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GUIDE TO STUDENT RIGHTS
AND
RESPONSIBILITIES
2009-2010
Statement of Student Rights and Responsibilities
University Policy on Equal Opportunity
Policy on Sexual Harassment
Student Grievance Procedures
Code of Student Conduct
Additional Conduct Regulations
Code of Academic Integrity
Privacy of Student Records
University Policies Available On-Line
A Final Word about Security
Statement of Student Rights and Responsibilities
Preamble
Academic
institutions exist for the transmission of knowledge, the pursuit of
truth, the development of students, and the general well-being of
society. Free inquiry and free expression are indispensable to the
attainment of these goals. As members of the academic community,
students should be encouraged to develop the capacity for critical
judgment and to engage in a sustained and independent search for truth.
Freedom
to teach and freedom to learn are inseparable facets of academic
freedom. The freedom to learn depends upon appropriate opportunities
and conditions in the classroom, on campus, and in the larger
community. Students should exercise their freedom with responsibility.
The
responsibility to secure and to respect general conditions conducive to
the freedom to learn is shared by all members of the academic
community. The University has a duty to develop policies and procedures
that provide and safeguard this freedom.
The George Washington
University believes that the procedures, rights, and safeguards
outlined below are indispensable to achieving the goals desired --
freedom to teach, to learn, and to search for truth.
I. Basic Assumptions
A. Freedom of Expression
Student
organizations and individual students shall be free to examine and to
discuss all questions of interest to them and to express opinions
publicly and privately. They shall be free to support causes by orderly
means that do not disrupt the regular and essential operation of the
institution. At the same time, it shall be made clear to the academic
and the larger community that in their public expressions or
demonstrations the students or student organizations speak only for
themselves.
The students have the rights and responsibilities of
a free academic community. They shall respect not only their fellow
students' rights but also the rights of other members of the academic
community to free expression of views based on their own pursuit of the
truth and their right to function as citizens independent of the
University.
B. Freedom from Discrimination
The
University will not permit discrimination on grounds of sex, race,
color, religion, national origin, disability, sexual orientation or
identity, or any other illegal basis in any University-recognized area
of student life. Additionally, all areas of student life are subject to
the provisions of the District of Columbia Human Rights Act. However,
those campus organizations that are essentially and avowedly social
fraternal groups may limit membership on the basis of sex; those campus
organizations that are essentially and avowedly sectarian may limit
membership on the basis of religion.
C. Student Rights in the Governing of the University
The
University is a community of scholars engaged in the search for
knowledge. Students, faculty, and administrators participate in this
search. In light of this, the student body shall have clearly defined
means, including membership on appropriate committees and
administrative bodies, to participate in the formulation and
application of the institutional policy affecting student affairs. The
concern of students, however, legitimately extends beyond what has
normally been considered student affairs. Their interest in academic
policies, for example, is a development to be encouraged bearing in
mind the teaching -- learning context of the University community.
D. Professional Rights of the Faculty
In
order to safeguard the professional rights of the faculty, no provision
for the rights of students can be considered valid if it suspends
professional rights or in any measure invades them.
II. Students in the Classroom
The
professor in the classroom and in conference should encourage free
discussion, inquiry, and expression. Student performance should be
evaluated solely on an academic basis, not on opinions or conduct in
matters unrelated to academic standards.
A. Protection of Freedom of Expression
Students
should be free to take reasoned exception to the data or views offered
in any course of study and to reserve judgment about matters of
opinion, but they are responsible for learning the content of any
course of study for which they are enrolled.
B. Protection Against Improper Academic Evaluation
Students
should have protection through orderly procedures against prejudiced or
capricious academic evaluation. At the same time, they are responsible
for maintaining standards of academic performance established for each
course in which they are enrolled. Except in instances that
involve a student grievance based on allegation of illegal
discrimination for which other remedy is provided under "Student
Grievance Procedures," a student who alleges an instance of arbitrary
or capricious academic evaluation shall be heard and the allegation
reviewed through faculty peer review procedures established by the dean
and faculty of the school in which the contested academic evaluation
took place. Should the peer review processes find in favor of and
uphold the complaint of the student, yet the faculty member were to
persist in refusing to alter the academic evaluation at issue, the
Dean's Council and the dean shall afford the student an appropriate
remedy after consultation with the peer review body.
C. Protection Against Disclosure
Information
about student views, beliefs, and political associations, which
professors acquire in the course of their work as instructors,
advisers, and counselors, should be considered confidential. Protection
against disclosure is a serious professional obligation. Judgments of
ability and character may be provided under appropriate circumstances,
normally with the knowledge or consent of the student.
III. Student Participation in Academic Policy-Making
In
light of the basic assumption of student involvement in academic
affairs, each department or academic unit administering a degree
program should encourage formation of an organization of its majors to
reflect student views on matters of academic policy; and each
department or other academic unit administering a degree program shall
establish an advisory council representing faculty, students, and
others as deemed advisable so as to provide a meaningful exchange of
views on departmental policies among the parties so represented;
provided, however, that the application to specific individuals of
department policies on salary, promotions, and tenure is a matter of
faculty responsibility.
In addition, clearly defined means for
student participation in academic policy-making at the college or
school level of the respective schools and college, where college- or
school-wide advisory councils have not been established in accordance
with the provisions above, shall be developed by faculty-student
committees.
IV. The Student as a Campus Citizen
A. Student Government
The
University recognizes the right of the students to form and
democratically elect their governing bodies as a means to participate
in discussion of issues and problems facing the academic community. The
governing bodies shall function as representatives of the student to
the administration and faculty of the University, as well as to the
entire community.
The electorate of a University-wide student
government shall consist of the entire student body. Any elected
members of a governing body representing less than the entire student
body shall be elected in such manner as to create or preserve essential
representational equality.
B. Student Organizations
1. Freedom of Student Association
The
students of The George Washington University are free to organize and
join organizations to promote their common and lawful interests,
subject to University regulations. All members of a student
organization must be currently registered students of the University.
The fact of affiliation with any extramural association or national
organization or political party, so long as it is an openly declared
affiliation, should not of itself bar a student organization from
registration or recognition. However, action may be taken to insure
that the University does not, through the activities of campus student
organizations, stand in violation of laws that place limits on campus
political activities. The administration and faculty shall not
discriminate against a student because of membership in any student
organization meeting the conditions of this section.
2. Registration, Recognition, and Disclosures
All
student organizations shall be registered and recognized in accordance
with the University regulations. Registration or recognition may be
withheld or withdrawn from organizations that violate University
regulations. Registration and recognition procedures shall require
identification of responsible officers. On a case by case basis,
upon request of the Student Activities Center, organizations may be
asked to provide a list of all members of their group.
Once
recognition of a student group or like organization has been withdrawn,
no actions may be taken at or within the University in the name of that
group or organization. Students who do so may be subject to
disciplinary action.
3. Use of Campus Facilities
Meeting
rooms, other campus facilities and funding should be made available, on
an equitable basis, only to all registered student organizations, as
far as the primary use of these facilities and funding for other
University purposes permits and in keeping with the best interests of
the University.
Under the Bylaws of the University, only
designated officers of the University may sign contracts binding on the
University. Students may not sign contracts or agreements in the
name of the University or a student organization or otherwise commit
University or organization funds. Students who do so shall be
held personally and financially liable for all costs and commitments
made. Students should refer to the Student Organization Manual or
Student Activities Center website for information on contracting
procedures.
C. Student-Sponsored Forums
Students
shall have the right to assemble, to select speakers, and to discuss
issues of their choice, provided that the assembly is lawful in nature,
does not interfere with the processes of the University, and does not
infringe upon the rights of others; the University reserves the right
to prohibit assemblies having in its judgment the clear likelihood of
failing to meet one or more of these conditions.
Students shall
be allowed to invite and hear any person of their own choosing, subject
to the conditions listed here. Those routine procedures required by the
University before a guest speaker is invited to appear on campus shall
be designed only to ensure that there is orderly scheduling of
facilities, adequate preparation for the event and that the occasion is
conducted in a manner appropriate to an academic community. The control
of campus facilities shall not be used as a device to restrict a guest
speaker's expression solely on the basis of disapproval or apprehension
of his ideas or motives. However, it shall be made clear to the
academic and larger community by sponsoring organizations that
sponsorship of guest speakers does not necessarily imply University
approval or endorsement of views expressed.
Students must
recognize their responsibility to uphold the right of free speech and
to permit invited speakers to appear and speak without inappropriate
interruption or demonstration. The members of the University community
are urged to hear all sides of controversial issues represented.
D. Pamphlets, Petitions, and Demonstrations
The
George Washington University is committed to the protection of free
speech, the freedom of assembly, and the safeguarding of the right of
lawful protest on campus. Therefore, student organizations and
individual students shall have the right to distribute pamphlets,
collect names for petitions, and conduct orderly demonstrations
provided these actions are not disruptive of normal University
functions and do not encompass the physical takeover or occupation of
buildings, offices, classrooms, hallways, or other parts of buildings
without authorization of the University, whether or not University
functions are performed in them at that time.
While all students
have the right to dissent and to protest, the limitation exists that
these rights shall not be exercised in such a manner as to infringe on
the rights of other students, or of faculty members, to conduct class,
hold their own meetings or hear another speaker, or in such a manner as
to be disruptive of normal University functions. No one group or
organization holds a monopoly on dissent or on freedom to hear all
sides. Further, the fact that students may pursue their interests
through speech and assembly on campus does not abrogate their
accountability as citizens to the laws of the larger society, and the
University is entitled to reflect these constraints in its own
regulations.
E. Student Publications and Media
The
student press and media shall be free of censorship and advance
approval of copy, while being governed by the canons of responsible
journalism.
Editors and managers of student publications or
broadcast stations shall be free from arbitrary suspension and removal
because of student, faculty, administrative, or public disapproval of
editorial policy or content. Only for proper and stated causes shall
editors and managers be subject to removal and then by orderly and
prescribed procedures. Such removal shall be deemed a form of
disciplinary action and therefore subject to prescribed due process in
disciplinary cases. The agency responsible for the appointment of
editors and managers shall be the agency responsible for their removal.
Even
though certain publications may be financially dependent on the
University, in the delegation of editorial responsibility to students,
the University shall provide sufficient editorial freedom and financial
autonomy for the student publications to maintain their integrity of
purpose as vehicles for free inquiry and free expression in an academic
community.
All student publications that are published and
financed by the University shall explicitly state on the editorial page
that the opinions expressed are those of the publication and are not
necessarily those of the University or the student body.
Any committees for the supervision of such publications or media shall have student members.
V. Regulations Concerning Student Life on Campus
A. The Enactment of Regulations
University-wide
regulations intended to formalize general standards of student conduct
may be recommended to the Board of Trustees by appropriate committees
composed entirely of students or jointly of students, faculty, and
administrative representatives. University-wide regulations do not
contemplate specialized regulations or rules governing academic,
business, administrative, or contractual matters, nor rules or
regulations published by administrators, students, or faculty for the
control of facilities or programs, such as those not normally submitted
to the Board of Trustees for approval. Generally understood standards
of conduct, such as respect for the persons or property of others,
continue to apply and may form the basis of disciplinary action though
nowhere specified in particular detail.
It is the intent of this
section to bring students into active participation in the formulation
of University-wide regulations not excepted above, and to encourage the
inclusion of students as active participants in the formulation of
those regulations excepted above to the extent that such involvement
can be accomplished reasonably and practicably.
B. Standards of Fairness and Student Rights in Disciplinary Cases
The
George Washington University respects and is determined to protect the
individual dignity, integrity, and reputations of its students. At the
same time it requires that students comply with those conventions and
regulations of University life that are necessary to maintain order, to
protect individuals and property, and to fulfill its purposes and
responsibilities as a University. To this end, the University realizes
that the prevailing rule in matters of student discipline must continue
to be that of common sense, and an excessive legalism can only disserve
the University and its community of students, faculty, and staff. The
model for disciplinary procedures that the University adopts is that of
the administrative process, not that of the criminal or civil courts.
Certain
procedural rights shall be guaranteed to a student in any University
disciplinary proceeding in which he or she stands to bear significant
injury, such as expulsion, suspension, permanent reprimand, or other
stigmatizing action. A student subject to such disciplinary action is
in danger of injury to his or her reputation, opportunity to learn, and
earning power. He or she therefore should enjoy full protection of his
or her rights:
1. The right
to notice of charges whenever formal action upon such charges is
initiated, such notice to be given within a reasonably prompt period
and with sufficient particularity as to the facts that the student may
reasonably investigate the charge and prepare his or her defense, with
reasonable and appropriate recesses and continuances being provided to
all parties.
2. The right to confront and
cross-examine any witnesses appearing against him or her, to produce
witnesses on his or her own behalf, to present evidence, to know prior
to the hearing the contents of and the names of the authors of any
written statements that may be introduced against him or her, and to
rebut unfavorable inferences that might be drawn from such statements.
The right not to be compelled to be a witness against himself or
herself or to have his or her silence taken as an indication of guilt.
3.
The right to a decision based upon evidence of a kind upon which
responsible persons are accustomed to rely in serious affairs. However,
rules of evidence in courts of law shall not, as such, be applied. The
reliance upon evidence shall be determined by fundamental principles of
fair play.
4. The right not
to be sanctioned unless the decision maker is persuaded by a
preponderance of the evidence that the student is guilty.
5.
The right to be accompanied in all proceedings by an adviser (student,
faculty, or other) of his or her own choosing and at his or her own
expense.
6. The right
to have the option of a public hearing in the discretion of the
presiding officer, upon the student respondent's request.
7. The right to appeal decisions to a higher authority or hearing body within the administrative processes provided.
8. The right to have his or her case processed without prejudicial delay.
Hearings shall be tape recorded or transcribed.
Following
an alleged act of student misconduct, and until final disposition of
the charges, the status of a student shall not be altered or his or her
right to be present on campus and to attend classes suspended, except
for reasons relating to his or her physical or emotional safety and
well-being or for reasons relating to the safety and well-being of
other students, faculty, or University property, or for reasons
relating to the protection of the normal functions of the University.
Changes
in the status of a student that are not disciplinary in character
intended neither as punishment nor as censure, but required by
administrative, academic, or security interests of the University and
its community are not governed by these disciplinary procedures.
The
University disciplinary hearing system should not become excessively
legalistic or adversarial. The hearing bodies may find it necessary
frequently and firmly to remind parties, counsel, or advisers that the
proceedings are not criminal or civil trials, that criminal or civil
standards of due process and rules of evidence are not controlling, and
that the hearing bodies shall enjoy considerable discretion to
interpret, vary, and waive procedural requirements to the end that a
just and fair decision may be obtained.
VI. Students as Off-Campus Citizens
In
their off-campus lives, in matters not related to University functions,
students shall not be considered under the control of the University,
nor shall the University or its student governments be held responsible
for the off-campus activities or personal conduct of its individual
students.
A. Off-Campus Political Activities of Students
No
disciplinary action shall be taken by the University against a student
for engaging in such off-campus activities as political campaigning,
picketing, or participating in public demonstrations, subject to the
provisions of paragraph B.
B. Other Off-Campus Activities of Students
Students
who violate a local ordinance or any law risk the legal penalties
prescribed by civil authorities. An educational institution need not
concern itself with every violation. Nevertheless, the University may
take disciplinary action against those students whose behavior off
University premises indicates that they pose a serious and substantial
danger to self or others.
C. Student Records
Policies
concerning the retention, release, and confidentiality of student
records shall be recommended by the registrar, the schools,
departments, and other record-keeping agencies, with appropriate
student representation in the formulating of these policies, and shall
be published upon adoption by the Board of Trustees.
VII. Amendment, Interim and Emergency Powers, and Implementation
A. Amendment, Interim and Emergency Powers
In
conformity with the University Charter, the By-Laws of the Board of
Trustees, this statement may be amended by the Board of Trustees; the
faculty retains interim power to discipline students prior to action of
the Board of Trustees under regulations adopted by the Board of
Trustees.
Nothing in this statement can infringe or intends to
infringe upon the authority of the Trustees to amend the statement.
Further, this statement shall not prevent the Administration of the
University from taking such action as it deems necessary to the
functioning or welfare of the University in any matter prior to action
of the Board of Trustees.
B. Implementation
After
adoption by the Board of Trustees, the provisions of this statement
shall be put into effect in a manner that provides for both speedy
implementation and orderly transition.
Adopted by the Executive Committee of the Board of Trustees, August 7, 1970
University Policy on Equal Opportunity
The George Washington
University does not unlawfully discriminate against any person on the
basis of race, color, religion, sex, national origin, age, disability,
veteran status, or sexual orientation. This policy covers all programs,
services, policies, and procedures of the University, including
admission to education programs and employment. The University is
subject to the District of Columbia Human Rights Act.
Inquiries
concerning the application of this policy and federal laws and
regulations concerning discrimination in education or employment
programs and activities may be addressed to Susan B. Kaplan, Senior
Counsel, The George Washington University, Washington, DC 20052,
(202) 994-6503, to the Assistant Secretary for Civil Rights of the U.S.
Department of Education, or to the Director of the U.S. Equal
Employment Opportunity Commission Washington Field Office.
To
request disability accommodations, students should contact the Office
of Disability Support Services, (202) 994-8250 (TDD/voice), and
employees should contact the Office of Equal Employment Opportunity,
(202) 994-9656 (voice) or (202) 994-9650 (TDD).
May, 1991
Policy on Sexual Harassment
The George Washington
University is committed to maintaining a positive climate for study and
work, in which individuals are judged solely on relevant factors, such
as ability and performance, and can pursue their activities in an
atmosphere that is free from coercion and intimidation. Sexual
harassment is inimical to such an atmosphere and will not be tolerated.
The University's Sexual Harassment Policy and Procedures is located at http://www.gwu.edu/~vpgc/pdf/sexual_harassment.pdf and at http://my.gwu.edu/files/policies/SexualHarassmentFINAL.pdf .
The
University has adopted the following definition of sexual harassment,
substantially derived from Equal Employment Opportunity Commission and
Department of Education statements:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when
(1)
submission to such conduct is explicitly or implicitly made a
term or condition of academic participation or activity, educational
advancement, or employment;
(2) submission
to or rejection of such conduct by an individual is used as the basis
for employment or academic decisions that affect the individual;
(3)
such conduct has the purpose or effect of unreasonably
interfering with an individual’s academic or work performance or
limiting participation in University programs; or
(4)
the intent or effect of such conduct is to create an
intimidating, hostile, or offensive academic or work environment.
This
policy acknowledges that conduct that has the effect of sexual
harassment may occur without regard to the gender of either party.
Nothing
in this policy limits academic freedom, guaranteed by the Faculty Code,
which is a pre-eminent value of the University. This policy shall
not be interpreted to abridge academic freedom. Accordingly, in
an academic setting expression that is reasonably designed or
reasonably intended to contribute to academic inquiry, education or
debate on issues of public concern shall not be construed as sexual
harassment.
A person who commits sexual harassment in violation
of this policy will be subject to disciplinary action, up to and
including expulsion or termination.
If you believe you are being
or have been sexually harassed, if someone has accused you of sexual
harassment or inappropriate behavior of a sexual nature, or if you
receive a report of sexual harassment, please contact the Sexual
Harassment Response Coordinator, located in the Office of the Senior
Vice President and General Counsel, as soon as possible. Staff in
this office will respond to questions, address your concerns, and, if
warranted, coordinate an investigation.
Other resources are also
available--Ms. Annie Wooldridge, Assistant Vice President for Faculty
Recruitment and Personnel Relations, is available to faculty to discuss
complaints of sexual harassment. Ms. Linda Donnels, Associate Vice
President and Dean of Students, or her designee, is available to
students to discuss complaints of sexual harassment. Ms. Cynthia
Richardson-Crooks, Director of the Office of Equal Employment
Opportunity, and her staff, will discuss complaints with administrative
staff and employees.
Student Grievance Procedures
I. General
These
grievance procedures are promulgated to provide a channel for
resolution of the grievances of students who feel they have been
discriminated against on the basis of sex, race, color, religion, age,
national origin, disability or sexual orientation in any of the
policies, procedures, programs, or activities of or by any individual
employed by or acting in an official capacity for The George Washington
University.
The procedures are intended to encourage resolution
of the student's grievance informally and at the earliest possible
stage. At the same time, where such resolution is not possible, these
procedures provide for a more formal review of the situation by
individuals not party to the case, and a final decision based upon that
review by the appropriate dean or vice president. In providing these
procedures, it is the intention of the University to carry them out in
an equitable and timely manner. However, in extenuating circumstances,
it may not be possible to adhere to established time frames, and
extension of time shall not be construed as failure to follow
established procedures.
It shall be a violation within the meaning
of these regulations to discriminate against any student because he or
she has opposed any discriminatory practice proscribed by these
procedures, or because he or she has filed a grievance, testified,
assisted, or participated in any manner in the procedures provided for
herein.
A. Eligibility
Any full-time
or part-time student who believes that he or she has been discriminated
against on any of the bases cited above may initiate these procedures.
Employees, both full-time and part-time, who are also students may use
these procedures for matters relating to their student status only.
(For grievance procedures to resolve charges of discrimination in
employment, employees should consult the Faculty Code and Ordinances or
the Employee Handbook, as appropriate.) These grievance procedures are
not available to applicants to any of the University's academic units,
including applicants who are or have been registered students in
another of the University's academic units.
B. Coverage
A
student may charge discrimination on the basis of sex, race, color,
religion, age, national origin, disability, or sexual orientation in
the policies, procedures, programs, or activities of or by any
individual employed by and acting in an official capacity for The
George Washington University. However, in accordance with the statement
on academic freedom as outlined in the Faculty Code and Ordinances,
course content or emphasis and/or textbooks and other assigned
materials are specifically exempt from coverage.
Individuals
and/or registered student organizations who feel they have been
discriminated against by chartered student organizations as they act to
carry out responsibilities specifically delegated to them by the Board
of Trustees or the President may charge the organization under these
procedures. Individuals who feel they have been discriminated against
by having been denied the rights and privileges of membership or
participation in registered student organizations may also charge the
registered student organization under these procedures. University
policy permits campus organizations that are social fraternal groups to
limit membership on the basis of sex and sectarian groups to limit
membership on the basis of religion.
A faculty member or
administrator having administrative responsibility relating to the
group being charged shall be appointed by the Senior Associate Dean of
Students or designee, to carry out the function assigned to the
department chair outlined in II.C. Grievance Review Committees for
student organizational matters shall consist of two faculty members,
one administrator, and two students.
II. Grievance Procedures
A.
Students who believe they have been injured in some fashion by
discrimination must first seek to clarify or resolve the question
through direct contact with the individuals whose action gave rise to
the matter.
B. If the student is
unable to clarify or resolve the matter, the student must confer with
and submit a signed written statement of the charge to the Senior
Associate Dean of Students or designee. The written statement must
include the following: the name of the faculty member, administrator,
or student organization whose action gave rise to the matter; the type
of discrimination alleged; a statement of the injury alleged and the
resolution sought; and a summary, to include time, place, and results,
of the discussion that took place as required in II.A. above.
C.
The Senior Associate Dean of Students or designee shall refer the
charge to the appropriate academic or administrative department chair.
The department chair shall seek to mediate the charge and thereby
effect an informal resolution of the matter; failing informal
resolution, after consultation with both parties, the department chair
shall make a decision concerning the charge that shall be conveyed in
writing to both parties by registered or certified mail and to the
Senior Associate Dean of Students or designee. This mediation phase of
the procedures should be completed within 15 class days.
If the
individual whose action gave rise to the matter is an academic
department chair, dean, or administrator, or a faculty member reporting
directly to a dean or vice president, the Senior Associate Dean of
Students or designee shall refer the matter directly to a dean or vice
president, or if the academic or administrative department chair wishes
to disqualify himself or herself because of prior knowledge of the
matter, the Senior Associate Dean of Students or designee shall refer
the matter directly to the appropriate dean or vice president, who
shall designate another academic department chair, dean, administrator,
or faculty member under his or her supervision to perform the function
required by this subsection. The person selected by the dean or vice
president must be at least equal in position and rank to the person
against whom the grievance has been filed.
If, because of prior
knowledge of the matter, the dean or vice president wishes to
disqualify himself or herself from performing any of the functions
outlined in these grievance procedures, the matter will be referred to
the President who shall designate another dean or vice president to
perform one or more of the functions outlined in these procedures.
D.
Either party to the case may request a review of the decision rendered
under Subsection C. by writing the Senior Associate Dean of Students or
designee within five class days of receipt of the department chair's
decision.
E. The Senior Associate Dean of
Students or designee shall send a copy of the request for review to the
appropriate dean or vice president, and shall, within ten class days,
appoint a Grievance Review Committee, which shall advise the dean or
vice president.
1. The Grievance Review Committee for academic matters will consist of two faculty members and two students.
2.
The Grievance Review Committee for administrative matters will consist
of one faculty member, one administrator, and one student.
3.
Committee members will be selected from among a panel of ten faculty
members selected by the Faculty Senate, ten students selected by The
George Washington University Student Association, and five
administrators selected by the Chief Human Resources Officer or
designee. At least five students named to the panel shall be
enrolled in programs at the graduate level. Appointments to the
panel shall be made for one year from July 1 to June 30. Appointments
are renewable. The Senior Associate Dean of Students or designee will
select the committee members for each review and will appoint one of
the members to serve as chair. In the event panel members are not
available to serve, the Senior Associate Dean of Students or designee
shall have the authority to appoint committee members from the
appropriate constituency from outside the panels to hear a particular
grievance. Upon the request of the chair, the Senior Associate
Dean of Students or designee shall serve as advisor to the Review
Committee.
4. Within thirty
class days of appointment, the Grievance Review Committee shall hear
the grievance together with such witnesses as it deems germane to the
grievance or as may be called by either party. Each party shall be
entitled to question all witnesses appearing at the hearing and to
present written statements or other evidence. Either party may be
accompanied at the hearing by one person whom he or she has selected.
The
proceedings shall in all respects be under the control of the chair and
shall not be subject to formal rules of evidence or procedure. At the
discretion of the Committee, the proceedings may be closed or may be
open to members of the University community. The proceedings shall be
recorded and the recording preserved for three years along with any
written statements of evidence presented. A copy of the recording will
be made available to the grievant upon request. Costs incurred in
producing the copy shall be the responsibility of the grievant.
The
Grievance Review Committee shall convey its advice on the solution of
the grievance to the appropriate dean or vice president and to the
Senior Associate Dean of Students or designee within five class days of
the conclusion of the hearing. The Senior Associate Dean of Students or
designee shall distribute copies of the Committee's findings to both
parties.
5. The dean or vice president
shall make a decision within five class days after receiving the advice
of the Grievance Review Committee. The decision of the dean or vice
president shall be in writing and shall be conveyed to both parties by
registered or certified mail; the decision made by the dean or vice
president shall be final. However, to the extent that the decision
involves the changing of an academic evaluation, the decision cannot be
implemented without the consent of the cognizant faculty member(s)
unless approved by the Dean's Council.
F.
The Faculty Senate, the Joint Committee of Faculty and Students, and
the Student Senate shall be consulted before any revisions are made to
these procedures.
February, 1988
Code of Student Conduct
Authority for Student Discipline
1.
Ultimate authority for student discipline is vested in the Board of
Trustees by the University Charter. Disciplinary authority may be
delegated to University administrators, faculty members, student
committees, and organizations, as set forth in the “Code of Student
Conduct” (“Code”), or in other appropriate policies, rules, or
regulations adopted by the Board. Students are asked to assume
positions of responsibility in the University judicial system so that
they may contribute their skills and insights to the resolution of
disciplinary cases.
Rationale
2.
The primary purpose for the maintenance of discipline in the University
setting is to protect the campus community and to establish clear
standards for civil interaction among community members. The
University’s goal, through maintenance of standards set forth in the
“Code”, is to help students experience democratic citizenship, and its
attendant obligations and responsibilities.
The purpose
of a disciplinary proceeding is to establish the factual record of an
alleged violation of the “Code”. The procedures outlined do not
attempt to recreate or approximate a court of law. Procedures
shall reflect standards of fundamental fairness; however, minor
deviation from procedural guidelines for hearings suggested in this
“Code” shall not invalidate a decision or proceeding resulting from a
conference or hearing unless significant prejudice to the accused or
the University may result, as judged by the Associate Dean of Students
or designee.
Definitions
3. When used in this “Code”,
a. “Distribution” means any form of sale, exchange, or transfer.
b. “Group”
means a number of persons who are associated with each other, but who
have not complied with University requirements for registration as a
student organization.
c. “Institution” and “University”
mean The George Washington University and all of its undergraduate,
graduate, and professional schools, divisions, and programs.
d. “Organization”
means any number of persons who have complied with University
requirements for registration with the Student Activities Center as a
student organization.
e. “Student”
means any currently enrolled person, full-time or part-time, or on
continuous enrollment, pursuing undergraduate, graduate, or
professional studies, whether or not in pursuit of a degree or of any
form of certificate of completion.
f. “University premises”
means buildings or grounds owned or leased by the University,
including, but not limited to, buildings or grounds in which students
reside and University food service facilities are located; Marvin
Center facilities; Columbia Plaza; and facilities operated in the name
of any officially registered student organization. This
definition is not limited to buildings or grounds owned or leased by
the University at the Foggy Bottom Campus.
g. “University-sponsored activities”
means events and activities initiated by a student, student
organization, or University department, faculty member, or employee that
(1) Are expressly authorized, aided, conducted or supervised by the University; or
(2) Are funded in whole or in part by the University; or
(3)
Are initiated by an officially registered student organization
and conducted or promoted in the name of that student organization
and/or the University; or
(4) Take place on University premises.
Interpretation of Regulations
4.
The purpose of publishing disciplinary regulations is to inform
students of prohibited behavior. This “Code” is not written with
the specificity of a criminal statute, and any similarity to the
language of any criminal statute does not mean that such language or
statute or case(s) applies to the University’s judicial system or is
relevant to the interpretation or application of the “Code”.
Inherent Authority
5.
The University reserves the right to take necessary and appropriate
action to protect the safety and well-being of the campus
community. Such action may include taking disciplinary action
against those students whose behavior off University premises
constitutes a violation of this “Code”.
6.
Students may be accountable both to civil authorities and to the
University for acts that constitute violations of law and of this
“Code”. Disciplinary action at the University will not be subject
to challenge on the grounds that criminal charges involving the same
incident have been dismissed or reduced or that no criminal charges
have been brought.
Interim Suspension
7.
The Dean of Students or designee, following consultation with the
Executive Vice President for Academic Affairs and the General Counsel
or their designees, may evict a student from University housing or
suspend a student from the University for an interim period not to
exceed 21 days, pending disciplinary proceedings or medical
evaluation. The interim eviction/suspension shall become
immediately effective without prior notice whenever there is evidence
that the continued presence of the student on the campus poses a
substantial and immediate threat to himself or herself or to others or
to the stability and continuance of normal University functions.
Interim suspension shall be considered an excused absence.
8.
A student suspended or evicted on an interim basis will be granted a
disciplinary hearing or conference as soon as is practical.
Standards of Classroom Behavior
9.
The primary responsibility for managing the classroom environment rests
with the faculty. Students who engage in any prohibited or
unlawful acts that result in disruption of a class may be directed by
the instructor to leave the class for the remainder of the class
period. Longer suspensions from a class or dismissal on
disciplinary grounds must be preceded by a disciplinary conference or
hearing, as set forth in Articles 25 and 26 of this “Code”, or in accordance with Articles 7 and 8 above.
The
term “prohibited...acts” includes behavior prohibited by the instructor
(including, but not limited to, smoking in the classroom, persistently
speaking without being recognized or called on, refusing to be seated,
disrupting the class by leaving and entering the room without
authorization). It must be emphasized that this provision is not
designed to be used as a means to punish classroom dissent. The
expression of disagreement with the instructor or classmates is not in
itself disruptive behavior.
Office of Student Judicial Services
10.
The Office of Student Judicial Services within the Dean of
Students Office directs the efforts of students and staff members in
matters involving student discipline. The responsibilities of the
Office include:
a. Determining the disciplinary charges to be filed according to this “Code”;
b.
Interviewing, advising, and assisting parties involved in
disciplinary proceedings and arranging for a balanced presentation
before the various judicial boards on a timely basis;
c. Training and advising the campus judiciary;
d. Maintaining all student non-academic disciplinary records;
e. Developing procedures for conflict resolution;
f. Conducting disciplinary conferences;
g. Collecting and disseminating research and analysis concerning student conduct;
h.
Resolving cases of student misconduct, including the imposition
of sanctions lesser than suspension or expulsion. Prohibited Conduct
11.
Violence of any kind will not be tolerated on or off University
premises or at University-sponsored activities. Any student,
group, or organization found to have committed misconduct is subject to
disciplinary action and to the sanctions outlined in this “Code”.
Attempts to commit any of these acts of misconduct are included in the
scope of these definitions. The following are examples of
misconduct subject to disciplinary action (subject to the provisions of
Article 5):
a. Sexual Assault
- Inflicting any sexual invasion (including but not limited to sexual
intercourse) upon any person without that person’s consent.
“Consent” requires actual words or conduct indicating a freely-given
agreement to have sexual intercourse, or to participate in sexual
activities. The University community should be aware that,
depending on the particular circumstances, previous sexual
relationships, the current relationship between the persons involved,
or silence or lack of protest do not necessarily constitute
consent. Further, the degree of impairment of a person’s ability
to give or withhold consent (including but not limited to incapacity or
helplessness caused by alcohol or other drugs) may be introduced as
pertinent information at any University disciplinary hearing.
b. Physical Abuse - Committing physical abuse and/or battery of any person.
c. Assault - Placing a person in fear of imminent physical danger or injury through the use of verbal or physical threats.
d. Sexual Harassment
- Committing sexual harassment against another person. “Sexual
harassment” means sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when
(1)
Submission to such conduct is made explicitly or implicitly a
term or condition of academic performance, advancement or employment; or
(2)
Submission to or rejection of such conduct by a person is used as
a basis for a decision relating to the academic performance,
advancement or employment of the person; or
(3)
A person knows or should have known that such conduct is
unwelcome and that the conduct has the purpose or effect of
(a) Substantially interfering with a person’s academic or work performance; or
(b) Limiting participation in University programs or University-sponsored activities; or
(c) Creating an intimidating, hostile, or offensive academic, work, social or living environment. e. Drug / Alcohol Violation
- Possession or use of alcohol by persons under 21; intoxication on
University premises; possession or use of illegal drugs or controlled
substances; possession of paraphernalia containing drug residue;
manufacture or distribution of illegal drugs or controlled substances.
f. Weapon Violation - Use,
possession or storage of any firearms, ammunition, knives, other
weapons, or objects that could be construed as weapons. Items
that pose a potential hazard to the safety or health of others are also
prohibited.
g. False Alarm/Report –
Knowingly or negligently causing or attempting to cause a fire in a
University building; initiating or causing to be initiated any false
alarm/report, warning, or threat of fire, explosion, or other
emergency.
h. Interfering With University Events
- Interfering with any normal University or University-sponsored
events, including but not limited to studying, teaching, research, and
University administration, fire, police or emergency services.
i. Sanction Violation - Violating the terms of any disciplinary sanction imposed in accordance with this “Code”.
j. Dishonesty - Non-academic dishonesty including but not limited to,
(1) Furnishing false information to the University or University personnel, including the University Police.
(2) Furnishing false information at University disciplinary proceedings.
(3)
Forgery, unauthorized alteration or unauthorized use of any
University documents, records, or identification cards, including
computer records, misuse of computer facilities and electronic mailing
systems. Academic dishonesty violations will be handled according
to the Code of Academic Integrity. k. Misuse of Fire Safety Equipment - Misuse or damage to fire safety equipment, such as fire extinguishers or exit signs.
l. Theft - Theft of property or of services or knowing possession of stolen property.
m. Destruction of Property - Destroying or damaging University property, such as library holdings, or the property of others.
n. Non-compliance
- Failure to comply with reasonable directions of University officials,
including University Police officers and representatives of the Office
of Student Judicial Services acting in performance of their
duties. Directives to cooperate in the administration of this
“Code” including those to appear and give testimony at a University
disciplinary proceeding as well as directives to produce identification
are included in the scope of this provision.
o. Regulation Violation
- Any violation of other published University regulations including but
not limited to The Alcoholic Beverage Consumption and Distribution
Policy, regulations governing student organizations, the GWHP
Residential Community Conduct Guidelines and Administrative Policies
(whether the student lives in residence or not) and other lease
agreements with the University, the Code of Computer Usage, and the
Gelman Library Rules and Regulations.
p. Fireworks Violation - Use or possession of fireworks.
q. Violation of Law
- Violation of federal and/or local law, including, but not limited to,
possession of any falsified identification; manufacture, sale or
distribution of local, state or federal identification.
r. Unauthorized Use of the University’s Name - Any unauthorized commercial use of the University’s name, logo, or other representation.
s. Disorderly Conduct
- Acting in a manner to annoy, disturb, interfere with, obstruct, or be
offensive to others; shouting or making excessive noise either inside
or outside a building to the annoyance or disturbance of others;
verbally abusing University officials acting in performance of their
duties; or acting in a lewd or indecent manner.
t. Hazing
- Any act of hazing. Hazing is defined as any action taken or
situation created, intentionally, with or without consent, whether on
or off campus, to produce mental or physical discomfort, embarrassment,
harassment or ridicule. Such activities and situations include
but are not limited to paddling in any form; creation of excessive
fatigue; physical and psychological shocks; quests, treasure hunts,
scavenger hunts, road trips, or any other such activities carried on
outside the confines of the house or organization; wearing, publicly,
apparel that is conspicuous and not normally in good taste; engaging in
public stunts and buffoonery; morally degrading or humiliating games
and activities; and any other activities which are not consistent with
the academic mission of the University. Groups will be held
responsible for the actions of their members including pledges,
associates, and any other pre-initiates.
Persons will be
charged, in addition to the group itself, under this, as well as any
other applicable violations. See Articles 28 and 29 for further
information on this prohibition.
u. Discrimination
- Committing any of the above acts because of a person’s race, color,
religion, sex, national origin, age, disability, veteran status, or
sexual orientation.
Sanctions
Articles 12 and 13
represent an attempt to give needed assistance to those who are
assessing sanctions. The guidance is directed toward imposing
more severe disciplinary sanctions in serious cases. However, the
language concerning “mitigating factors” is broad enough to give
considerable discretion to do justice, depending upon the facts in each
case. The burden of establishing mitigating factors prior to
imposition of sanctions is on the student accused.
12.
This “Code” seeks to preserve flexibility in the imposition of
sanctions so that each student or group offender is afforded the
greatest possibility for appropriate and just treatment.
Significant
mitigating or aggravating factors shall be considered, which may
include the current demeanor and the presence or lack of a disciplinary
or criminal record of the offender, as well as the nature of the
offense and the extent of any damage, injury or harm resulting from it.
a. Censure
- An official written reprimand for violation of specified regulations,
including a warning that continuation or repetition of prohibited
conduct will be cause for additional disciplinary action.
b. Disciplinary Probation
- Exclusion from participation in privileged or extracurricular
institutional activities for a specified period of time, including
athletic and any other team activity or sport. Additional
restrictions or conditions may also be imposed. Violations of the
terms of disciplinary probation, or any other violation of this “Code”
during the period of probation, will normally result in suspension or
expulsion from the University.
c. Restitution - Repayment to the University or to an affected party for damages, loss, or injury resulting from a violation of this “Code”.
d. Suspension
- Exclusion from classes and other privileges or activities, including
access to University premises or University-sponsored activities off
campus, as set forth in the notice of suspension, for a specified
period of time. Any student who is suspended shall not be
entitled to any tuition or fee refund and is barred from University
premises.
e. Expulsion - Termination
of student status and exclusion from University privileges and
activities, including access to University premises or
University-sponsored activities off campus, in perpetuity. Any
student who is expelled shall not be entitled to any tuition or fee
refund and is barred from University premises.
f. Eviction from Residence
- Termination of residence contract and exclusion from visiting within
certain or all residential facilities as set forth. Any student
who is evicted shall not be entitled to a refund of room fees.
Evicted students may not reside in other University-owned/controlled
housing unless a waiver is granted by the Office of Student Judicial
Services.
g. Other sanctions -
Other sanctions may be imposed instead of, or in addition, to those
specified above. For example, students may be subject to
restrictions upon or denials of University parking privileges for
violations involving the use or registration of motor vehicles on
campus. Service projects may also be assigned. Students may
be directed to have “no contact” with other students and/or may be
forbidden to access specified areas of campus (“persona non grata”). 13. The following are recommended minimum sanctions:
a. Sexual Assault: One year suspension and eviction from the residence halls or University-owned or controlled rental properties.
b. Physical Abuse: One semester suspension and eviction from the residence halls or University-owned or controlled rental properties.
c. Assault: Disciplinary probation.
d. Sexual Harassment: Disciplinary probation.
e. Drug Violation:
(1) Possession and/or use:
1st offense: $50 fine, required participation in a drug abuse education program and eviction from residence halls;
2nd offense: $100 fine and required evaluation by a certified service at the student’s expense;
3rd offense:
Conference with the Dean of Students or designee to determine the
viability of the student’s remaining at the University.
(2) Manufacture, distribution, possession with intent to distribute drugs: One year suspension.
(3) Violation of the Alcohol Policy:
1st offense: $50 fine and required participation in an alcohol education program;
2nd offense: $100 fine and required assessment by a certified service at the student’s expense;
3rd offense: Conference with the Dean of Students or designee to determine the viability of the student’s remaining at the University.
f. Possession or Storage of a Weapon or Object That Could Be Construed as a Weapon: Disciplinary probation and eviction from the residence halls or University-owned or controlled rental properties.
(1) Use of weapons, ammunition or objects that could be construed as weapons: One semester suspension.
(2) Use of firearms: One year suspension.
g. False Alarm/Report:
Suspension from the University and/or eviction from the residence halls
or University-owned or controlled rental properties.
h. Interfering with University Events: Censure.
i. Sanction Violation: Disciplinary probation.
j. Dishonesty: Disciplinary probation.
k. Misuse of Fire/Safety Equipment: Restitution.
l. Theft: Restitution.
m. Destruction of Property: Restitution for the cost of replacement or repairs; loss of privileges in libraries or computer or other laboratories.
n. Non-compliance: Disciplinary probation.
o. Regulation Violations:
Disciplinary probation, eviction from the residence halls or
University-owned or controlled rental properties; denial of computer
privileges/access; loss of library privileges. In egregious
cases, such as tampering with University computer records, the student
may be suspended for no less than one semester.
p. Fireworks Violation:
Eviction from the residence halls or University-owned or controlled
rental properties; restitution for the cost of repairs.
q. Violation of Law:
Disciplinary probation for acts including but not limited to possession
of any falsified means of identification; one semester suspension or,
in egregious cases, expulsion for acts including, but not limited to,
manufacture, sale, or distribution of local, state or federal means of
identification.
r. Unauthorized Use of the University’s Name: Disciplinary probation.
s. Disorderly Conduct:
Disciplinary probation and/or eviction from the residence halls or
University-owned or controlled rental properties.
t. Hazing:
For groups, loss of University registration and all attendant
privileges; for individuals, disciplinary probation or any other
sanction applicable for additional charges.
u. Discrimination:
Will not have a separate, minimum sanction since it only will be
charged in conjunction with charges or other prohibited conduct as an
aggravating circumstance to be considered in imposing sanctions for
another violation.
14.
Repeated or aggravated violations of any part of this “Code” may
also result in expulsion or suspension or any other sanction that may
be appropriate.
15.
Attempts to commit acts prohibited by this “Code” or encouraging
others to commit acts prohibited by this “Code” shall be punished to
the same extent as completed violations.
16.
Students subject to eviction from the residence halls or
University-owned or controlled rental properties or suspension or
expulsion from the University will be entitled to a Judicial Board
hearing. Students subject to any other sanction will be entitled
to an informal disciplinary conference. (See Sections 25 and 26.)
Case Referrals
17.
Any person may refer students or student groups or organizations
suspected of violating any part of this “Code” to the Office of Student
Judicial Services and the University Police Department. Any
person who witnesses a violation in progress should report it
immediately to the University Police Department.
18.
The Associate Dean of Students or designee will review the
reported allegation to determine whether a sanction of suspension,
eviction from housing, or expulsion is warranted. From that
determination, a Judicial Board hearing or disciplinary conference will
be scheduled based on the terms in Articles 25 and 26.
Any student, however, may elect to have a disciplinary
conference. If a student entitled to a judicial board hearing
elects a disciplinary conference, the full range of sanctions may be
imposed, including, eviction, suspension, and expulsion.
19.
The Associate Dean of Students or designee may defer disciplinary
proceedings (Judicial Board hearing or disciplinary conference) for
alleged violations of this “Code” for a period not to exceed one
semester. Pending charges may be withdrawn thereafter, depending
on the conduct of the accused student, or be added to any subsequent
charges within the period of deferment.
Judicial Boards
20. Judicial Bodies:
a.
The University Hearing Board hears cases to be resolved in
accordance with this “Code”. The Board is composed of five
full-time students to be selected from the pool. The pool shall
consist of at least 10 full-time students selected according to Article
22 of this “Code”. If the alleged misconduct may
result in suspension or expulsion from the University, whenever
possible, a faculty member or administrator will be included; however,
the absence of a faculty member or administrator will not prevent the
University Hearing Board from hearing a case. Quorum will consist
of at least three students.
b. The
Student Parking Violations Board considers appeals of offenses for
which a ticket was issued by Parking Services, as well as other parking
matters referred by the Office of Parking Services. It may both
impose and reduce prescribed fines or suspensions of parking
privileges. The Board is composed of three full-time students.
Board decisions are subject to administrative review at the discretion
of the Associate Dean of Students or designee, but are otherwise
considered final and conclusive. Requests for appeal of parking
tickets must be submitted in writing to the Office of Parking Services
within thirty business days from the date the ticket was issued.
Failure to appeal within this allotted time will render the original
decision final and conclusive.
c. Ad hoc
Boards may be appointed by the Associate Dean of Students or designee
if after reasonable effort a board is not able to be constituted, is
unable to obtain a quorum, or is otherwise unable to hear a case.
Ad hoc Boards may be composed of administrators, faculty
members, students, or any combination thereof. Reasonable efforts
should be made to arrange for student membership on any ad hoc Board.
d.
The Committee on the Judicial System, appointed by the President
for a term of two years, will be composed of the following
members: two faculty members to be nominated by the Faculty
Senate; two administrators to be nominated by the Dean of Students; and
two full-time undergraduate students and one graduate student to be
nominated by the President of the Student Association. Quorum
will consist of three members with each constituency - administrators,
faculty and students - represented. The chair should
be a member of the Faculty Senate. In addition to reviewing
appeals, other tasks or assignments may be referred to the Committee at
the discretion of the Dean of Students. The Committee on the
Judicial System’s decisions on appeals are final and conclusive.
21.
With the exception of the Student Parking Violations Board, the
finding of fact as determined by each Judicial Board will be forwarded
to the Associate Dean of Students or designee for determination and
imposition of sanction, if applicable. In case of suspension or
expulsion, the Dean of Students or designee, in concurrence with the
Executive Vice President for Academic Affairs or designee, will impose
sanctions.
Selection and Removal of Judicial Board Members
22.
Student members of each Judicial Board and the presiding officer
are selected in accordance with procedures developed by the Associate
Dean of Students or designee. Student members of each Judicial
Board are appointed by the Dean of Students or designee to serve for a
term of one year. Faculty and administrative members of each
Judicial Board are nominated by the Faculty Senate and the Dean of
Students, respectively, and are appointed by the President for terms
established by the Faculty Senate.
23.
Members of any judicial pool who are charged with any violation of this
“Code” or with a criminal offense will be suspended from their judicial
positions by the Associate Dean of Students or designee during the
pendency of the charges against them. Members found in-violation
of any such violation or guilty of a criminal offense will be
disqualified from any further participation in the University judicial
system. Additional grounds and procedures for removal may be
established by the Associate Dean of Students or designee.
24.
Students, faculty and staff appointed as members of any Judicial
Board must adhere to absolute confidentiality relative to the matters
and names of all persons who participate in the judicial process.
Any student who violates this provision will be charged and, if found
in violation, will be sanctioned.
Procedural Guidelines - Disciplinary Conferences
25.
When deemed appropriate by violation, when requested by students
in place of a Judicial Board hearing, or when used to adjudicate minor
violations of residence hall regulations, the following procedural
guidelines for a disciplinary conference will be used:
A
disciplinary conference will normally consist of an informal,
non-adversarial meeting between the accused student and a University
administrator or an experienced member of the University Hearing Board
as designated by the Associate Dean of Students or designee, or the
Office of Student Judicial Services. Respondents may request the
Office of Student Judicial Services to call appropriate and relevant
witnesses on their behalf. Accused students who fail to appear
after written notice will be deemed not to have contested the
allegations against them; however, a student may elect not to speak on
his or her own behalf.
The following procedural guidelines are applicable to respondents in disciplinary conferences:
a.
Written notice of the specific charges and date of the scheduled
conference at least three days prior to the conference.
b.
Reasonable access to the case file at least three days prior to
and during the conference. A case file is part of the student’s
education record under the Family Educational Rights and Privacy Act of
1974. The personal notes of University staff members are not
included in the case file. The case file will be retained in the
Office of Student Judicial Services.
c. The
opportunity to respond to the evidence and to call appropriate and
relevant student witnesses. It is expected that all witnesses
will provide information that is true and correct. Any student
who knowingly provides false information during a disciplinary
conference will be charged under Article 11, section j of this “Code”.
d. The right to an advisor in accordance with the guidelines in Article 27.
e.
If a student entitled to a Judicial Board hearing elects a
disciplinary conference, the full range of sanctions may be imposed,
including eviction, suspension, and expulsion.
f.
Notarized affidavits may be accepted or other accommodations made
at the discretion of the presiding officer in lieu of live testimony if
a witness is out of state or otherwise determined to be unavailable. Procedural Guidelines - Disciplinary Hearings
26. The following procedural guidelines shall be applicable in all disciplinary hearings:
a.
Students accused of violations will be given written notice of
the hearing date and the specific charges against them within a
reasonable amount of time and be given reasonable access to the case
file, which will be retained in the Office of Student Judicial
Services.
b. The Office of Student
Judicial Services will take steps to compel the attendance of student
witnesses whose testimony may help the University Hearing Board
establish the factual record. Failure to appear when called will
result in charges under this “Code” but will not invalidate the
proceedings. Character witnesses will not be heard. It is
expected that all witnesses will provide information that is true and
correct. Any student who knowingly provides false information
during a disciplinary hearing will be charged under Article 11, section j of this “Code”.
c.
Accused students who fail to appear after written notice will be
deemed not to have contested the allegations against them; however, a
student may elect not to speak on his or her own behalf. In such
cases, the University Hearing Board’s decision will be based solely on
witness testimony and other information presented during the
proceeding.
d. Hearings will be closed to the public.
e.
The presiding officer will exercise control over the proceedings
to maintain proper decorum, to avoid needless consumption of time and
to achieve an orderly completion of the hearing. Anyone
disrupting the hearing may be removed or excluded from the hearing by
the presiding officer, the Associate Dean of Students or
designee. Such disruption is a violation of this “Code”, and a
person may be charged following his or her disruption and removal.
f. Hearings will be tape recorded or
transcribed. The method used is at the discretion of the
Associate Dean of Students or designee.
g.
Any party may challenge a Board member on the grounds of personal
bias. The decision to disqualify a Board member will be made by
the Associate Dean of Students or designee. This decision is
final.
h. Witnesses will be truthful in
giving testimony before the Board. Furnishing false information
in such a context is a violation of this “Code” and appropriate
sanctions will be applied.
i. Only the
immediate parties (and the respondent’s advisor if applicable) to the
alleged violation may be present throughout the hearing. All
parties will be excluded during Board deliberations.
j.
The Board will question all parties in an effort to establish the
factual record. On disputed points, a preponderance of the
evidence available, fairly considered, will decide the facts. A
“preponderance of the evidence” means that it is “more likely than not”
that a fact is true or an event occurred.
k.
Formal rules of evidence will not be applicable in disciplinary
proceedings described in this “Code”. Confidentiality will be
observed.
l. All parties may question witnesses who testify for any of the parties at the hearing.
m.
Prior to the hearing, the Associate Dean of Students or designee
may appoint a special presiding officer in complex cases.
n.
Reports of the Board shall include a finding of fact and a
determination of whether or not the respondent is in violation of the
alleged misconduct. If the Board determines the respondent to be
in violation, the report will also include a recommendation of
sanction. The Board may consider mitigating or aggravating
circumstances when making a sanction recommendation. The report
will be forwarded to the Associate Dean of Students or designee for
review. If in the judgment of the Associate Dean of Students or
designee the sanction recommended by the Board is significantly at
variance with sanctions imposed in closely similar cases, the Associate
Dean of Students or designee may then revise the sanction.
o.
In cases of suspension or expulsion, the Dean of Students or
designee, in concurrence with the Executive Vice President for Academic
Affairs or designee, will impose sanctions. The past disciplinary
record of the accused student and applicable mitigating and aggravating
circumstances will be taken into account in determining the
sanction(s).
p. The accused student will
receive, in writing within a reasonable amount of time, the decision of
the Board and the sanction(s) determined.
q. Accused students have the right to an advisor in accordance with the guidelines in Article 27.
r.
Notarized affidavits may be accepted or other accommodations made
at the discretion of the presiding officer in lieu of live testimony if
a witness is out of state or otherwise determined to be
unavailable. Representatives and Advisors
27.
Representation is not permitted in University disciplinary
hearings or conferences. Accused students may be accompanied by
an advisor or friendly observer. The role of advisors shall be
limited to consultation with respondents; advisors may not address the
Board or question hearing participants. Violations of this
limitation will result in the advisors being ejected from the hearing
at the discretion of the presiding officer. The advisor may be,
but may not act as, legal counsel. Accused students must notify
the Office of Student Judicial Services if they will have legal counsel
at the hearing or conference at least three business days prior to the
hearing or conference.
Student Groups and Organizations
28. Student groups and organizations may be charged with violations of this “Code”.
29.
A student group or organization may be held collectively
responsible and its officers may be held individually responsible when
violations of the “Code” by those associated with the group or
organization have occurred.
A position of leadership in a
student group, organization, or athletic team entails
responsibility. Student officers cannot permit, condone, or
acquiesce in any violation of this “Code” by the group or organization.
This section of the “Code” is also designed to hold a
group, including athletic teams, student organizations, and their
officers, accountable for any act of hazing. For example,
requiring, expecting, or encouraging members to consume any drugs,
including alcohol, as a condition or prelude to membership or further
participation in the organization would constitute a violation of
Article 11, sections b, e, h, and t. This is
because such an activity may be physically abusive, constitutes an
interference with normal University activities and violates drug or
alcohol regulations. The express or implied “consent” of the
victim or participant is not a defense. Participants in these
activities will be charged; the University community is considered to
be the victim.
30. The
officers or leaders or any identifiable spokesperson for a student
group or organization may be directed by the Associate Dean of Students
or designee to take appropriate action designed to prevent or end
violations of this “Code” by the group or organization. Failure
to make reasonable efforts to comply with the Associate Dean of
Students or designee’s directive shall be considered a violation of
this “Code” by the officers, leaders, or spokesperson for the group or
organization and by the group or organization itself.
31.
Sanctions for group or organization misconduct may include
revocation or denial of registration, as well as other appropriate
sanctions.
Appeals
32.
Appeals must be based on new information that is relevant to the
case, that was not previously presented at the hearing or conference,
and that significantly alters the finding of fact.
33.
Appeals must be submitted in writing to the Office of Student
Judicial Services within five business days from the date of the
written sanction notice. These appeals will be reviewed by the
Senior Assistant Dean of Students or designee to determine their
viability based on new information significantly altering the finding
of fact. Only when deemed viable will the appeal be forwarded to
the Committee on the Judicial System for its review. Failure to
appeal within the allotted time will render the original decision final
and conclusive. Decisions to grant or deny the appeal will be
based on information supplied in the written appeal and, when
necessary, on the record of the original proceedings. Findings
and sanctions arising from new hearings or conferences ordered by the
Committee on the Judicial System are final and conclusive.
34. The Committee on the Judicial System may
a. Affirm the finding of the original board or conference;
b. Remand the case to the original board or conference officer for a new hearing;
c. Request that a new board or conference officer hear the case. 35.
The imposition of sanctions will be deferred during the pendency
of appellate proceedings unless, in the judgment of the Dean of
Students or designee, the continued presence of the student on campus
poses a substantial threat to others, to himself or herself, or to the
stability and continuance of normal University functions.
Transcript Notations
36.
An encumbrance may be placed on a student’s University records by
the Associate Dean of Students or designee while disciplinary
proceedings are pending or sanctions are incomplete.
37.
Notation of disciplinary action will be made on the transcript
whenever a student is expelled or suspended. Students may
petition for removal of the notation of suspension when the suspension
period has expired or after three years, whichever comes first.
Such petitions may be granted at the discretion of the Associate Dean
of Students or designee. Factors to be considered in reviewing
petitions for notation removal include the current demeanor of the
student, the student’s conduct subsequent to the violation, and the
nature of the violation, including the damage, injury, or
harm.
Disciplinary Files and Records
38.
Case referrals may result in the development of a disciplinary
file in the name of the student; the file shall be voided if the charge
is not substantiated. Voided files will be so marked, shall not
be kept with active disciplinary records, and shall not leave any
student with a disciplinary record.
39.
The files of students found in violation of any prohibited
conduct will be retained as a disciplinary record until their
graduation. This provision shall not, however, prohibit any
program, department, college or school of the University from retaining
records of violations and reporting violations as required by their
professional standards; the University may retain, for appropriate
administrative purposes, records of all proceedings regarding
violations of the “Code of Student Conduct”. Disciplinary records
may be reported to third parties in accordance with University
regulations and law.
40.
Disciplinary records may be removed from the student disciplinary
files of the Office of the Dean of Students by the Associate Dean of
Students or designee, upon written request of the student, no sooner
than one year after the finding of fact for the case. In deciding
whether to grant the request, the Associate Dean of Students or
designee will consider such factors as the current demeanor of the
student, the student’s conduct subsequent to the violation, and the
nature of the violation, including the severity of any other student’s
damage, injury or harm.
41.
Students assigned to complete any sanction as a result of
violating any section of this “Code” will have their records encumbered
by the Office of Student Judicial Services. The encumbrance will
be removed upon completion of all sanctions required by the University.
Conflicts
42.
In event of conflict between the terms of this “Code of Student
Conduct” and any other provision of the Guide to Student Rights and
Responsibilities, the terms of this “Code” shall govern.
Approved – October, 1996
Additional Conduct Regulations
In addition to the
Statement of Student Rights and Responsibilities and the “Code of
Student Conduct”, the following are the principal regulations governing
student conduct. The text below is a summary of the official
University document (cited in parenthesis following the title).
Please refer to the full text of the policies, which can be found
online at http://policy.gwu.edu.
A. Violations of Law, Including Laws Proscribing Certain Drugs
(Board of Trustees Resolution -- October 19, 1968)
The
University cannot condone violations of law, including violation of
those laws that proscribe possession, use, sale, or distribution of
certain drugs. Administrative action, which may include dismissal from the residence
halls, revocation of other privileges, or suspension or dismissal from
the University, may be taken in order to protect the interests of the
University and the rights of others.
B. Possession of Firearms
(Firearms and Weapons Policy)
The
possession of firearms, explosives, or other weapons by members of the
University community on University premises without the explicit
authorization of the University, whether or not a federal or state
license to possess the same has been issued to the possessor, is
prohibited.
http://my.gwu.edu/files/policies/FirearmsFINAL.pdf
C. Unauthorized Entry/Trespass
(Barring People From Campus Policy)
The
University reserves the right to determine who can and cannot access
and/or use property owned, controlled, or leased by the
University. The University reserves the right to bar from
University property or facilities any person, whether or not affiliated
with the University, to whom the University does not wish to allow
access.
http://my.gwu.edu/files/policies/BarringPeopleFINAL.pdf
D. Misuse of University Identification
(GWorld Card Policy)
The
GWorld Card is the official identification card of the University, and
is required for access to certain campus buildings (such as residence
halls, libraries, and athletic facilities) and to University
events. The card also provides a declining balance account for
purchases at on- and off-campus merchants. By accepting the
GWorld card, an individual agrees to be bound by the requirements set
forth in the GWorld Card Policy. Violations may result in
confiscation of the card and disciplinary action up to and including
termination of employment or enrollment.
http://my.gwu.edu/files/policies/GWorldCardFINAL.pdf
E. Animals in Residential Buildings
(Residential Community Conduct Guidelines)
No
animals of any kind, other than properly attended service animals for
individuals with disabilities (registered through the Office of
Disability Support Services), are permitted in University residence
halls. In the event animals, including laboratory specimins, are
found in a residence hall, the University reserves the right to have
the removed and to bill the student(s) responsible for required
extermination and cleaning services. Disciplinary action may be
taken against the student(s).
http://gwired.gwu.edu/osjs/Policies/RCCG
F. Demonstration
(Demonstrations Policy)
The
University supports the rights of members of the community to dissent
and to demonstrate that dissent, provided that such activities do not
disrupt normal campus operations, obstruct free access to University
buildings, facilities, or spaces, or infringe upon the rights of others.
http://my.gwu.edu/files/policies/DemonstrationsFINAL.pdf
G. Disruption of University Functions
(Board of Trustees Resolution -- January 16, 1969)
Any
member of the University (including as members of the University all
persons having a formal connection with the University) who
1. Engages in conduct that unreasonably obstructs teaching, research, and learning, or
2. Unreasonably obstructs free access to members of the University or to University buildings, or
3. Disobeys general regulations of the University, or
4.
Damages University property or injures members or guests of the
University may be punished for conduct by dismissal from the
University, or by some lesser disciplinary action, through procedures
established within the University for the government of its members.
H. Political Activities
(Political Activity Policy)
The
University's policy is to comply with Internal Revenue Service
regulations that restrict the use of its property and employees in
political campaign activities in support of or opposition to candidates.
http://my.gwu.edu/files/policies/PoliticalActivityFINAL.pdf
I. Right to Change Rules and Programs
(University Bulletin)
The
University reserves the right to modify or change requirements, rules,
and fees. Such regulations shall go into force whenever the
proper authorities may determine. The right is reserved by the
University to make changes in programs without notice whenever
circumstances warrant such changes.
http://www.gwu.edu/~bulletin/grad/unrg.html
J. Right to Dismiss Students
(University Bulletin)
The
University reserves the right to dismiss or exclude any student from
the University, or from any class or classes, whenever, in the interest
of the student or the University, the University Administration deems
it advisable.
http://www.gwu.edu/~bulletin/grad/unrg.html
K. Non-Punitive Administrative Actions
In
the course of University administration, faculty and administrators may
take actions that have some coloring of punitive action but that, in
fact, are not taken with intent to punish the student. Actions of this
kind are necessary to the reasonable operation of the University, but
care must be exercised that they do not become devices for avoiding the
safeguards established to avoid unfair, arbitrary, or capricious
invasions of student rights. An example is the refusal to re-enroll a
student with unpaid indebtedness to the University. Another example
would be the refusal to re-enroll a student with incapacitating
psychological disturbances. Another example would be the requirement
that a student pay for damage to University property caused by his or
her negligence. These examples are illustrative, not a comprehensive
description of these inherent administrative powers. These actions are
not governed by the disciplinary procedures of the Statement of Student
Rights and Responsibilities or by the “Code of Student Conduct”.
Code of Academic Integrity
Preamble
We,
the Students, Faculty, Librarians and Administration of The George
Washington University, believing academic honesty to be central to the
mission of the University, commit ourselves to its high standards and
to the promotion of academic integrity. Commitment to academic honesty
upholds the mutual respect and moral integrity that our community
values and nurtures. To this end, we have established The George
Washington University Code of Academic Integrity.
Article I: The Authority of the Code of Academic Integrity
Section 1: Jurisdiction of the Code of Academic Integrity
The Code of Academic Integrity shall have jurisdiction over the following schools within the University:
1) the Columbian College of Arts and Sciences;
2) the Elliott School of International Affairs;
3) the Graduate School of Education and Human Development;
4) the College of Professional Studies;
5) the School of Business;
6) the School of Engineering and Applied Science;
7) the School of Public Health and Health Services;
8) all programs in the School of Medicine and Health Sciences, except the Doctor of Medicine program.
Section 2: Repeal of Prior University Policies on Academic Dishonesty
Academic
dishonesty policies of The George Washington University applicable to
the aforementioned schools previous to the time of the passage of this
Code of Academic Integrity are hereby repealed and are for all intents
and purposes null and void. The George Washington University Law School
maintains its own code of academic integrity and is excluded from this
Code.
Section 3: Interpretation
Conflicts
or questions about the Code of Academic Integrity (including its
interaction with other policies of the University) should be forwarded
to the Office of the Executive Vice President for Academic
Affairs. The Executive Vice President for Academic Affairs or a
designee shall be the final interpreter of the Code of Academic
Integrity.
Article II: Basic Considerations
Section 1: Definition of Academic Dishonesty
(a)
Academic dishonesty is defined as cheating of any kind, including
misrepresenting one's own work, taking credit for the work of others
without crediting them and without appropriate authorization, and the
fabrication of information.
(b) Common examples of academically dishonest behavior include, but are not limited to, the following:
1) Cheating -
intentionally using or attempting to use unauthorized materials,
information, or study aids in any academic exercise; copying from
another student's examination; submitting work for an in class
examination that has been prepared in advance; representing material
prepared by another as one's own work; submitting the same work in more
than one course without prior permission of both instructors; violating
rules governing administration of examinations; violating any rules
relating to academic conduct of a course or program.
2) Fabrication - intentional and unauthorized falsification or invention of any data, information, or citation in an academic exercise.
3) Plagiarism -
intentionally representing the words, ideas, or sequence of ideas of
another as one's own in any academic exercise; failure to attribute any
of the following: quotations, paraphrases, or borrowed information.
4) Falsification and forgery of University academic documents -
knowingly making a false statement, concealing material information, or
forging a University official's signature on any University academic
document or record. Such academic documents or records may include
transcripts, add drop forms, requests for advanced standing, requests
to register for graduate level courses, etc. (Falsification or forgery
of non academic University documents, such as financial aid forms,
shall be considered a violation of the non academic student
disciplinary code.)
5) Facilitating academic dishonesty - intentionally or knowingly helping or attempting to help another to commit an act of academic dishonesty. Section 2: Reportage
(a)
It is the moral responsibility but not the sanctioned obligation
(unless otherwise provided herein) of each member of The George
Washington University community to respond to suspected acts of
academic dishonesty by:
1) consulting the individual(s) thought to be involved and encouraging them to report it themselves, and/or
2) reporting it to the instructor involved, and/or
3) reporting it to the Academic Integrity Council. (b)
Reporting oneself after committing academic dishonesty is strongly
encouraged and may be considered in determining sanctions.
Section 3: Assignments and Examinations
(a) Instructors are solely responsible for establishing academic assignments and methods of examination.
(b)
Instructors are encouraged to provide to students clear
explanations of their expectations regarding the completion of
assignments and examinations, including permissible collaboration.
(c)
Instructors are encouraged to choose assignments and methods of
examination believed to promote academic honesty. Examples of these
include careful proctoring of examinations and the constant creation of
fresh exams. Collaborative projects and unproctored examinations do not
violate the promotion of academic integrity. When assigning
collaborative projects or using unproctored examinations, the
instructor should explicitly state the expectations of performance for
all participants.
(d) Instructors are encouraged to provide
opportunities for students to affirm their commitment to academic
integrity in various settings, including examinations and other
assignments. The following statement may be used for this purpose: "I,
(student's name), affirm that I have completed this
assignment/examination in accordance with the Code of Academic
Integrity."
Article III: The Academic Integrity Council
Section 1: Mission of the Academic Integrity Council
(a)
The Academic Integrity Council will be responsible for promoting
academic integrity and for administering all procedures in this Code.
(b)
Administrative and logistical support for the Academic Integrity
Council shall be provided by the Office of the Associate Vice President
for Academic Operations. The office shall be the repository for records
pertaining to the Code of Academic Integrity and Academic Integrity
Council.
Section 2: Composition of the Academic Integrity Council and the Hearing Panels
(a)
The Academic Integrity Council shall have members from each of
the participating schools. There will be six students and four faculty
members from the Columbian School of Arts and Sciences. There will be
four students and two faculty members from each of the following
schools: the Elliott School of International Affairs, the Graduate
School of Education and Human Development, the College of Professional
Studies, the School of Business, the School of Engineering and Applied
Science, the School of Public Health and Health Services, and the
programs of the School of Medicine and Health Sciences (except the
Doctor of Medicine program). The terms of all members shall be one
academic year. Members may reapply for additional terms. The process
for identifying and selecting candidates to serve on the Academic
Integrity Council shall be determined by the Implementation Team, as
described in Article V, Section 2.
(b)
At the beginning of each academic year, five presiding officers
will be elected by the full membership of the Council, from among the
student members, at a meeting convened by the Associate Vice President
for Academic Operations or a designee. Insofar as possible, these
Officers shall rotate responsibility for presiding over cases. The
presiding officer will have no vote in the deliberations on
establishing guilt or recommending a sanction at the hearing.
(c)
Hearing Panels selected from members of the Academic Integrity Council
shall adjudicate all cases arising under this Code. The Associate Vice
President for Academic Operations or a designee will select and convene
hearing panels as needed. A Hearing Panel shall be comprised of a
presiding officer, two student members and two faculty members. Two of
the members shall be from the home school of the respondent(s). One of
the members shall be from the home school of the course. Should
Academic Integrity Council members from the home schools of the
respondent and course be unavailable to adjudicate a case, the
Associate Vice President for Academic Operations or a designee may
appoint other Academic Integrity Council members as substitutes.
(d)
Cases arising in the summer may be adjudicated in the summer,
providing that members of the Academic Integrity Council are available.
Otherwise they will be adjudicated during the following academic year.
(e)
All members of the Academic Integrity Council shall participate
in training organized by the Associate Vice President for Academic Operations or a designee.
Section 3: Selection and Removal of Academic Integrity Council Members
(a)
During each spring semester, a Selection Committee will handle
the nomination, application and selection processes of the Academic
Integrity Council members who will serve in the next academic year.
This committee shall be convened by the Associate Vice President for
Academic Operations or a designee, and will be comprised of the following
members:
1) the Faculty Co Chair of the Joint Committee of Faculty and Students;
2) the Student Co Chair of the Joint Committee of Faculty and Students;
3) the Chair of the Faculty Senate Committee on Educational Policy;
4) the Chair of the Student Association Senate Academic Affairs Committee;
5) the Chair of the Faculty Senate Executive Committee or a designee;
6) the President of the Student Association or a designee. b) The following criteria shall be used in the selection of the student members:
1)
must be students registered for at least three credit hours in a
degree granting program of the School which they are representing;
2) must have made satisfactory academic progress and be in good academic standing;
3) may not have any disciplinary record or probation of any sort;
4) may not hold any position, either elected or appointed, in the Student Association. (c) The following criteria shall be used in the selection of the Faculty members:
1) must be full time faculty members in the School that they are representing;
2) may not be elected members of the Faculty Senate. d)
Members of the Academic Integrity Council who are charged with
any violation of this Code or the “Code of Student Conduct” shall be
suspended from participation during the pendency of the charges against
them. Members found guilty of any violation of this Code or the “Code
of Student Conduct” shall be disqualified from any further
participation in the Academic Integrity Council. Faculty members
involved in a pending case shall not participate on a Hearing Panel
during the pendency of the charge.
(e) The
Academic Integrity Council, by a two thirds vote of the membership, may
remove a member for non participation. Each Academic Integrity Council
shall, at the beginning of its term, define an expectation of
participation for its members.
(f) Vacancies, as they occur, shall be filled by the Selection Committee.
Section 4: Case Procedures
(a)
Charges involving violations of the Code of Academic Integrity
may be initiated by either faculty, students, librarians or
administrators. Any charges should be made as expeditiously as is
reasonably possible (normally within twelve working days except
in the summer or during academic breaks and holidays) from the
discovery of the infraction. Charges may be initiated as follows:
1)
A student may initiate a charge of academic dishonesty against another
student, by referring the case to the faculty member involved and/or to
the Academic Integrity Council. If the case is brought directly to the
Academic Integrity Council, for action by a Hearing Panel, then the
Associate Vice President for Academic Operations or a designee shall
promptly notify the instructor of the involved course.
2)
When a faculty member initiates a charge or is made aware of a
violation which the faculty member determines to be substantive, the
faculty member shall contact the Academic Integrity Office in order to
discover whether the student has ever been found guilty of a charge of
academic dishonesty.
i)
In first offense cases, the instructor shall either act directly,
in consultation with the Department Chair, or refer the case to the
Academic Integrity Council for action by a Hearing Panel. An instructor
who acts directly must present the student with specific charges and a
proposed sanction. Sanctions will be determined in accordance with
Article III, Section 5 and Article II, Section 2 of this Code.
ii)
If the faculty member acts directly then the accused
student shall have the right to appeal directly to the Academic
Integrity Council, for action by a Hearing Panel, should he or she
disagree with the validity of the charge or the appropriateness of the
sanction.
iii) Second offenses shall go directly to the Academic Integrity Council, for action by a Hearing Panel.
iv)
If a faculty member is made aware of a violation which the
faculty member determines not to be substantive, the faculty member
shall notify the complaining student promptly. 3)
All charges initiated by members of the
administration or librarians shall go directly to the Academic
Integrity Council, for action by a Hearing Panel. (b)
All actions, on any level, shall be recorded with the Office of
the Associate Vice President for Academic Operations. This includes cases
handled directly by instructors.
(c)
Deliberation of the hearing shall occur in two stages: the
establishment of guilt and the recommendation of sanction. To find a
respondent guilty, three quarters of the voting panel members must
agree. If the panel finds a respondent guilty, they shall also make a
recommendation of sanction. A sanction other than expulsion can be
recommended by three quarters of the voting panel members. A sanction
of expulsion can only be recommended by a unanimous vote of the voting
panel members.
(d) Reports of the Hearing
Panel shall include a finding of fact and a determination of the guilt
or innocence of the respondent. If the respondent is found guilty, then
the report will also include a recommendation of sanction. Sanctions
will be determined in accordance with Article III, Section 5 and Article II, Section 2
of this Code. This report shall be forwarded to the Executive Vice
President for Academic Affairs, who will review the report of the
Hearing Panel. If in the judgment of the Executive Vice President
for Academic Affairs the sanction recommended by the Panel is
significantly at variance with sanctions imposed in closely similar
cases, the Executive Vice President for Academic Affairs may revise the
sanction before notifying the respondent of the Hearing Panel's
decision of guilt or innocence and the decision as to sanction. The
complainant, appropriate Department Chair and Dean shall receive a copy
of the Hearing Panel's report and the Executive Vice President's
decision as to sanction.
(e) These proceedings
should be concluded as expeditiously as possible. The Hearing Panels
should strive to have proceedings concluded within seven weeks of the
report of the violation. However, failure to do so shall not constitute
improper procedure under the Code.
Section 5: Sanctions
(a)
The recommended minimum sanction in first offense cases shall be
failure of the assignment in question. The recommended minimum sanction
in repeat violation cases shall be failure of the course. For more
serious offenses sanction may be suspension from the University for a
specified, minimum time or expulsion from the University. Other
sanctions may be appropriate for particular cases.
(b)
Sanctions of suspension or expulsion, as a result of academic
dishonesty, may only be determined by a Hearing Panel.
(c)
Attempts to commit acts prohibited by this Code may be punished
to the same extent as completed violations.
(d)
Respondents found in violation of this Code may also be removed
from certain University programs, in accordance with the regulations
and bylaws of that program.
(e) All sanctions
except failure of the assignment in question shall be marked on the
respondent's permanent record (i.e., transcript) with the phrase
"Academic Dishonesty". In the case of failure of the course, the
notation shall remain on the transcript of the respondent for a minimum
of two years. In the case of suspension or expulsion, the notation
shall remain on the transcript of the respondent for a minimum of three
years. After the minimum time has elapsed, the respondent may petition
to the Executive Vice President for Academic Affairs for the removal of
the sanction notation from the transcript. This provision shall not,
however, prohibit any program, department, college or school of the
University from retaining records of violations and reporting
violations as required by their professional standards; the University
may retain, for appropriate administrative purposes, records of all
proceedings regarding violations of the Code of Academic Integrity.
Section 6: Hearing Panel Procedural Guidelines
(a)
All attendant procedures and records of the Academic Integrity
Council and its Hearing Panels, from the initial charge to the final
resolution, shall be strictly confidential.
(b)
Respondents and complainants shall be given notice of the hearing
date and the specific charges against them at least five calendar days
in advance and shall be accorded reasonable access to the case file,
which will be retained in the Academic Integrity Office. The
instructor of the involved course, appropriate academic Dean,
Department Chair and the Dean of Students shall also receive
notification of the pending charges within five calendar days of the
hearing.
(c) The presiding officer may request
the attendance of witnesses upon motion of any panel member, or of
either party. Only witnesses who can provide direct knowledge about the
given case shall be called. Requests must be approved by the Associate
Vice President for Academic Operations or a designee, and shall be
personally delivered or sent by certified mail, return receipt
requested. University students and employees are expected to comply
with such requests. Complainants and respondents shall be accorded an
opportunity to question those witnesses who testify for either party at
the hearing. Failure of witnesses to appear will not invalidate
the proceedings.
(d) Hearings will occur in
the absence of respondents who fail to appear after proper notice. In
this instance, complainants will still be required to present a case.
(e)
Hearings will be closed to the public, without exception.
Prospective witnesses, other than the complainant and respondent, shall
be excluded from the hearing during the testimony of other witnesses.
All parties and witnesses shall be excluded from Panel deliberations.
Both the complainant and the respondent may be accompanied by an
advisor. The role of these advisors shall be limited to consultation.
Under no circumstances are advisors permitted to address the Panel or
question witnesses. At the discretion of the presiding officer,
violations of this limitation will result in the advisor being ejected
from the hearing. The University retains the right to have legal
counsel present at any hearing.
(f) Hearings
shall be conducted in accordance with the investigatory model of
administrative hearings, in which the Hearing Panel assumes
responsibility for the questioning of witnesses and the eliciting of
relevant evidence. The purpose of the hearing is to establish the
facts. The burden of proof shall be upon the complainant, who must
establish the guilt of the respondent by a preponderance of the
evidence. "Preponderance of the evidence" is that evidence, which when
fairly considered, produces the stronger impression, has the greater
weight, and is more convincing as to its truth when weighed against the
evidence offered in opposition.
(g) Formal
rules of evidence shall not be applicable in proceedings conducted
pursuant to this Code. The presiding officer shall have the discretion
to admit all matters into evidence that reasonable persons would accept
as having probative value. Panel members may take into
consideration matters that would be within the general experience of
University students and faculty members.
(h)
The presiding officer shall exercise control over the proceedings
to achieve orderly and timely completion of the hearing. Any
person, including the complainant and respondent, who disrupts a
hearing may be excluded by the presiding officer. The presiding officer
shall direct the hearing through the following: statements from both
the complainant and respondent, questioning and cross examination of
witnesses by both the complainant and respondent, the questioning of
the complainant, respondent and any witnesses by panel members, and
concluding statements by the complainant and respondent.
(i) Hearings shall be tape recorded. These tapes will be retained for a period of three years.
(j)
Any party may challenge a panel member on the grounds of personal
bias. In such cases, panel members may be disqualified from the hearing
by the Associate Vice President for Academic Operations or a designee, or
upon majority vote of the remaining members of the Panel, conducted by
secret ballot.
(k) Witnesses shall be asked to
affirm that their testimony is truthful. False testimony will be
subject to charges of intentionally providing false information to the
University, pursuant to Part 11(f) of the “Code of Student Conduct”.
(l)
Affidavits shall only be admitted into evidence if signed by the
affiant and witnessed by the Associate Vice President for Academic Operations or a designee. An affiant who is unable to appear may
submit an affidavit which has been witnessed by a notary.
Section 7: Appeals
Appeals
of the decision of the Hearing Panel or of the sanction imposed by the
Executive Vice President for Academic Affairs shall only be based on
new evidence or evidence of bias. After a decision has been confirmed
by the Executive Vice President for Academic Affairs, either party may
file, within three working days, an intention to appeal with the
Academic Integrity Office. A petition of appeal must be filed
within five working days of the declaration of intention. Appeals
will be reviewed by the President of the University or a designee. The
President or a designee will then make a decision on the appeal, based
on the petition and the reports of the Hearing Panel and the Executive
Vice President for Academic Affairs.
Article IV: Amendments to the Code of Academic Integrity
Section 1: Amendments
(a)
Amendments to the Code of Academic Integrity shall be referred to
or initiated by either the Faculty Senate or the Student Association.
In order for an amendment to pass, both must approve the measure with a
simple majority vote.
(b) Amendments will then
be forwarded to the President of the University for confirmation and
submission to the Board of Trustees with the President's recommendation
for action.
Section 2: Reports and Reviews
(a)
The Office of the Associate Vice President for Academic Operations
shall make an annual report to the Academic Affairs Committee of the
Board of Trustees, Joint Committee of Faculty and Students, the Faculty
Senate Educational Policy Committee, the Student Association Senate
Academic Affairs Committee, and the Council of Deans on the work of the
Academic Integrity Council.
(b) The Academic
Integrity Council may, from time to time, make reports and
recommendations to the Faculty Senate, the Student Association Senate
or the Joint Committee of Faculty and Students about the state of the
Code of Academic Integrity.
(c) The Office of
the Associate Vice President for Academic Operations shall coordinate
with the Joint Committee of Faculty and Students to conduct a review of
the Code of Academic Integrity after its first year of operation, and
then at least once every five years after that.
Article V: Implementation
Section 1: Mission of the Implementation Team
(a)
The mission of the Implementation Team will be to plan for effective
implementation of the Honor Code and to ensure that appropriate,
adequate, and timely preparation is completed prior to the date of
implementation.
(b) The types of preparation essential to effective implementation include, but are not limited to the following:
1) publication and distribution of the Code itself;
2)
preparation of documents that relate the Code to
practical student and faculty experience and that provide both groups
with strategies for avoiding academic dishonesty;
3) inclusion of the Honor Code in the recruitment of prospective students and faculty;
4) planning for student, faculty, and graduate teaching assistant orientation, guidance and training;
5)
working out practical details of implementation not
explicitly covered in the Code, such as the organization of the Honor
Council, the process for identifying candidates for the Honor Council,
and the development of an application for Honor Council members;
6)
prepare a fuller listing of potential sanctions and
guidelines about the offenses for which they might be appropriate;
7) planning ways to maintain a high level of visibility for the Code;
8)
developing ways to educate faculty and students
about the importance of academic integrity and its impact on the
University. Section 2: Composition of the Implementation Team
(a)
The Implementation Team will be convened by the Associate Vice
President for Academic Affairs, upon adoption of the Honor Code.
(b) The Implementation Team will be comprised of the following members:
1) the Faculty Co-Chair of the Joint Committee of Faculty and Students;
2) the Student Co-Chair of the Joint Committee of Faculty and Students;
3) the Chair of the Faculty Senate Committee on Educational Policy;
4) the Chair of the Student Association Senate Academic Affairs Committee;
5) the Chair of the Faculty Senate Executive Committee or a designate;
6) the President of the Student Association or a designate;
7) the University's General Counsel or a designate;
8) the Dean of the Columbian School of Arts and Sciences or a designate;
9) the Dean of the Elliott School of International Affairs or a designate;
10) the Dean of the Graduate School of Education and Human Development or a designate;
11) the Dean of the School of Business or a designate;
12) the Dean of the School of Engineering and Applied Science or a designate;
13)
the Associate Dean of the Health Sciences Program in
the School of Medicine and Health Sciences or a designate;
14) the Dean of Students or a designate;
15)
any other members of the University the Associate
Vice President for Academic Affairs or a designate may deem necessary.
Approved by the Board of Trustees-- May 12, 1995
Privacy of Student Records
The following statement of policy and procedures has
been adopted in compliance with the provisions of the Family
Educational Rights and Privacy Act (FERPA) of 1974, as amended.
Students
of record in attendance at the University will receive notice of their
rights under FERPA by publication in the University Bulletin.
Student rights under FERPA are also published in the Office of the
Registrar web site at http://www.gwu.edu/~regweb/web-content/policies.html, which is reviewed annually and updated as necessary.
I. Right to Inspect and Review Student Education Records
Any
student, once enrolled at The George Washington University as a student
of record, shall have the right to inspect and review the student's
Education Records, as defined in FERPA, within 45 days of the day the
University receives a request for access. Students should submit
to the University Registrar, dean, head of the academic department, or
other appropriate official, written requests that identify the
record(s) they wish to inspect. The University official will make
arrangements for access and notify the student of the time and place
where the records may be inspected. If the records are not
maintained by the University official to whom the request was
submitted, that official shall advise the student of the correct
official to whom the request should be addressed.
FERPA
also excludes certain records from inspection and these records will
not be made available. The following records are specifically
excluded from inspection:
1. Financial records of parents.
2.
Confidential letters and statements of recommendation entered in
the education record after January 1, 1975, to which the student has
waived right of access.
3. Personal notes of institutional, supervisory and educational personnel.
4.
Campus law enforcement records, except reports of investigations
and incidents that have been forwarded for action or information to
other University officials.
5. Employee files, if the student is employed by the University.
6.
Medical, psychological counseling and psychiatric records, or
case notes maintained by appropriate professional personnel.
(Such records may however, be reviewed personally with an appropriate
professional of the student's choice.)
7.
Admissions record on file in other component units (of
the University) in which the student has not yet been enrolled.
II. Right to Request Amendment of Records
Any
student shall have the right to request the amendment of the student's
education records that are believed to be inaccurate or
misleading. They should:
1. Write the University official responsible for the record,
2. Clearly identify the part of the record they want to be changed, and
3. Specify why it is inaccurate or misleading.
Upon
receipt of a proper request for amendment, the University will make a
prompt determination within a reasonable time, but not more than thirty
days, as to whether the proposed correction is accepted or
rejected. The student will be notified in writing that the
amendment has occurred or that the request is denied. A letter
denying the request will state the reasons for the decision and notify
the student of the right to request a hearing. Additional
information regarding the hearing procedures will be provided to the
student when notified of the right to a hearing.
III. Right to Consent to Disclosure of Personally Identifiable Information from Student Records
Any
student has the right to consent to disclosures of personally
identifiable information contained in the student's education records,
except to the extent that FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is
disclosure to school officials with legitimate educational
interests. A school official is a person employed by the
University in an administrative, supervisory, academic, research or
support staff position (including law enforcement unit personnel and
health staff); a person or company with whom the University has
contracted (such as an attorney, auditor or collection agent); a person
serving on the Board of Trustees; or a student serving on an official
committee, such as a disciplinary or grievance committee or assisting
another school official in performing his or her tasks. A school
official has a legitimate educational interest if the official needs to
review an education record in order to fulfill his or her professional
responsibility.
Upon request, the University may disclose
education records without consent to officials of another school in
which a student seeks or intends to enroll.
The University may
release the following directory information upon request: name,
local address (including email), telephone numbers, likeness used in
University publications, photographs, name and address of emergency
contact, dates of attendance, school or division of enrollment,
enrollment status, field of study, credit hours earned, degrees earned,
honors received, participation in University recognized organizations
and activities (including intercollegiate athletics) and height, weight
and age of members of athletic teams.
Any student who does not
wish directory information released must file written notice to this
effect with the Office of the Registrar staff located in Colonial Central.
Absent a court order to
the contrary, the University is required to make a reasonable effort to
notify the student in the event of a subpoena of his or her educational
record or a judicial order requiring the release of such data.
IV. Right to File a Complaint
Each
student has the right to file a complaint with the Department of
Education concerning alleged failure by the University to comply with
the requirements of FERPA. Complaints should be filed in writing
to the following address:
Family Policy & Compliance Office
United States Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202 0498
University Policies Available On-Line
Please visit the following websites for additional information:
Collection of University Policies On Line
http://policy.gwu.edu
The Office of the Vice President and General Counsel
http://www.gwu.edu/~vpgc/
The University Police Department
http://gwired.gwu.edu/upd
The GWired Network
http://gwired.gwu.edu
A Final Word About Security
The University is located in one of the safest areas of
the city, but no campus is free of crime, whether it is urban,
suburban, or rural. All members of the University community
should therefore take reasonable precautions to protect themselves and
their property.
The University Police Department is an
accredited law enforcement agency that provides 24-hour police service
to the campus community and it enforces federal and local statutes as
well as GW regulations.
Community members, students, faculty,
staff, and guests are encouraged to report all criminal and public
safety related incidents to the University Police Department in a
timely manner. This can be accomplished by calling 994-6110 for
non-emergencies or 994-6111 in an emergency. The University
Police Department publishes a brochure titled “Pride in Protection and
Service” and sends a notice of availability of the brochure to all
registered students and all employees on an annual basis. There
are also other brochures available at UPD that provide security and
safety related information to increase your awareness.
Summary of Programs and Services offered by UPD
• Emergency Phones located in various areas throughout the campus.
•
Escort vans and shuttle buses are available to provide safe
escorts for students from 7 p.m. to 6 a.m. Students may be
escorted to and from campus within the three-block boundaries of the
escort service. For an escort or more information call (202)
994-RIDE.
• Crime prevention programs are
available to groups upon request. Topics range from general
crime prevention practices to sexual assault prevention.
•
Community Service Aides are on duty in several buildings on
campus to monitor access and provide additional “eyes and ears” for the
University Police Department.
• Sexual Assault
Crisis Consultation Team members are trained and prepared to assist the
survivor of sexual assault or rape 24 hours a day.
• Self-Defense classes are available to students and employees. Call (202) 994-6994 for dates and times.
GW
is committed to assisting all members of the GW community in providing
for their own safety and security. Information regarding campus
security and personal safety, including topics such as: crime
prevention, university police law enforcement authority, crime
reporting policies, crime statistics for the most recent three year
period, and disciplinary procedures is available by accessing our web
site at http://gwired.gwu.edu/upd or from the UPD at 2033 G Street, NW,
Woodhull House, Washington, DC, 20052 (202) 994-6948. |
