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

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 Law. 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

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.

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.

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/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 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 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 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 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 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 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 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 Associate Dean of Students or designee within five class days of receipt of the department chair's decision.

E.  The 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.  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 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 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 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 Associate Dean of Students or designee within five class days of the conclusion of the hearing. The 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 Senior Assistant 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 Studets or a 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 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 housing. 

b.        Physical Abuse:  One semester suspension and eviction from the residence halls and University-owned housing.

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 a 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 a designee to determine the viability of the s