Student Code of Conduct & Judicial Process

6.1 GENERAL REGULATIONS OF STUDENT CONDUCT AND DISCIPLINARY SANCTIONS

The following is a list of rights and responsibilities of the student body of Mississippi University for Women. Also contained herein are the sanctions that can be imposed as the result of an infraction.

6.1.1    Standards of Student Conduct

All students shall be free to exercise all constitutional rights guaranteed by the United States Constitution and the Constitution of the State of Mississippi. Nothing contained herein shall supplant, supersede, override, or infringe upon the authority of the aforementioned documents.

6.1.2    Student Rights and Responsibilities

Students at The W are members of a community designed to encourage academic excellence. The privilege of belonging to this community requires that students assume responsibility for themselves and others. Every student must respect the rights and privileges of others and federal, state, and local statutes. Upon enrollment at The W, students must assume the responsibility for being fully acquainted with published rules and regulations and for complying with them in the interest of an atmosphere conducive to the pursuit of knowledge. It is the responsibility of students to serve on University committees as appointed by University officials.

6.2 CODE OF CONDUCT

6.2.1    Authority

Section 615, of the Bylaws and Policies of the Board of Trustees of State Institutions of Higher Learning delegates to the President of Mississippi University for Women “full authority in all matters concerning student affairs.”  In accordance with this responsibility, the aim of disciplinary action is the redirection of student behavior toward the achievement of academic, community and student developmental goals. This Code of Conduct applies to all official university sanctioned activities including off campus programs.

The President has delegated this function to the Vice President for Student Affairs (VPSA) or designee(s).  It is the responsibility of the Vice President for Student Affairs or designee(s) to initiate, implement, and supervise the disciplinary process for students.

6.2.2    Expectations of Students

The W recognizes students as adults who are expected to obey the law and the rules and regulations of the University, to take personal responsibility for their conduct, to respect the rights of others, and to have regard for the preservation of state and University property, as well as the private property of others.

Students whose conduct, whether on or off-campus, threatens to cause disorder, public disturbances, danger to themselves or others, or property damage will be disciplined. The Code of Conduct applies to all students while present on campus or at a University facility. It further applies to all student conduct that occurs in connection with a University program or activity, regardless of the location.

6.2.3    Judicial Action

Those apprehended and determined responsible for violating the law or rules and regulations of the University may receive a maximum sanction of expulsion from the University. Further, the University reserves the right to take appropriate action, up to and including expulsion, when, in the University’s judgment, a student’s conduct off-campus and not connected to any University program or activity: (1) indicates that the student may pose a danger to him or herself or to others; or (2) the conduct has a negative impact on the University community or in the University’s mission.

6.2.4    Student Code of Conduct Violations

In order to protect the university community and the educational mission of the institution although not all inclusive, the following actions will subject the student(s) to disciplinary review and/or action:

Academic Misconduct

Dishonest academic behavior in any form or other misconduct in the academic setting. (See Section 1.13, Academic Dishonesty Policy)

Alcohol

Possession, distribution or use of alcoholic beverages on University-owned or controlled property or at a University-supervised activity. (See Section 7.6, Drug and Alcohol Policy)

Assault and Battery

Physical abuse to any person or the threat to offer corporal injury to another person by force, creating a fear of imminent danger.

Burglary

Unauthorized entry.

Disorderly Conduct

Public inconvenience, annoyance or alarm, or reckless creating a risk thereof, by engaging in fights, threats, or in violent behavior; or making unreasonable noise or offensively coarse utterance, gesture or display; or abusive language. This also includes indecent or obscene conduct or expression on University-controlled property.

Disruption of Activities

Intentionally disrupting or obstructing teaching, research, student proceedings, administrative proceedings, disciplinary proceeding, or any other institutional proceeding. It shall be unlawful for students to assemble on campus for the purpose of creating a riot, destruction, or disorderly diversion which interferes with the normal operation of the University.

Drugs

Possession, use, manufacture, sale, or distribution of drugs, drug paraphernalia or narcotics. This includes but is not limited to stimulants and depressants, sedatives, tranquilizers, hallucinogens, marijuana or other illegal substances on University-owned or controlled property or at a University-supervised activity. (See Section 7.6, Drug and Alcohol Policy)

Evidence of Felony

If there is evidence that a student has committed a felony and is a potential danger to the university community.

Explosive Devices

Possession or discharge of explosive devices of any kind is prohibited.

Failure to Comply/Disregard for University Authority

Failure to comply with directions of University officials acting in the performance of their duties, including failure of the student to respond to requests for conferences on matters pertaining to the student at the University. This may include requests by mail, telephone, messenger, or in person, or a failure to comply with guidelines and protocols related to health and safety (Ex: Covid-19 Campus Guidelines).

False Alarms and Arson

Misusing, tampering with, or otherwise disturbing without proper cause any fire safety and/or prevention or control equipment - including, but not limited to, thermal, smoke detectors or emergency fire alarms - in University buildings. The unauthorized possession, sale, furnishing, or use of any incendiary device shall be unlawful.

Fraud

Obtaining or attempting to obtain something of value, or preferential treatment through trickery, deceit, or threatening means. Furnishing false information to any representative of the institution in any way; misusing any University documents, records, or identification to forge, alter, lend, or sell with the intent to defraud; or passing a worthless check in payment to the University.

Gambling                                        

Encouraging, promoting, or participating in gambling on campus is prohibited.

Harassment

Conduct (physical, verbal, graphic, written, or electronic) that is (1) unwelcome; (2) discriminatory on the basis of race, color, ethnicity, national origin, sex, pregnancy, religion, disability, age, sexual orientation, gender identity, genetic information, veteran status or any other status protected by state or federal law; and (3) directed at an individual.

Harassment violates university policy when it is sufficiently severe, pervasive, or persistent that it denies or limits or is likely to deny or limit a reasonable ability to participate in or to realize the intended benefits of an institutional activity, opportunity, or resource.

Hazing

Any action taken or situation created by a person or organization, whether on or off campus, to produce mental or physical discomfort, embarrassment, harassment or ridicule. (See Section 3.8, Hazing Prevention)

Littering

Dispersing litter of any form onto University grounds or within University facilities.

Off-campus Misconduct

Off-campus misconduct can be the subject of an informal or conduct board hearing and disciplinary action.

Ordinances of Law

Any violation of civil or criminal ordinances or laws which brings into question the student’s integrity or brings discredit upon the university.

Noise

Unapproved use or moving of stationary sound systems, whether amplified or not, on campus that causes a disturbance to reasonable persons in the area, disrupts the academic, research or service activities or mission of the University.

Perjury                                                                                                                                                   

Failure to present factual or truthful testimony during an administrative hearing or conduct board hearing.

Prohibited Vehicles/Devices

The use of hoverboards (and similar vehicles/devices) is prohibited on campus, including campus buildings and campus grounds.  Hoverboards (and similar vehicles/devices) may not be stored or charged on campus.

Reckless Conduct

Conduct that creates a substantial risk to another.

Residence Hall Violations (See Section 10, Housing and Residence Life)

Sexual Harassment (See Section 8, Title IX Policy and Procedures)

Sexual Misconduct (See Section 8, Title IX Policy and Procedures)

Stalking

Conduct that reasonably causes another to fear their safety is at risk.

Student Organizational Violations

Any breach of university student organization policies.

Theft

Unauthorized use, taking, or withholding of anything of value belonging to another individual.

Traffic & Parking

Any violation of university rules and regulations regarding the operation and parking of motor vehicles. (See Section 4, Campus Safety, Police Department Regulations & Resources)

Threats

Threats of violence against another person or group.

Trespass

Unauthorized entry onto, or into, the property of others, including computers, computer accounts, and computer systems, and/or unauthorized possession of keys to University facilities.

Vandalism

Abuse, damage, destruction, or defacement of University, state, federal, public, or private property.

Violating University Policies

Violation of written University policies and/or rules and regulations relating to use of campus buildings and other University facilities or services that are disseminated to the campus community.

Weapons

Possession or discharge of any weapon, ammunition, explosives, or any other offensive weapon on University property or at events sponsored or supervised by the University or any recognized University organization. Weapons will include any item that is designed to replicate or simulate actual firearms or other weapons. (See Section 4.9, Firearms Policy).

6.3 STUDENT JUDICIAL PROCEDURES

6.3.1    Disciplinary Responsibility

The Vice President for Student Affairs (VPSA) or designee(s) is assigned the responsibility for disciplinary matters concerning the behavior of students, groups, and/or student organizations. When a disciplinary matter is reported to the VPSA office, it will be reviewed promptly. If there is a basis for charges, written notification will be sent to those involved outlining initiated proceedings. Disciplinary procedures are initiated by an official incident report, police report or valid complaint. The VPSA or designee(s) investigates to determine if there is sufficient cause to proceed with an intake meeting. Through the hearing process responsibility will be determined using the preponderance of evidence standard. This standard is satisfied if there is sufficient information to conclude that it is more likely than not that the alleged violation occurred.

6.3.1    Judicial Procedures

The W disciplinary proceedings may be initiated against a student whose alleged conduct violates both the criminal law and the Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal proceedings. At the discretion of the VPSA or designee(s), a proceeding under the Student Code of Conduct may be carried out before, simultaneously with, or following civil or criminal proceedings. Determinations made or sanctions imposed under the Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts were dismissed, reduced, or resolved in favor of or against the criminal defendant.

6.3.2    Intake Meeting

During the intake meeting, the VPSA or designee(s) will

1. Inform the responding party of the allegation(s)
2. Inform the student, group, or registered student organization about their rights to defend the allegations
3. Provide information about the hearing process and their appeal rights
4. Determine the resolution method (administrative agreement, informal hearing or conduct board hearing)
5. Take questions regarding the process

6.3.3    Resolution Methods

Resolution methods are intended to be educational and conducted in an atmosphere of fairness. Formal rules of process, procedure, and/or technical rules of evidence such as those applied in criminal or civil court are not used in the University conduct process. The purpose of the resolution methods is to reach a decision regarding the responding party’s responsibility for violation of University policy, to provide due process for the respondent, and to recommend a sanction. Such decisions may affect the respondent’s relationship to the University. 

Administrative Agreement

Some cases may be resolved through an administrative agreement between the respondent and the conduct officer. If all parties consent to this form of resolution, the respondent waives all right to appeal, and the outcome and sanctions assigned in an administrative agreement are final. If the parties do not consent on this form of resolution, the case will be forwarded to a hearing. If the report was submitted by the University, the VPSA/designee will proxy for the reporting party regarding the decision to consent to this resolution type.

Informal Hearing

An informal hearing is conducted by the VPSA or designee(s). Based on the information presented during the informal hearing, the VPSA or designee(s) may issue an appropriate sanction(s) as outlined in the Student Code of Conduct. See Hearing Procedures below for the hearing process.

Conduct Board Hearing

The VPSA or designee(s) may be assisted in the disciplinary proceedings by a Conduct Board. Each year, the VPSA or designee(s) will select 3 students, 3 faculty members, and 3 staff members to serve as members of the conduct board. The VPSA or designee(s) will select 1 member from the aforementioned groups (a maximum of 3) for a conduct board hearing. The VPSA or designee(s) will attempt to select a representative from each group i.e. faculty, staff, and students to serve on the panel for each hearing. Based on the information presented during the conduct board hearing, the panel will recommend appropriate sanction(s) as outlined in the Student Code of Conduct to the VPSA or designee(s). The VPSA or designee(s) will then notify the student, group, or registered student organization of the final sanctions. See Hearing Procedures below for the hearing process. 

6.3.4    Rights of Alleged Victim(s)

Alleged victims have the right to

1. Be kept informed throughout the process by the VPSA office.
2. Have an advisor at the informal or conduct board hearing.
3. Present witnesses and pertinent information for consideration.
4. Remain present throughout the hearing, excluding conduct board deliberations, unless the victim is to be called as a witness. If the victims is to serve as a witness, the victims will not be allowed to remain present during periods of questioning that may impede fair and objective response.
5. Submit, orally or in writing, a victim impact statement to the hearing officer(s) that may be considered for sanctioning only after responsibility has been determined.
6. Have past unrelated behavior excluded from any informal or conduct board hearing.
7. Be informed of the outcome of the hearing.

6.3.5    Hearing Procedures

Student Notification

1. The responding party shall be notified in writing of the allegations. The time, date, and location of the hearing will be outlined in the letter of notification. 
2. The letter of notification will include the following: 
   1. Responding party may bring witnesses to the hearing to present information on their behalf.
   2. Responding party may be accompanied by an advisor during any time they appear before the VPSA, designee(s), or conduct board.
      1. If the advisor is an attorney, the VPSA, designee(s), or conduct board must be notified 48 hours before to the meeting or hearing. 
      2. The advisor is not allowed to verbally participate in proceedings. The student, not the advisor, is responsible for presenting the case. Therefore, the advisor may not address the VPSA, designee(s), or conduct board members and/or speak during the proceedings.
   3. Responding party shall be permitted to question witnesses testifying at the hearing.  Questioning may be conducted indirectly through the VPSA, designee(s), or conduct board.
   4. Hearing shall be conducted in accordance with policy set forth in Hearing Outline.
   5. Link to the student handbook
   6. Failure to appear notice
3. The letter of notification may be hand delivered or sent to the university email address as recorded in the Office of the Registrar. In some circumstances, the student may request that the letter also be sent to an external email, which will be done as a Carbon Copy. The letter shall be sent at least three business days before the time designated for the students’, groups’, or registered student organizations’ appearance before the VPSA, designee(s), or conduct board, unless a shorter period of notification is agreed to by the student.                

Attendance

Attendance at an informal or conduct boarding hearing is limited to only those individuals directly involved or those requested by the VPSA or designee(s) and will be closed to the public. The confidentiality of all student cases should be maintained to the extent possible.

Failure to appear could result in further disciplinary action or a judicial hold being placed on the student account. Notification must be made in writing to the VPSA, designee(s), or conduct board at least 48 hours prior to the informal or conduct board hearing.

Hearing Outline

1. Rules and procedures for conducting disciplinary hearings are as follows:
   1. Call to order and introductions
   2. Purpose of hearing and acknowledgement of student rights
   3. Presentation of the alleged violation(s)
   4. Call for the plea of the respondent (Responsible, not responsible, or no plea)
   5. Information will be presented against the respondent, which may include testimony of witnesses and supporting information on the charges. The respondent may ask questions of these witnesses present or rebut any information presented.
      1. All witnesses will be called separately and may not hear each other’s testimony.
      2. Examination and questioning by hearing officer(s) will follow the presentation of the University’s information
   6. Response by the respondent, which may include testimony of witnesses and supporting information.
      1. All witnesses will be called separately and may not hear each other’s testimony.
      2. Examination and questioning by hearing officer(s) will follow the defense presentation of the respondent.
   7. Deliberation, decision, and sanction assignment
      1. A decision is reached by the hearing officer/body as to whether the responding party is responsible for the alleged violation(s).
         1. Deliberations will be closed to all except the members of the board; however, the University Counsel may assist the conduct board. 
         2. Deliberations may extend beyond the scheduled hearing date.
         3. In a conduct board hearing, the board will present a written finding and recommended sanction(s), if any, to the VPSA or designee(s).
      2. The VPSA or designee(s) has sole discretion in the application of sanctions
         1. After a conduct board hearing, the VPSA or designee will consider the recommended sanctions in the final determination of sanction(s).
      3. The VPSA or designee(s) will in turn inform the respondent, in writing, of the findings and sanction(s). 

Appeals:

The responding party can appeal the decision of a hearing in writing to the VPSA or designee(s) within five business days from the date of receiving notification. All appeals must be based on one or more of the followings factors: 1) An error in procedure, which prejudiced the process to the extent that the participant was denied a fundamentally fair hearing as a result. Procedural flaws alone are not grounds for an appeal. Significant procedural errors that may have affected the verdict or sanction will be considered. 2) The emergence of new evidence that could not have been previously discovered and that, had it been represented at the initial hearing, would have substantially affected the original decision of the hearing official or hearing body.

The student, group, or registered student organization must indicate in their correspondence to the VPSA the basis for the appeal. Based on the merit of the appeal, the VPSA will decide the appeal. The decisions of the VPSA or designee(s) shall be made in writing to the student, group, or registered student organization granting or denying their request. The decision of the VPSA or designee(s) is final, except in those cases where a student, group, or registered student organization receives expulsion as a sanction. Appeals will depend on the hearing officer and may be heard by the VPSA, designee(s), or by the President of the University.

6.3.7    Sanctions

Sanctions are designed to promote the University’s educational mission. More than one sanction or any combination of sanctions may be imposed for any single violation. Students who fail to complete assigned sanctions in the prescribed time may experience a judicial hold being placed on the student’s account. In addition to a judicial hold, students and organizations that fail to complete sanctions may be charged with Disregard for University Authority.

Expulsion from the University will be noted on a student’s academic transcript. Other sanctions will be noted within a student’s confidential conduct record maintained by the VPSA office. Student conduct records will not be disclosed to third parties except as required or permitted under law.

The sanctions presented in this list should not be considered an exhaustive list, as it may be enlarged or modified to meet the circumstances of a given case. Students, group or registered student organization found responsible for violating University policy, regulation, city, state or federal law, may receive one or more of the following sanctions:

Expulsion: permanent severance of the student from the University community without the possibility of readmission. Disciplinary/judicial expulsion will be notated on the student’s academic transcript.

Disciplinary suspension: separation of the student, group or registered student organization from the University for a period of time, after which the student, group or registered student organization is eligible to return. Conditions for the readmission may be specified. Disciplinary/judicial suspension will not be notated on student’s academic transcripts.

Temporary suspension:

Under ordinary circumstances, a student charged with a violation of University policy shall remain free to attend class and engage in all other University functions and activities while discipline charges are pending. However, prompt and decisive action may be taken by the VPSA or designee(s) in extreme cases before there is opportunity to conduct a hearing. This may include some or all of a student’s privileges being suspended on an interim basis pending the outcome of any University conduct process. This may happen if the VPSA determines that the responding party’s continued presence on campus or in certain activities constitutes immediate threat or injury to the well-being or property of members of the University community or to the property or the orderly functioning of the University. An interim suspension or withdrawal of privileges does not replace the regular University judicial process, which shall proceed in the normal course up to and through a University conduct hearing and appeal, if required.

Probation: a written notice to a student, group or registered student organization for violation of specified policies. Probation is for a defined period of time and includes the possibility of more severe sanctions if the student, group or registered student organization if found responsible for violating any University rules and regulations during the probationary period.

Restrictions: the withdraw of specified privileges for a defined period of time.

Reprimand: written statement of disapproval to the responding party that repetition of conduct found wrongful within a specific period of time may be cause for more severe disciplinary action.

Restitution: reasonable compensation for loss, damage or misappropriation. The monetary reimbursement can be part of, or in addition to, other disciplinary action. Restitution may take the form of community service, monetary compensation, or material replacement.

Residence hall probation: probation is for a defined period of time and includes the possibility of more severe sanctions if the student is found responsible for violating any University rules and regulations during the probationary period. Any further disciplinary violation may result in their removal from the residence halls.

Loss of residence hall privilege: Removal from university housing for disciplinary reasons.

Community service: assignments for the benefit of the University or community. This service can include but is not limited to the assignment of work hours, activity planning, program development, review of pertinent materials, or required attendance at a “help” agency.

Educational program: students, groups or registered student organizations may be required to complete an educational assignment directly related to the violation of the Student Code of Conduct committed.

Housing Reassignment: Reassignment of residence hall room due to a violation of housing rules and regulations

Loss of privileges: denial of specified privileges for a designated period of time. This may include, but is not limited to, loss of visitation rights, denial of participation in specific programs, denial of participation in University related organizations or groups, denial of the right to attend University sponsored events, and denial of access to campus resources or facilities.

Parental notification: Parents may be notified of violations of the alcohol and drug policies if the student is under the age of 21.

No contact order: no further communication (verbally, physical, or electronic) with a specific person for a specified period of time or throughout their matriculation at the university. This no contact order includes direct and indirect communication through electronic devices and other individuals.

Counseling consultation: Student may be required to attend sessions with a counselor for an assessment as deemed necessary.

Judicial Hold: If a student fails to appear in response to a notice of an intake meeting, a notice of hearing, or a notice to appear before any University hearing body or officer under another University conduct process, and/or if a student receives sanctions and has neglected to complete those sanctions, a hold may be placed on the student’s account. A hold restricts a student’s ability to conduct the following nonexclusive list of activities: register for classes, drop or add classes, and other administrative privileges. It is within the discretion of the Vice President for Student Affairs office, which places the hold, to determine under what circumstances a hold may or may not be released.

6.4 WITHDRAWAL FOR PSYCHOLOGICAL OR MEDICAL REASONS

The procedures for involuntary withdrawal are meant to be used only after attempts to secure voluntary cooperation for a psychological evaluation or withdrawal have been exhausted, and will be used only after thoughtful consideration.

Involuntary Withdrawal

MUW is committed to the well-being of every member of the campus community. Therefore, a student may be involuntarily withdrawn from the University if it is determined a student’s behavior is imminently harmful to others, fails to meet reasonable institutional standards of conduct, and demonstrates a serious concern about the student’s appreciation of the nature and quality of the behavior(s). The standard for involuntary withdrawal is clear and convincing evidence that the student represents a danger to others.

A decision of involuntary withdrawal will only be made after less extraordinary measures have been apply and failed, considered and rejected, or deemed inadequate given the situation. Prior to an involuntary withdrawal, the student will be encouraged to voluntarily withdraw. This policy does not take the place of disciplinary action for a student’s violations of University policy and may not be used simply because a student exhibits eccentric or unusual behavior.

Procedure

1. Withdrawals will be initiated on the recommendation of professional staff (physician, clinical psychologist, counseling psychologist, or other appropriate staff) or the Behavioral Intervention Team (BIT). Decisions to withdraw will be forwarded to the VPSA for final approval. (For more information on the BIT, see Section 9)
2. Prior to involuntarily withdrawing a student, BIT may require that the student undergo a mandatory assessment. The evaluation will not be required if BIT believes that such an assessment will not be helpful in arriving at a decision.
3. A student who is being considered for involuntary withdrawal shall be notified in writing by the VPSA office. If the student would like to appear before the BIT team, the student must request that in writing within 48 hours of the initial notification.
4. If a decision is made to involuntarily withdraw a student from the University, the VPSA office shall immediately make notifications of the decision (Ex: Academic affairs, registrar, financial aid, police, etc.). Furthermore, on and off campus notification of the action may be necessary if it is determined by BIT that such notification is needed to protect the health and/or safety of either the student or third parties

Removal from Residence Halls

Students may be removed from the residence halls for psychological reasons if their behavior seriously interferes with the living environment of the other students in the residence halls but is not severe enough to warrant a student being required to take a mandatory leave of absence from the university. A representative of the Vice President for Student Affairs will enlist the university’s Behavioral Intervention Team and/or The W’s Counseling Center staff to assist in making decisions about requiring students to take a leave of absence from the residence halls.

A student may appeal a removal from the residence halls by presenting their case to the Vice President for Student Affairs. A student will be given an opportunity to examine the evaluation and discuss it with a university representative before a final determination is made.

   Readmission

1. Readmission requests from those withdrawn under this procedure will be referred to the VPSA for review. Reviews will draw upon resources outside the university for statements on treatment and prognosis, and will be considered by the Behavioral Intervention Team, as needed.
2. All decisions will be made on a professional and confidential basis and will include the consideration of the nature of the withdrawal, the availability of treatment outside the institution, the availability of parental or guardian supervision, and the welfare of the individual as it relates to the welfare of the institution
3. BIT may impose reasonable conditions upon students who are readmitted after being involuntarily withdrawn. Failure to comply with conditions may result in the student being withdrawn from the University immediately.

Voluntary Leave of Absence/Voluntary Withdrawal

A student may also petition the Vice President for Student Affairs to receive a voluntary withdrawal or leave of absence for psychological or medical reasons. The request may or may not be granted, based on the circumstances of the request and appropriate documentation provided by The W’s Counseling Center staff, licensed counselor, psychiatrist, licensed psychologist, or physician.