be restricted.

Restriction of Visitation Privileges: May be imposed on a resident or non-resident student. The parameters of the restriction will be specified.

UWA Housing Probation: Official notice that, should further violations of University residences or University policies occur during a specified probationary period, the student may immediately be removed from University housing. Regular probationary meetings may also be imposed.

UWA Housing Reassignment: Reassignment to another UWA housing facility. University residences personnel will decide on the reassignment details.

UWA Housing Suspension: Removal from UWA housing for a specified period of time after which the student is eligible to return. Conditions for re-admission to UWA housing may be specified. Under this sanction, a student is required to vacate UWA housing within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, University residences personnel. This sanction may be enforced with a trespass action if deemed necessary. Prior to reapplication for UWA housing, the student must request a Housing Readmission Review with the Department of Housing & Residence Life to determine whether or not the student may return to University Housing, if so, whether any restrictions apply.  

UWA Housing Expulsion: The student's privilege to live in and/or visit, any University housing structure is revoked indefinitely. This sanction may be enforced with a trespass action if deemed necessary.

UWA Probation: The student is put on official notice that, should further violations of University policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.

Eligibility Restriction: The student is deemed "not in good standing" with the University for a specified period of time. Specific limitations or exceptions may be granted by the Dean of Students or his/her designee and terms of this conduct sanction may include, but are not limited to, the following:

a) Ineligibility to hold any office in any student organization recognized by the University or hold an elected or appointed office at the University; or

b) Ineligibility to represent the University to anyone outside the University community in any way including: participating in the study abroad program, attending conferences, or representing the University at an official function,

UWA Suspension: Separation from the University for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Dean of Students or his/her designee.  During the suspension period, the student is banned from University property, functions, events and activities without prior written approval from the Dean of Students or his/her designee.  This sanction may be enforced with a trespass action as necessary.

UWA Expulsion: Permanent separation from the University. The student is banned from University property and the student's presence at any University-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary.

Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the Dean of Students or designee.

The following sanctions may be imposed upon groups or organizations found to have violated the Code of Student Conduct:

1. One or more of the sanctions listed above.
2. Deactivation, de-recognition, loss of all privileges (including status as a University registered group/organization), for a specified period of time.

Student Conduct Process

Possible violations of University policy and/or the Student Code of Conduct may be reported by any member of the University community.  Once a Referral Form/report is submitted, the following procedures will be followed:

• Based on the information in the report, the Dean of Students, or his/her designee, conducts an initial inquiry to determine whether the alleged behavior may be a violation of the Code of Student Conduct or other University policy. 
• If determination is made in the affirmative, the Responding Party is notified in writing of the possible violation and the date, time, and place of the student conduct conference.  The conference is an informal, non-adversarial meeting between a student and a University Conduct Officer.
• At any point during the investigation, if it is determined there is no reasonable cause to believe that University policy has been violated, the Dean of Students has authority to terminate the investigation and end resolution proceedings. 
• All investigations are conducted so as to provide the Responding Party with appropriate due process, including written notice of the allegations.  The Dean will fully inform the Responding Party of all evidence obtained in the course of the investigation, and will offer the Responding Party a full and fair opportunity to respond to and rebut the allegations of misconduct.  In this sense, interviews during the course of the investigation are conducted as administrative hearings.
• During the conference, the Dean presents the information in the report, listens to the student, discusses circumstances regarding the incident, and hears student concerns.
• If the Responding Party admits responsibility, the Dean will render a finding that the individual is in violation of the Code of Student Conduct and will implement sanctions.
• If the Responding Party denies responsibility, a full investigation begins and, where applicable, written statements and/or interviews will be requested from witnesses, and involved parties.
  • Witnesses (as distinguished from the parties) are expected to cooperate with and participate in UWA's investigation. Witnesses may provide written statements in lieu of interviews during the investigation and may be interviewed remotely by phone, Zoom (or similar technology), if they cannot be interviewed in person or if the investigators determine that timeliness or efficiency dictate a need for remote interviewing.
• Based upon the investigation and the preponderance of evidence, a determination will be made ultimately resulting in a finding of responsible or not responsible.
• In cases of accusations of violations of the Student Code of Conduct that could result in suspension from the University or removal from the residence halls, the Dean of Students or his/her designee may appoint other investigators (panel) to investigate the student conduct case.  All investigations will be thorough, reliable, impartial, prompt, and fair.  Investigations entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, as necessary.  
• If a student respondent fails to appear for the conference, the meeting may be held without his/her presence or statements and/or the student may be charged with failing to comply and may be suspended until they do appear.
• In cases of sexual misconduct and/or other violations that fall under Title IX (sexual harassment, sexual assault, stalking, domestic violence, relationship violence), such investigations are handled pursuant to the University of West Alabama Policies and Procedures Regarding Equal Opportunity, Harassment, and Nondiscrimination.
• If during a Title IX investigation it is determined that there is not a Title IX violation, there may still be a violation according to the University Student Code of Conduct or other university policies and the individual may be sanctioned accordingly.

Student's Procedural Rights

When a student or student organization representative appears for a student conduct conference before the Dean of Students or before a University Student Conduct Panel(s), the following procedural rights will be accorded:

• To receive a letter of notification with the date, time, and place of the student conduct conference.
• To have a student conduct hearing that shall be scheduled within three (3) business days after the date of the notice except in extenuating circumstances with approval from the Dean of Students.
  • Note: Computation of time: When any period of time is referred to, such period in all cases are computed to exclude the first and include the last day of such period. Business days include normal University operating days and exclude holidays and weekends. The last business day ends at 5 p.m.
• Allowed to have an advisor present during the student conduct conference; however, the advisor may not participate in presenting the case, question witnesses, or make statements during the conference.  The advisor may not act as legal counsel. An attorney may be present, but only in an advisory role.
  • Advisors are chosen by the student, and not provided by the University.
• To receive written notification of the decision of the student conduct conference within ten (10) business days, barring unforeseen circumstances.
• To either accept responsibility for the violation(s) and the assigned sanction(s) or submit a written appeal to the Office of Student Life & Support within three (3) business days from the date of receipt of the decision. A student found responsible for a Code of Student Conduct violation may only appeal a sanction of Removal from University Housing, Suspension or Expulsion from the University, with the exception of cases involving allegation of sexual misconduct.

Appeals

Appeal requests are limited to findings where one of the following sanctions was handed down:

• Removal from University Housing,
• Suspension, or
• Expulsion from the University.

And such appeal requests are limited to the following grounds:

• A procedural error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.).
• To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction.
  • Failure to provide information during or participate in an investigation or a hearing, even resulting from concern over pending criminal or civil proceedings, does not make evidence "unavailable" at the time of the hearing.
• The sanctions imposed are substantially outside the parameters or guidelines set by the University for this type of offense or the cumulative conduct record of the responding student.

Appeals shall be heard by the Vice President for Student Affairs & Enrollment Management or his/her designee. A written request for an appeal by the student must be submitted to the Office of Student Life & Support within three (3) business days of notification of results of the original hearing or conference. The Office of Student Life & Support may administer the notification of hearing results via student's official University email address.

• Note: Computation of time: When any period of time is referred to, such period in all cases are computed to exclude the first and include the last day of such period. Business days include normal University operating days and exclude holidays and weekends. The last business day ends at 5 p.m.

The Vice President for Student Affairs & Enrollment Management or his/her designee may sustain or modify the sanction set by the Office of Student Life & Support when he/she determines that the sanction recommended was outside the University's sanction range for such violations and/or not justified by the nature of the offense. The person conducting the appeal will forward a written decision and rationale to the Dean of Students and/or Title IX Coordinator within ten (10) business days of receiving the sanction review request.