University Policies And Procedures

The Office of Student Accountability and Restorative Practices (SARP) promotes a safe community for students to address and navigate conflict in a peaceful, socially just, and self-reflexive manner. We strive to foster the personal development of students and emphasize the student’s personal understanding of their behavior as well as their responsibilities to the campus community.

Through the student accountability process, we work with students to gain greater insight into their choices and behaviors in order to provide a safe environment for the campus community, one that supports the University’s mission of Living, Well-Being, and Belonging.

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. In addressing student behavior that harms the community SARP offers a spectrum of conflict resolution pathways that are educationally focused, student-driven, and restorative in nature, which are adaptable to meet the needs of individuals experiencing conflict.

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.

DEFINITIONS

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, on-campus or remotely,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 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 Accountability and Restorative Practices 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 term “restorative justice” is a philosophy that considers the importance of created during a conflict or violation, the of those impacted by the conflict, the of the person who created the harm, and the from community members who might be directly or indirectly affected by the harm.

The term “restorative practices” means an utilization of practices derived from Restorative Justice principles, which may not align with typical Restorative Justice procedures, to address instances of conflict that arise on campus. The purpose of a restorative process is to bring together all parties involved in an incident for the purpose of addressing the harms associated with the conflict. This affords the opportunity for discussion of varying points of view and an opportunity to gain a better understanding of those involved.

The definition of the term “Coordinator of Student Conduct” and “Director of Student Accountability and Restorative Practices” 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 Accountability and Restorative Practices 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 their 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.

Inherent Authority

INTERIM SUSPENSION

When the University determines that the continued presence of a student on the University campus or in University housing poses a substantial threat to self 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 self 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 Accountability and Restorative Practices.

ADMINISTRATIVE PREROGATIVE

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 themself 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.

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 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.

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.

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.

This includes complicity with or failure of any student or student organization to appropriately address known or obvious violations of the Student Code of Conduct, Residence Hall Policies, or other published University policies, rules or regulations, or law.

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.

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.

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.

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.

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.

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.

Hazing – This includes all forms of hazing as defined in the University Hazing Policy.

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.), non-compliance with Administration and Operations Manual Policy (#3.17), Interim Face Covering Policy, University and Residence Life/Housing COVID-19 policies, and/or other health and safety policies or directives.

Illegal Gambling or Gaming – This includes illegal gambling or gaming as defined by the District of Columbia and/or Federal law.

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.

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, nunchucks, 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.

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.

• This includes physical force or attempting to use physical force against another person or group of people. No student shall communicate an expression of the intent to commit an act of unlawful violence against another person or group of people to that person or group. Examples of physical force include, but are not limited to, spitting, pushing, shoving, hitting, kicking, or other physical contact that causes harm, pain, or discomfort.  Using physical force as a response to physical force that continues and/or escalates an altercation may also be addressed by this policy.
• This includes written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
• This includes implied threats or acts that cause a reasonable fear of harm in another.
• This includes conduct directed toward a person that includes repeated or continuing unconsented contact that would cause a reasonable individual to suffer substantial emotional distress and that actually causes the person to suffer substantial emotional distress.
• This includes any written, verbal, or physical act, directed toward a person that is intended to cause or that a reasonable person would know is likely to cause, and that actually causes, physical harm or substantial emotional distress and thereby adversely affects the ability of another person to participate in or benefit from the University’s educational programs or activities.

This includes repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally that takes place online or is perpetrated using electronic means of communication even when aimed directly at an individual or a group.

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.

Sexual Misconduct and/or Sexual Harassment – This includes all forms of sexual harassment and/or sexual misconduct as defined in the Title IX Sexual Harassment Policy or Sexual Misconduct Policy.

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.

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.

Unauthorized Possession of a Pet on Campus – This includes having an animal on campus in violation of residence hall policy and/or University policy.

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.

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.

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.

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.

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.

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.

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.

Violation of Residence Hall Policies – This includes all residence hall regulations and policies established by the Office of Residence Life and Housing.

Violation of the University Technology Policy – This includes all computer rules and regulations established by the University.

UPDATED AS OF AUGUST 21, 2020