As members of the University community, students have certain responsibilities and obligations, including satisfactory academic performance and responsible social behavior. Students assume an obligation to conduct themselves in a manner compatible with the University's function as an educational institution. Students also have an obligation to report any suspected crime or serious violations of the University Code of Conduct to the Department of Public Safety or other appropriate University official, especially if such crimes or serious violations may result in significant harm to individuals or property loss or damage. To fulfill its functions of imparting and gaining knowledge, the University retains the right to maintain order within the University and to address, through appropriate disciplinary procedures or other alternative approaches, conduct that adversely affects the University community or the University's pursuit of its educational objectives.
Student conduct is not considered in isolation within the University community but as an integral part of the educational process. Developing citizenship, respect for others, and responsible social behavior are part of the University's commitment to the education of the whole person; it is expected that student behavior will reflect well on self, bring credit to the University, and to contribute positively to student and University life. This includes upholding all published University policies, rules, and regulations. It is clear that in a community of learning, willful disruption of the educational process, destruction of property and/or interference with the orderly processes of the University, or with the rights of other members of the University community, for example, cannot be tolerated. Ignorance of a rule or regulation will not be an acceptable defense, so we urge you to become familiar with the Student Code and the conduct expectations of Gallaudet University students in general.
INTERPRETATION OF REGULATIONS
The purpose of publishing the Student Code of Conduct is to give students general notice of prohibited behavior. This Code is not written with the specificity of a criminal statute.
When used in this Code:
The term "University" means Gallaudet University.
The term "student" includes all persons taking courses at Gallaudet University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies, persons who withdraw or graduate after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with Gallaudet University and/or are persons who are living in Gallaudet University residence halls and Kendall Apartments, although not enrolled in this institution.
The term "University official" includes any person employed by Gallaudet University, performing assigned administrative or professional responsibilities.
The term "member of the Gallaudet community" includes any person who is a student, staff, faculty member, University official, or any other person employed by Gallaudet University.
The term "University premises" includes all land, buildings, facilities, and other property in the possession of or owned, leased, operated, controlled, or supervised by Gallaudet University.
The term "university sponsored event/activity" means any activity on or off University premises that is initiated or supervised by the University.
The term "student organization" means any number of persons who have complied with the formal requirements for Gallaudet University recognition as a registered student organization.
The term "Student Conduct Board" means any person or persons authorized by the Dean of Student Affairs and Academic Support to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a violation has been committed.
The term "complainant" means any member of the University community who submits a charge alleging that a student violated the Student Code of Conduct.
The term "respondent" means any student accused of violating the Student Code of Conduct.
The term "disciplinary conference" means an informal forum in which the Coordinator (or Director) of Student Conduct meets with a student to adjudicate any alleged violation(s) of the Student Code of Conduct.
The term "disciplinary hearing" means a forum in which a hearing is conducted to adjudicate an alleged violation of the Student Code of Conduct.
The definition of the term "Coordinator of Student Conduct" and "Director of Student Conduct" refers to University officials authorized on a case-by-case basis by the Dean of Student Affairs to impose sanctions upon any student(s) found to have violated the Student Code of Conduct. The Dean of Student Affairs may authorize the Coordinator (or Director) of Student Conduct to serve as the University official responsible for addressing and making decisions pertaining to all alleged violations of the Student Code of Conduct as well as simultaneously serving as the sole member or one of the members of the Student Conduct Board.
JURISDICTION OF THE STUDENT CODE OF CONDUCT
All violations of University policies and procedures committed by students on or off University premises, at University sponsored/related activities, or through the misuse of Gallaudet technology resources fall within the scope of the Student Code of Conduct. The Student Code of Conduct does not protect or shield students from their responsibilities under federal, state, and/or local laws and ordinances. The University reserves the right to refer any situations involving student misconduct to appropriate law enforcement authorities. Students are expected to engage in responsible social conduct on- and off-campus that reflects credit upon the University community and to model good citizenship in any community. The Student Code of Conduct may be applied to behavior conducted online, via email, or other electronic medium. Students should be aware that online postings such as blogs, vlogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if information of policy violations is posted online. Gallaudet does not regularly search for this information but may take action is and when such information is brought to the attention of University officials. The Student Code of Conduct applies to guests of community members whose hosts may be accountable for the misconduct of their guests. Each student is responsible for his/her conduct from the time of enrollment through the actual awarding of a degree, even though the conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment, even if such conduct is not discovered until after a degree is awarded. The Student Code of Conduct will apply to a student's conduct even if the student leaves the University for any reason (e.g., voluntary withdrawal, academic suspension, etc.) while a disciplinary matter is pending. Charges will remain pending until the case is resolved and an academic hold may be placed on his/her record.
OFF CAMPUS JURISDICTION
Gallaudet University expects students to demonstrate responsible social behavior on- and off-campus and conduct themselves as good citizens in accordance with the law and the Student Code of Conduct. While the University does not concern itself with every violation occurring off-campus, nor is the University legally responsible or financially liable for the behavior of students off-campus, the Student Code of Conduct remains in effect at all times; students and student groups are expected to conduct themselves as representatives of the University community.
Generally, the Student Code of Conduct primarily prohibits misconduct on University premises, at University sponsored events/activities off-campus, and at any location where a student is engaged in an official University activity (such as a practicum, internship, field trip, student teaching, or participation in a Consortium course, etc.). The University reserves the right to review and adjudicate any occurrence of off-campus student behavior in violation of the Student Code of Conduct that may directly impact or have a significant effect upon the University. An off-campus violation(s) by a student of Gallaudet University of a criminal law or the Student Code of Conduct that brings the University into disrepute, adversely affects the University's educational mission, objectives, and/or interests of the University community, or seriously affects the ability of the University to continue its normal activities, for example, are considered to be of legitimate interest to the University. In addition, inappropriate behaviors in our surrounding neighborhood such as public urination, public intoxication, disruptive conduct to neighbors, loud and unruly gatherings, violations of the alcohol and/or other drugs policies, and misconduct demonstrating flagrant disregard for any person or persons would be in violation of the Student Code of Conduct and may be subject to appropriate disciplinary procedures.
Upon receipt of a complaint alleging off-campus student misconduct, the Dean of Student Affairs or their designee will review the allegations to determine jurisdiction over such conduct and to determine the appropriate course of action by the University. As a general rule, the Office of Student Conduct should not process a charge that a student of the University has violated, off-campus, a local, state or federal law, unless the matter is clearly contrary to the legitimate purpose and interests of the University.
VIOLATIONS OF LAW AND THE STUDENT CODE OF CONDUCT
Students at Gallaudet University are subject to all District of Columbia and Federal laws and are accountable to District of Columbia and Federal courts for any violations of such laws. A charge alleging that a student of Gallaudet University has violated, on-campus, a District of Columbia or Federal law may be processed, when appropriate, through the University student disciplinary process (see Student Conduct Programs). University disciplinary proceedings may be carried out against a student charged with conduct that potentially violates both the criminal law and the Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus at the discretion of the Dean of Student Affairs. Determinations made or sanctions imposed under the Student Code of Conduct will not be subject to change or challenge because criminal charges arising out of the same fact-giving rise to violation of University rules are pending, were dismissed, reduced, or resolved in favor of/or against the criminal law defendant.
DISTRICT OF COLUMBIA CIVIL PROTECTION ORDERS
A Civil Protection Order (CPO) is an instrument of the District of Columbia courts and is enforced by the Metropolitan Police Department (MPD). The Department of Public Safety (DPS) has only a support role assisting MPD in documenting any alleged violations and is not responsible for enforcing the CPO. MPD is responsible for making the final determination whether 1) a CPO has been violated and 2) what action to take. Students who have a CPO in effect and believe that their CPO has been violated can contact either DPS or MPD. If the alleged violation takes place on-campus, DPS prefers the student make an initial report of the alleged violation to DPS. DPS will take a report and contact MPD for review and action if needed. If the alleged violation took place off-campus, the student should contact MPD directly, however, DPS is available to assist in contacting MPD if the student prefers.
If DPS officers witness a situation where violence, threat of violence, and/or intimidation takes place between individuals on-campus, they will intervene as they would for any student, faculty, or staff with or without a CPO. It is important to stress that MPD, not DPS, makes the final determination on how to address the complaint and the final authority concerning CPO enforcement is with MPD and the DC Court system.
When the University determines that the continued presence of a student on the University campus or in University housing poses a substantial threat to himself/herself or to others, or to the stability and ability of the University to carry out its normal functions, the Dean of Student Affairs and Academic Support or his/her designee may suspend the student for an interim period pending the resolution of the matter. In taking such action, the University need not assign further reasons. During an interim suspension, the student may be denied access to on-campus housing and/or the campus (including classes) and/or all other University activities on- or off-campus or privileges for which the student might otherwise be eligible. An interim suspension will become effective immediately, without prior notice, and may be terminated by the person issuing it at any time prior to or after the outcome of disciplinary proceedings.
A student suspended on an interim basis will be given an opportunity to appear personally before the Dean of Student Affairs and Academic Support or his/her designee in order to discuss the following issues only:
a) the reliability of the information concerning the student's conduct, including the matter of his/her identity; or
b) whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and/or immediate risk to him/herself or to others, to University property, or to the stability and ability of the University to carry out its normal functions.
STANDARDS OF CLASSROOM BEHAVIOR
The primary responsibility for managing the classroom environment rests on the faculty. Students who engage in any prohibited conduct that result in disruption of a class or academic activity may be directed by the faculty member to leave the class for the remainder of the class period. Additionally, a student who persists in disrupting a particular class after a warning by the faculty member may be suspended from the class for an interim period pending the resolution of the matter through the Office of Student Conduct.
The administration may make all necessary rules and regulations for the orderly management of the University and the preservation of discipline therein. The University also reserves the right to suspend or expel any student from the University, from any classes whenever in the best interest of the student or the University, or when the administration deems it advisable. Such action may include pursuing disciplinary action for any violation of local, state, or Federal law, on- or off-campus, which affects the University's educational interests and ability to carry out its normal functions.
STUDENT CODE OF CONDUCT - RULES AND REGULATIONS
Any student found to have committed, to have attempted to commit, and/or knowingly encouraged or assisted others to commit such acts that are prohibited by this Code is subject to the disciplinary sanctions listed in Student Conduct Programs section. An attempt to commit is defined as conduct that, if successful, would constitute or result in the prohibited conduct. In addition, a student who has knowledge of another person or persons committing or attempting to commit a violation of the Code of Conduct is required to remove him or herself from the situation (and is obligated to report any suspected crime or serious violations), and failure to do so when reasonable under the circumstances may be the basis for a violation of the Code of Conduct as well. It should be emphasized that the list is not all-inclusive.
A. Physical Abuse, Verbal Abuse, Threats, Intimidation, Harassment, Bullying, and/or Coercion - This includes physical abuse, verbal abuse, coercion, threats (intentional or unintentional), intimidation, bullying and cyberbullying, suicidal behavior (physical or verbal harm to oneself), forcible detention, intentional obstruction that unreasonably interferes with freedom of movement of any person on University property, harassment, and/or any other conduct that threatens or endangers any person's health, safety or personal well-being or creates an intimidating, hostile or offensive educational or living environment. Persons engaged in a physical fight are subject to disciplinary action regardless of who started the fight.
B. Intimate Partner Abuse - This can also be referred to as relationship violence, domestic violence, or dating violence. Intimate partner abuse may include a pattern of coercive behaviors used to establish power and control over another person within the context of an intimate relationship (husband, wife, boyfriend, girlfriend, lover, romantic partner, romantic roommate, friends with benefits, hook up, etc.). Behaviors may include: physical and/or verbal abuse, threats, intimidation, harassment or coercion, and generally escalates over time. It may include the use of alcohol and/or drugs to commit these acts. It can be committed by men or by women towards others of the same or different gender and between current and former intimate partners who have dated, lived together, or been married.
C. Bias-Related Harassment - This includes harassment (verbal or written abuse, humiliation, intimidation, bullying, and violence or other conduct which has the purpose or effect of creating an intimidating, hostile, or offensive educational or living environment) against an individual or group because of race, religion, creed, gender, age, ethnicity, national origin, physical or mental disability, or sexual orientation.
D. Retaliatory Discrimination or Harassment - This includes any intentional, adverse action taken by a responding individual or third party, against a participant in a student conduct or civil rights grievance proceeding or other protected activity.
E. Sexual Misconduct and/or Sexual Harassment - This includes all forms of sexual misconduct and/or sexual harassment as defined in the Sexual Misconduct Policy, including, but not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation.
F. Stalking - Stalking is defined as a course of conduct directed at a specific person that would cause a reasonable person to feel fear or threatens his/her physical safety and/or mental health. "Course of conduct" is defined as "a pattern of actions composed of more than one act over a period of time, however short, indicating a continuity of conduct". Such behaviors and activities may include, but are not limited to, the following:
· Non-consensual communication, including face-to-face communication, telephone/VP calls, voice/text messages, e-mails, written letters, gifts, or any other communications that are undesired or place another person in fear;
· Use of on-line, electronic, or digital technologies including:
i. Posting of pictures or information in chat rooms or on websites;
ii. Sending unwanted/unsolicited or an excessive number of email or talk requests;
iii. Posting private or public messages on Internet sites, social network sites, and/or school bulletin boards;
iv. Installing spyware on a victim's computer; and/or
v. Using Global Positioning Systems (GPS) to monitor a victim;
· Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim;
· Surveillance or other types of observation, including staring or "peeping";
· Non-consensual touching;
· Direct verbal or physical threats;
· Gathering information about an individual from family, friends, and/or co-workers;
· Threats to harm self or others; and/or
· Defamation - lying to others about the victim.
G. Hazing - This includes all forms of hazing as defined in the University Hazing Policy.
H. Disruption and/or Obstruction of University Academic or Non-Academic Activity - This includes conduct that unreasonably or substantially obstructs or disrupts teaching, research, disciplinary proceedings, student organization activities and/or events, fire, police, or emergency services, or other University activities, including its public service functions on- or off-campus, or other authorized non-University activities, when the act occurs on University premises or at University sponsored activities off-campus. This also includes causing, inciting, or participating in a campus demonstration that disrupts the normal operations of the University and infringes on the rights of other members of the University community, leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area, and intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus.
I. Disorderly Conduct - This is generally defined as any action by the student that impairs, interferes with, or obstructs the orderly conduct, processes, and functions of the University and its members, including, but not limited to, excessive noises, inappropriate and loud or disruptive behavior, unruly gatherings, public drunkenness, lewd or indecent conduct or exposure, and other such behaviors. Disorderly conduct also includes but is not limited to any unauthorized use of electronic or other devices to make audio or video recordings without their prior knowledge, or without their effective consent when such recording is likely to cause humiliation or harm.
J. Theft - This includes attempted or actual theft of property or of services, misappropriation, or unauthorized possession or sale of University property, property of a member of the University community, or other personal or public property, on- or off-campus.
K. Damage, Destruction, or Impairment of Property - This includes any act of misuse, vandalism, malicious or unwarranted damage or destruction, defacing, or disfiguring of property belonging to the University or members of the University community, and in certain instances, of the surrounding neighborhood.
L. Unauthorized Use of Property - This includes unauthorized use of property belonging to the University, including but not limited to furniture, equipment, elevators, telephones, University keys, University ID cards, library materials, any document or instrument of identification, and/or safety devices.
M. Academic Dishonesty - This includes plagiarism, cheating, and other forms of Academic Dishonesty, or facilitating any such act. Procedures for handling instances of Academic Dishonesty are described in the University Catalog.
N. Furnishing False Information - This includes knowingly furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification or financial instruments, withholding material information from the University, intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or of other emergency, giving false information in a disciplinary hearing, sexual misconduct investigation, disciplinary conference, or any University procedure, and knowingly furnishing false information to any University official, faculty or staff member, or office, including misrepresenting oneself as a faculty or staff member.
O. Use, Possession, Manufacturing, Sale, or Distribution of Illegal Drugs and/or Drug Paraphernalia - This includes the use, possession, distribution, manufacture, or processing of illegal or non-prescribed narcotics and/or hallucinogens except as expressly permitted by law. The intention to sell or distribute a controlled substance is a violation of this policy. Possession of drug paraphernalia (e.g., hookahs, bongs, pipes, or homemade equipment) regardless of intended use and drug remnants (e.g., marijuana seeds, stems, or resin) will be considered a violation of the drug policy. Marijuana - medicinal or otherwise - is illegal on campuses that receive Federal funding (which requires it to be in compliance with the Federal Drug-Free Schools and Campuses Act). The University prohibits the personal and/or medical use as well as the possession of marijuana and growing of marijuana plants on campus premises even though it is legal in the District of Columbia. The possession and/or use of synthetic marijuana is also prohibited. The presence of scales, "ziplock bags", excessive amounts of cash, large quantities of marijuana and/or other drugs, or other objects used in drug transactions may be considered evidence of distribution or intent to distribute or sell illegal drugs. A more complete definition can be found in the Alcohol and Other Drugs Policies.
P. Use, Possession, Manufacturing or Distribution of Alcoholic Beverages - This includes public intoxication and use, possession, or consumption of intoxicants or the manufacture and/or distribution of alcoholic beverages contrary to circumstances and conditions specified by University Alcohol and Other Drugs Policies, residence hall policy, or as expressly permitted by law. Possession or use of kegs, beer balls, large punch bowls, or other common containers of alcoholic beverages of a similar nature is prohibited. A more complete definition can be found in the Alcohol and Other Drugs Policies.
Q. Illegal Use, Possession, Manufacturing, or Distribution of Prescription Medications and Household Products or Abuse of Non-Prescription Drugs - This includes the use of prescription or household products in a manner that deviates from the label instructions and/or prescription, or abuse of non-prescription drugs. Sharing, selling, overusing, stealing a prescription, or having possession of another's prescription medicine is prohibited. Using any household products or other chemicals to alter one's senses is also prohibited.
R. Falsification or Forgery of a University Record - This includes unauthorized alteration, forgery, or misuse of a University document, record, or instrument of identification, including, but not limited to, identification cards, parking stickers, transcripts, and admission applications.
S. Violation of Fire Safety Regulations - This includes failing to comply with evacuation procedures, activating a false fire alarm, arson or intentionally setting a fire, tampering with fire apparatus, covering smoke detectors and/or fire alarm strobe lights, use/possession of flammable items such as sky lanterns or charcoal/charcoal fluid, and other fire/safety violations as described in the residence hall policies.
T. Illegal or Unauthorized Possession of Firearms, Explosives, Other Weapons, or Dangerous Chemicals on University Property - This includes the illegal or unauthorized possession, storage, or use of any kind of ammunition, firearms, explosives, flammable or highly combustible materials, dangerous chemicals, fireworks, martial arts weapons, sling shots, bows and arrows, axes, machetes, throwing stars, nun chucks, sabers, swords, knives with blades in excess of three (3) inches except for kitchen knives used in preparation/serving of food, air, BB, paintball, pellet, or taser guns, "toy" or realistic replica of a real weapon, and other weapons, or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.
U. Unauthorized Entry into a University Building or Facility - This includes entering or attempting to enter any dwelling, building, or facility on University premises without permission or in instances where the person knew or should have known that such access is restricted.
V. Failure to Provide Identification - Failure to present identification or failure to identify oneself when requested to do so on request by any member of the University administration, faculty, staff, paraprofessional staff in the residence halls, or campus security officer acting in performance of his or her duties.
W. Non-Compliance with University or Board Decision - This includes non-compliance with or defiance of any University or Student Conduct decision, failure to complete conduct sanctions, and failure to comply with the reasonable directives of University officials, campus security officers, or law enforcement officers acting in performance of their duties.
X. Abuse of Conduct Process - This includes abuse or interference with, or failure to comply in, University processes including conduct investigations and hearings. This includes, but is not limited to:
· Falsification, distortion, or misrepresentation of information;
· Failure to provide, destroying, or concealing information during the course of an investigation and/or University conduct proceeding;
· Attempting to discourage an individual's proper participation in, or use of, the University conduct system;
· Harassment (verbal and/or physical) and/or intimidation of a member of the student conduct or sexual conduct board prior to, during, and/or following the University conduct proceeding; and
· Influencing, or attempting to influence, another person to commit an abuse of the Student Code of Conduct.
Y. Illegal Gambling or Gaming - This includes illegal gambling or gaming as defined by the District of Columbia and/or Federal law.
Z. Health and Safety Violation - This includes the creation of health and/or safety hazards (dangerous pranks, handing out of or climbing from/on/in windows, balconies, roofs, etc.).
AA. Violation of Campus Traffic and Parking Rules - This includes cases referred by the Department of Public Safety (DPS) for resolution through the Student Conduct system.
BB. Violation of Residence Hall Policies - This includes all residence hall regulations and policies established by the Office of Residence Life and Housing.
CC. Unauthorized Possession of a Pet on Campus - This includes having an animal on campus in violation of residence hall policy and/or University policy.
DD. Violation of the University Technology Policy - This includes all computer rules and regulations established by the University.
EE. Violation of Published University Policies, Rules, or Regulations - This includes all University rules, policies, or regulations published in hard copy or available electronically on the University website.
FF. Violation of Federal, State or Local Law - This applies to violation(s) of Federal, state or local laws on or off University premises when substantiated through the University conduct process.
UPDATED AS OF AUGUST 20, 2019