Sexual Misconduct Disciplinary Sanctions

Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the University reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The University will consider the concerns and rights of both the complainant and the respondent.  If a Sexual Misconduct Board decides that the respondent should be disciplined, the disciplinary action should be consistent with the severity of the offense. Attempts to commit acts prohibited by the Sexual Misconduct Policy may be disciplined to the same extent as completed violations.

The Sexual Misconduct Board or Title IX Coordinator may implement other sanctions instead of, or in addition to, those specified below:

A. Disciplinary Reprimand - Verbal warning or written notification to the respondent that he/she has violated a University rule or policy and that subsequent wrongful conduct will not be tolerated and may result in severe disciplinary action.

B. Rehabilitative Probation - A period of time, not to exceed one year, during which the respondent is required to control questionable behavior. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the respondent is found to be violating any institutional regulation(s) during the probationary period.

C. Discretionary Sanctions - Work assignments, essays, educational projects, attendance at sexual assault awareness or related workshops, participation in online sexual assault awareness or related courses, service to Gallaudet University, prohibition from hosting an event including alcohol on- or off-campus, or other discretionary assignments.

D. Restitution - Reimbursement for damages to or misappropriation of property and/or compensation for injury. This may take the form of appropriate service and/or monetary or material replacement.

E. Fines or Loss of Housing Priority Points - Previously established fines or a specific amount decided upon by the Title IX Coordinator or Sexual Misconduct Board may be imposed. A demotion of a respondent's housing priority points for room selection by a specific amount of points may be issued.

F. Disciplinary Probation - A specified trial period during which a respondent whose conduct has been found wrongful has the opportunity to prove that he/she can uphold University rules and policies. It may exclude a respondent from participation in privileged and/or extracurricular activities as set forth in the notice for the specified period of time. Respondents found responsible for violations involving alcohol and other drugs will be referred to the alcohol and other drugs educational programs and counseling offered by the University. Failure to attend will result in charges for failure to comply with the Board's decision. The terms imply that violation of any provision in the Student Code of Conduct would be viewed not only as a violation of the regulation itself, but also as a violation of the probation and would most likely result in his/her suspension from the University.

G. Residence Hall Suspension - Separation of the respondent from the residence halls for a definite period of time after which the respondent is eligible to return. The respondent will be required to depart the residence halls within 72 hours or otherwise as specified by University administration. Conditions for readmission may be specified, and a ban from the residence halls may be imposed. As part of the sanction, suspension does not result in a prorated room refund according to regular University policy.

H. Deferred Residence Hall Suspension - A suspension that becomes effective after a specified date. This action is appropriate near the end of the semester to avoid financial and housing hardships that an immediate suspension often entails.

I. Residence Hall Expulsion - Permanent separation of the respondent from residing in the residence halls.  A ban from access to the residence halls will also be imposed.

J. Loss of Off-Campus Housing Privileges - The loss of the privilege to live off-campus for a specific period of time. The sanction stipulates that the respondent must have a housing assignment on campus in order to maintain student status.

K. Access Restriction - Prohibition from entering certain buildings or the residence halls for any reason. Failure to comply with the terms would result in the person being removed from the premises and being charged for violating this regulation.

L. University Suspension - The immediate removal of the privilege to attend Gallaudet University for some defined minimum period of time. The respondent must sever connections completely with the University. The suspended respondent may also be placed on persona non grata status (see definition below). At the end of the suspension, a respondent may apply for readmission. The suspended respondent is expected to inform the vocational rehabilitation counselor or other agencies through which financial assistance is received. As part of the sanction, suspension does not result in a prorated room refund according to regular University policy.

M. Deferred University Suspension - A suspension that becomes effective after a specified date. This action is appropriate near the end of a semester to avoid financial and housing hardships that an immediate suspension often entails.

N. Expulsion - Permanent dismissal from Gallaudet University. Procedures to petition this sanction are similar to those for suspension. As part of the sanction, expulsion does not result in a prorated room refund according to University policy.

O. Persona Non Grata - Prohibition from entering campus premises and attending all University-sponsored activities on- and off-campus for any reason. Failure to comply with the terms would result in the respondent being removed from the premises by the Department of Public Safety and/or being charged in D.C. with criminal trespass.

P. Community Service - Work assignments may be a part of a disciplinary probation or may be imposed as an independent sanction. Community service hours completed will not count towards fulfilling the respondent's community service requirements for graduation or student organizations (including fraternities and sororities). If the respondent does not complete the community service assignment by the assigned completion date, a charge of non-compliance of a University decision will result.

A respondent's disciplinary history and prior record may be considered a factor for more severe sanctions, if appropriate.  If, in the past, a respondent was found to have violated the Sexual Misconduct Policy the information related to the past violation may be considered by Title IX Coordinator or the Sexual Misconduct Board during the sanctioning deliberations if:

(a) The previous violation was substantially similar to the present complaint; and

(b) The previous violation indicates a pattern of behavior and substantial conformity with that pattern by the respondent.

UPDATED AS OF AUGUST 22, 2014

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