The Saint Augustine’s University (SAU) reserves the right to take necessary and
appropriate action to protect the safety and well-being of Saint Augustine’s
University students, faculty, and staff and University property. The University’s
jurisdiction in the administration of the Code of Conduct applies to all enrolled
part time, full time students while they are on premises owned, rented or
leased by Saint Augustine’s University, on streets running through or adjacent
to the campus, in off-campus facilities occupied by students by virtue of their
association with an organization recognized by Saint Augustine’s University or
while on University-sponsored events. Disciplinary action may be taken against
a student for off-campus conduct that seriously threatens the safety and well
being of other Saint Augustine’s University students, faculty, or staff or property,
as determined by University officials (President, Vice Presidents, administrators,
Campus Police, faculty or staff), when the conduct impairs, interferes with, or
obstructs any activity or the mission, processes, and functions of the University.
In the case of University-sponsored off-camps events, conduct related incidents
will be treated as if the event took place on campus and thus are governed by
the Student Code of Student Conduct. A violation of the Code of Conduct may
result in criminal or civil charges as well as University judicial action. Unless
otherwise provided by law, University judicial and court proceedings may occur
concurrently. Students are subject to disciplinary action, up to and including
expulsion for violations of the Student Code of Conduct.
Saint Augustine’s University students, full and part-time, are expected to adhere
to the established Code of Conduct that governs this institution. Should a student
engage in any activity, on or off the University campus that results in the filing
of criminal charges, a full disclosure of the incident must be made to the Judicial
Administrator within 48 hours. Failure to disclose the information may result in
additional sanctions being imposed. The Judicial Administrator will determine
whether the offense warrants an official Administrative Hearing or one with the
Judicial Hearing Board. The office is currently located in 204A Hunter Building.
The Judicial Board may propose changes to the Student Code of Conduct at any
time. In addition, the Judicial Board shall participate in the bi-annual review of
the Student Code of Conduct and make recommendations to the Vice President
for the Division of Student Development and Services regarding omissions,
clarifications, constructive changes, and other matters germane to the proper
interpretation and operation of the Code. Proposed amendments shall be
reviewed by the University Judicial Committee and then submitted to the
Vice President for the Division of Student Development and Services, who will
coordinate an extensive review of the amendments. The review shall include,
but not be limited to, consultation with the Student Government Association,
the University’s legal advisor, and other appropriate bodies. The Vice President
for the Division of Student Development and Services submits recommendations
to the Saint Augustine’s University President for action.
Ultimate authority for student discipline is vested in the President. The Vice
President for the Division of Student Development and Services is the person
designated by the President to be responsible for the administration of the
Student Code of Conduct. Discipline authority may be delegated to University
officials and committees as set forth in this Code, in accordance with other
University policies, rules, or regulations and as deemed appropriate by the Vice
President for the Division of Student Development and Services.
The Student Code of Conduct is intended to give students general notice of
prohibited conduct. The Student Code of Conduct should be read broadly and is
not designed to define misconduct in exhaustive terms.
The focus of inquiry in disciplinary proceedings shall determine whether or not
the accused student has violated the Student Code of Conduct, as proven by a
preponderance of the evidence (which would lead a person to conclude that it
is more likely than not that the conduct in question did occur). Formal rules of
evidence shall not be applicable, nor shall deviations from prescribed procedures
necessarily invalidate a decision or proceeding, unless significant prejudice to a
student respondent or the University may result.
Students may be accountable to both civil authorities and to the University for
their conduct. When attending the Saint Augustine’s University, students are
expected to obey applicable federal, state and local laws. A student is also
expected to obey the rules and regulations in the Student Code of Conduct
and other University policies. Disciplinary action at the University will normally
proceed despite the pendency of criminal proceedings. Disciplinary action under
this Student Code of Conduct is not subject to challenge on the grounds that
criminal charges involving the same incident have been dismissed or reduced.
The Dean of Students is appointed by the Vice President for the Division of
Student Development and Services and is responsible for the administration of the
Saint Augustine’s University Judicial System. The Dean of Students is not a
voting member of the Judicial Board. During hearings, the Dean of Students
may raise questions or provide expert advice on procedural matters for the
purpose of clarity on issues relevant to the Code. The Dean of Students may
adjudicate any case, provided the complainant and the accused student agree
to the adjudication. In addition, the Dean of Students is responsible for
having notice of complaints or charges served, scheduling hearings, maintaining
files and/or records of judicial matters and maintaining order at hearings of
the Judicial Board. The Dean of Students, after receiving the Board’s
recommendations, will review the related hearing records and write the final
official University decision. The Dean of Students may also refer notice
and/or evidence of any act, which allegedly violates federal, state, or local laws
to appropriate law enforcement or civic authorities. The Chief of Campus Police
shall inform the Vice President for the Division of Student Development and
Services of the referral of any student for an alleged violation of any federal,
state or local law.
A copy of the complaint shall be served in person or by certified mail upon
each accused student by an appropriate University administrator or official, as
expeditiously as possible, usually within seven (7) days, to include Saturday and
Sunday, after the complaint is received by the Judicial Administrator. A written
record shall be made of the fact and date of service.
This procedure is implemented by the Office of Student Development and Services,
Judicial Administrator, or his or her delegate and is generally reserved for first
and less serious violations. It is employed when a violation arises out of a dispute
between a charged student and another party or parties. The goal is to design a
mechanism to resolve the dispute and to prevent it from reoccurring. In cases where
expulsion or suspension from the University is not contemplated as a sanction, and
where there are no pending charges in any criminal court, the parties involved
in an alleged violation of the Code of Conduct may agree to enter into a formal
mediation process through the Office of Campus Mediation Services. (In cases
where there is no agreement among the parties about seeking mediation, formal
disciplinary procedures will be employed.) The results of a mediation conference do
not become part of a student’s official disciplinary record, but a record is kept of the findings and agreements reached. If the mediation agreement is violated judicial
proceedings will be initiated by the Judicial Administrator.
The Judicial Administrator may conduct an investigation to determine if the
complaint has any merit and/or to determine if it can be resolved administratively
by the written mutual consent of the parties involved on a basis acceptable to
the Judicial Administrator. Such disposition is final, and there are no subsequent
proceedings. If the complaint cannot be resolved by mutual consent, the case shall
be presented to the Judicial Board for a hearing. Complaints involving criminal
violations will be given to Campus Police for an investigation and processing.
In all cases where the Judicial Board considers if a student’s conduct has violated
the Code, a quorum of five (5) members must be present. To find an accused
student responsible or not responsible, following deliberations, the Judicial Board
members will vote (the Judicial Administrator does not vote). A simple majority
of the members present shall be required to find an accused student responsible
of Code violations.
The chairperson of the Judicial Board is responsible for conducting the hearing
and controlling the order of proceedings. All persons involved in a hearing are
expected to maintain the confidentiality of information disclosed during the
hearing. All hearings shall be closed unless designated by the chairperson.
In all proceedings, under the Student Code of Conduct, the accused student is
presumed innocent until a violation of the Student Code of Conduct is proved by
a preponderance of the evidence. The burden of proof rests on the complainant.
The accused student and the complainant may attend the Judicial Board hearing,
either in person or by telephone. The accused student and complainant may
present his or her version of the facts through oral and written statements,
including those of witnesses, and may hear all evidence presented.
All hearings are closed to anyone other than those persons directly involved
(the complainant, the accused, advisors, and witnesses), unless the Judicial
Administrator determines otherwise.
The complainant has the burden of proof to establish responsibility (by
a preponderance of the evidence) of the accused. The accused should be prepared
to respond to charges and evidence presented against him/her with documents
and/or witnesses, as appropriate.
The accused student and complainant may be assisted at the hearing by an
advisor of his/her choice. Except in cases where the accused student is subject
to pending criminal charges, which arise from the same conduct for which the
Student Code of Conduct complaint is filed, only non-lawyer members of the
University community are eligible to serve as an advisor. In cases where the
accused student is subject to pending criminal charges, the accused student
may consult with his or her lawyer in order to safeguard the student’s Fifth
Amendment right against self-incrimination. In all cases, the advisor (or lawyer
as permitted above) plays a limited role and will not be permitted to present
evidence, testimony or argument, cross-examine witnesses, nor in any way
interfere with the proceedings. The advisor may not be a witness or a charged
student in the same alleged misconduct/incident. The advisor may address
the Judicial Board only at the request of the Judicial Board or the Judicial
Persons and representatives who participate in disciplinary hearings shall not:
1. Engage in conduct to disrupt a hearing
2. Attempt to improperly influence the Judicial Administrator, or any
member of a judicial board
3. Fail to obey a reasonably definite and specific order by a presiding officer
4. Knowingly offer false evidence, falsify evidence, counsel or induce
witnesses to testify falsely, or offer improper inducements to testify.
Representatives found responsible for violations of the provisions of this section
of the Code may be suspended from the privilege of representation.
The accused and complainant may call all persons with direct knowledge of
the incident to appear as witnesses. However, the Judicial Board may limit the
number of witnesses, when it is apparent that all witnesses are giving the same
testimony. Persons accused of the same violation of the Code may appear as
witnesses for each other. Those persons attesting to character, alone, are not
allowed to serve as witnesses. Character witnesses may give statements as to
the character of accused students, after the Judicial Board has heard testimony
relevant to the hearing.
The technical rules of evidence do not apply in Judicial Board hearings. The
Judicial Board may consider any evidence, including hearsay evidence that it
determines is probative, relevant or material to the case. It may exclude evidence that is irrelevant, immaterial or repetitious. In the absence of the investigating
officer, any member of the Campus Police may present a case on behalf of the
A one-time request for postponement by either the accused student or the
complainant may be granted when the Judicial Administrator determines that
there is a compelling reason for the delay. The Judicial Administrator will set
a new date for the hearing and notify all parties involved in writing. Further
requests for postponement do not have to be considered and a hearing may be
held in the absence of the accused student or complainant.
In situations in which a student has more than one judicial hearing pending, the
cases may be consolidated at the discretion of the Judicial Board and considered
together at a single hearing.
A tape recording will be made of each hearing. If a recording malfunction
occurs, the Board shall include a summary of the testimony sufficiently detailed
to permit review on appeal. All records of the hearing, including evidence
presented, are the property of Saint Augustine’s University and may be disclosed
as permitted by law.
An accused student may obtain a copy of the taped proceedings for a fee.
Forms can be obtained from the Office of the Judicial Administrator. Cash is not
acceptable, checks or money orders are to be made payable to Saint Augustine’s
University. Once the form and the designated payment are presented to the
office, it will take 5-7 business days for the tapes to be copied.
As permitted by law, the charged student(s) and complainant(s) may have
reasonable access to all of the relevant case records that are maintained by
the Judicial Administrator, prior to the hearing. The records and/or documents
prepared by the Judicial Administrator and submitted during the hearing, as
well as the statements given, will constitute the record of the Board or the
The Judicial Administrator shall maintain judicial records and a disciplinary
tracking system, which shall include, but not be limited to, the accused student’s name and related information, description of the incident, parties involved,
Code violations, sanctions and other data deemed relevant by the Judicial
Administrator. Such information shall be maintained in accordance with the
provisions of the Federal Educational Rights and Privacy Act. Disciplinary records
shall be made available to judicial bodies and University officials designated in
the Code, as necessary.
Students may arrange to review their own disciplinary records by contacting
the Office of the Vice President for the Division of Student Development and
Services. Except as provided in the Student Code or pursuant to a lawfully issued
subpoena, the University shall not communicate a student’s disciplinary record
and related information to any person or agency without the prior written
consent of the student.
Upon graduation, the student’s confidential record may be expunged of
disciplinary actions, other than Disciplinary Suspension or Dismissal, upon
application to the Vice President for the Division of Student Development and
Services. Otherwise, the confidential record will be retained for a period of
seven years after the student’s date of graduation. Cases involving Disciplinary
Suspension or Dismissal will be retained permanently and may only be expunged
upon successful application to the Vice President for the Division of Student
Development and Services.
t is important that the accused have an understanding of the judicial proceedings,
before entering his/her plea. During the hearing process, the accused will be
asked to enter his/her plea as “Responsible,” or “Not Responsible.”
Entering a plea of “Responsible,” the accused waives his/her right to present
testimony in defense of the charges. Waiving his/her right to a hearing does not
mean that the accused will receive more lenient discipline. The accused will be
disciplined in accordance with the Code of Conduct, including but not limited
to suspension and/or expulsion from the University. In waiving his/her right to
a hearing, the accused will have an opportunity to present an oral statement to
the Board, regarding factors that mitigate disciplinary action.
After reading the charges, the accused will be asked to enter a plea. Upon
entering the plea of “responsible,” the Board will ask the accused for final
statements and hear from character witnesses. Following the statements from
character witnesses, the accused will be dismissed from the proceedings while
the Board deliberates to determine the appropriate sanction(s).
Entering a plea of “Not Responsible,” the accused along with the complainant,
as provided in the Code, may give testimony and question witnesses. After hearing all witnesses, including character witnesses, the Board will ask the accused
and complainant for final statements. Following the statements, the accused,
complainant and witnesses will be dismissed from the proceedings (but shall remain
in the immediate area of the hearing, should the Board decide to recall someone
to clarify a point of testimony) while the Board deliberates. The accused and
complainant will receive written notification of the sanction(s) as provided in the
All charged students have a right to a judicial hearing, before the Judicial Board to
determine whether they are responsible or not responsible of the charge(s) filed.
Charged students also have a right to waive their right to a judicial hearing and
plead responsible, by completing the “Waiver of the Right to a Campus Hearing”
form. Students, who waive their right to a hearing and plead responsible, will be
disciplined in accordance with the Code of Conduct, including but not limited to
suspension and/or expulsion from the University. Waiving the right to a hearing
and pleading responsible does not mean that a student will receive a more lenient
The complainant/victim is entitled to:
1. An advocate present during the hearing process
2. A timely hearing;
3. Be present during the entire hearing
4. In the event the case involves a sexual violation, the victim has the right to have
her/his sexual history kept private.
The accused is entitled to:
1. Be presumed innocent until proven responsible
2. Be present at the hearing and hear all testimony presented. If a student, who
has been properly notified, fails to appear at the scheduled date, time, and place
for the hearing, the Board may proceed with the case and make its findings in
the student’s absence
3. Be provided, prior to the hearing, with the names of witnesses whom the Judicial
Administrator has asked to appear at the hearing
4. Question witnesses in accordance with the rules
5. Present evidence in accordance with the rules
6. Remain silent or testify during the formal hearing (Silence will not be used
against the accused in any way)
7. Know that a written (taped) record of the hearing is being maintained
8. Know that the hearing is closed; 9. Accept or deny responsibility to the charges
10. The right to consult with counsel of choice
11. The right to appeal a sanction(s) rendered by the Judicial Board, or the Judicial
Administrator, under the provisions for filing appeals,
12. A decision by the Board based solely on a preponderance of the evidence
presented during the hearing.
After deliberating, the Board will promptly notify the Judicial Administrator, in
writing, of its findings as to whether the accused student violated the Student Code
of Conduct. The Board may take into consideration prior findings of Code violations
when determining sanctions. The Judicial Board will recommend disciplinary
action for any violations of the Code to the Judicial Administrator. The Judicial
Administrator, after receiving the Board’s recommendations, will review the related
hearing records, and write the final and official University decision. The Judicial
Administrator will notify the accused student within three (3) days (to include
Saturday and Sunday) in writing of his/her final decision, including any findings
as to whether the accused student violated the student Code of Conduct and any
disciplinary action imposed. The Judicial Administrator’s decision will be delivered
by a member of the Campus Police. Information about the Judicial Administrator’s
final decision and any disciplinary action taken may be disclosed to the complainant
and to third parties, as permitted by law.
The Vice President for the Division of Student Development and Services shall
notify the Office of the Registrar, and other appropriate administrative offices, if a
judicial finding results in a sanction, restricting a student from being enrolled at the
University, withholding grades, official transcripts or a degree, during the period in
which the sanction is imposed.
All parties giving testimony (accused, witnesses, and/or complainant) before the
Board are advised that self-incriminating testimony (admitting to or acknowledging
a crime or a violation of the Code) can be used to file charges against them at a later
If the accused student does not appear (personally or by telephone) without
satisfactory explanation of the absence, or should the accused student leave a
hearing that has already commenced, the hearing shall proceed without the accused
student, and the Judicial Board may render a decision, based upon the available
evidence, and forward it to the Judicial Administrator.
The rules of Practice and Procedure are general guidelines to be utilized by the
Judicial Board. Said rules are not subject to amendment without the approval of
the Vice President for the Division of Student Development and Services. However,
the Judicial Administrator may include such additional guidelines that will amplify
or clarify these rules, or that facilitate their implementation, provided that such
guidelines do not deny the guarantee of due process specified or explicit in these
Rules. Such guidelines shall be stated in writing by the Judicial Administrator.
President’s Right of Summary Suspension
Subject to prompt review, the President, or her designee, may summarily suspend
a student from the University for a period of up to five (5) business days, when
in his or her judgment, such action is to protect the safety and well-being of the
University, University property, and/or any member of the University community.
When a summary suspension is imposed, a Judicial Board hearing will be
convened by the fourth-working day of the suspension, to determine whether the
suspended student violated the Student Code of Conduct and, if so, to determine
whether to discipline the student for the violation. If the suspended student
seeks a postponement of the hearing date and the request for a postponement is
granted, the suspension will remain in effect until the new hearing date.
A summary suspension requires that a student immediately leave the campus.
During the summary suspension, students shall be denied access to the residence
halls, all campus facilities, and University classes, on or off campus University activities
or privileges for which the student might otherwise be eligible. Should a student
return to campus during the summary suspension period, or engage in a University
sponsored activity/event, without written permission from the Vice President for the
Division of Student Development and Services, he/she shall be sited for trespass and
shall be subject to further disciplinary action, arrest, and/or criminal prosecution.
Until and unless a student, who was summarily suspended, is found to have
violated the Student Code of Conduct after a hearing, his or her status as a
student of the Saint Augustine’s University shall not be altered. If the suspension
is not upheld after the Judicial Board hearing process, the student who was
summarily suspended will be excused from classes that were missed because of
the suspension, and allowed a reasonable time to make-up academic work that
was missed or impacted by the suspension.
Any student or person who has received a determination from the campus (Judicial)
Hearing Board can appeal the decision.
The student must appeal on at least one of four separate grounds. It is essential
that the student describe in detail his/her arguments with respect to the
grounds for appeal.
To file an appeal, the student must deliver to the Judicial Administrator a
typed letter addressed to the Vice President for Division of Student Development
and Services within three (3) business days subsequent to receiving
notice of the outcome from the Judicial Administrator. The letter should be
concise regarding reasons for the appeal. This letter will be forwarded by the
Judicial Administrator to the Vice President with a suggestion on acceptability.
The Vice President for Division of Student Development and Services will
review the notice of charges, the appeal letter, the hearing record and the
Judicial Administrator’s recommendation and will then determine whether
the appeal meets the required criteria to be heard by the appointed Appeals
Board. Should the appeal meet the criteria, the Appeals Board will review
the case and render a decision. Failure to appeal within the allotted time will
render the original decision final.
The decision rendered may be:
A decision will be rendered within five (5) days of the Appeals Board receiving
the necessary documentation.
The University’s judicial process during summer school sessions shall function
in each instance in the same manner as authorized for the regular school year.
Temporary Judicial Board members may be drafted for summer hearings. The
incumbent Student Government Association administration may recommend
student representatives, from qualified students who are enrolled in summer school. The authority of the summer school judiciary commences with
the opening of the summer school session. Faculty representatives will be
appointed from the summer school faculty. Appeals shall be handled in the
same manner as prescribed during the regular school year.
Students who are suspended or expelled from the University for disciplinary
reasons shall not be entitled to any refund of tuition or fees. Similarly, students
whose housing or boarding contracts are terminated for disciplinary reasons
shall not be eligible for refunds.
Students who are suspended must apply to the Judicial Administrator in writing
for readmission after the period of suspension. Request for Readmission
forms can be obtained from the Office of the Registrar and must accompany
the written request for readmission. All conditions/sanctions associated
with a judicial suspension, must be satisfied prior to making the request for
readmission. A suspended student will be considered for readmission only after
filing the Request for Readmission Form, with all supporting documents, i.e.,
(medical clearance form/release, etc).
Should an accused student be academically dismissed or leave the University
voluntarily, before pending disciplinary charges have been resolved, the Judicial
Administrator may proceed at his discretion with the judicial process (case) in
the absence of the student as outlined in the Code. An accused student, who
withdraws from the University with a case pending, will not be readmitted to
the University, until such time as his or her case has been judicially processed
and resolved. The Judicial Administrator will place a disciplinary hold (academic
flag) on the student’s record, which will prevent reinstatement (selection of
classes and registration) of that student until the case has been adjudicated.
Authorized University employees may search premises occupied by students
and their personal possessions with prior authorization from the Vice President
for the Division of Student Development and Services, or his designee. The
Vice President, or his designee, will authorize a search only upon a showing
of reasonable grounds to believe that the search will reveal evidence of
a Code of Conduct violation. Employees who need to enter a room during
the performance of their duties will knock and identify themselves. If there
is no response, a passkey will be used to enter the room. For purposes of
this provision, premises occupied by students include, but are not limited to, University owned or controlled property and residences, student vehicles,
personal property, backpacks, workstations, or any other space occupied by a
student on a University sponsored trip or activity.
Contraband items, for example, those prohibited by law or University policy, in
clear view may be confiscated by the University employee and used as evidence
in a disciplinary proceeding. Such items will not be returned to students.
The following conduct is prohibited by Saint Augustine’s University and
subject to disciplinary action in accordance with the Student Code of Conduct.
Attempts to commit acts prohibited by this Code shall be punished to the same
extent as completed acts. Students and student organizations are responsible
for the conduct of their guest(s) on, or in University property and at functions
sponsored by the University, and may be disciplined for a guest’s violation of
this Student Code of Conduct. Pursuant to the University’s parental notification
policy, parents or guardians will be notified when students under the age of
eighteen (18) receive disciplinary sanctions for abuse and/or misuse of alcohol,
and drugs, or for arrest.
1. Tampering with Safety Equipment
Tampering with safety equipment, i.e., fire extinguishers, blue light
safety telephones, detection equipment, or the inappropriate use of or
possession of safety equipment on property owned or controlled by the
2. Tampering with University Equipment
Tampering with and/or disabling any security camera, elevator, wiring,
plumbing, telephone or computer line or system, or other University
equipment so as to endanger oneself or others.
3. Computer Misuse and Dishonesty
The University considers any misuse of its computer systems to be a
serious offense. A student may not attempt to degrade the performance
of the computer systems, to seek to penetrate its security, or in any way
deprive other users of resources or access to the computer systems.
Violations may include, but are not limited to, (a) using a computer
account belonging to another individual without the permission of
that individual; (b) tampering with the operation of the University’s
computer systems including both equipment and programs; (c) using the
systems for commercial or other unauthorized purposes; (d) inspecting,
modifying or copying programs or data without authorization from the
owner; and (e) using the University’s computer systems to send abusive,
obscene, or harassing communications.
4. Rioting, Breach of the Peace
Any student convicted in any state or federal court, or found responsible
by a preponderance of the evidence, during a judicial hearing, of rioting,
assault, theft, vandalism, arson, or breach of the peace, providing such
misconduct was related directly or indirectly to University sponsored
activities, including athletic events, will be suspended or expelled from
5. Forgery, Fraud, and Dishonesty
Student may not knowingly providing false or misleading identification
or information, written or oral, in a manner which has the intent or
effect of deceiving authorized University personnel, including members
of judicial hearing panels; knowingly making false charges under the
Judicial Code or of altering or falsifying official institutional records.
Misrepresentation of oneself or of an organization will also be
considered a violation of this section.
6. Discriminatory Conduct
Engaging in acts of violence, verbal or physical behavior directed at
an individual or group that has as its purpose subordination based on
race, color, creed, disability, marital status, national origin, sex or sexual
orientation; creation of an intimidating or demeaning environment
that impedes health, safety or access of other students, faculty and staff
to the educational benefits available from or through the University is
prohibited. If anyone feels that he/she has been discriminated against
by a student, or a faculty or staff member, he/she should contact the
Office of Human Resources.
7. Violence to Persons
The University will not tolerate acts of violence to other persons by
individuals or groups. Acts of violence include, but are not limited to
assault, battery, and/or actions in reckless disregard of human life and
safety. Assault includes, but is not limited to, verbal or written acts which
place a person in personal fear or which have the effect of harassing or
intimidating a person. Battery includes, but is not limited to, fighting
and/or the unauthorized touching of another person.
8. Theft, Vandalism, Destruction and Abuse of Property
The University will hold students responsible for conduct that causes
or attempts to cause damage, abuse, or theft of University property or
property belonging to members of the University community. Students
found to have violated this provision may be required to make restitution
for any loss of property, in addition to other sanctions which might be
A student may be disciplined for:
a. Willfully failing to comply with a proper order or summons when
requested by authorized University officials
b. Willfully failing to comply with instructions of University officials
acting in performance of their duties
c. Willfully failing to appear before a disciplinary committee upon
d. Failure to provide student identification upon request
e. Failure to abide by or comply with University policies and
f. Failure to comply with the housing/residence life contract or
g. Failure to comply with an ordered sanction.
10. Abuse of the Judicial System
Abusing the judicial system includes but is not limited to:
a. Failure to obey the summons of the Judicial Board or University
b. Falsification, distortion, or misrepresentation of information
before a Judicial Board
c. Disruption or interference with the orderly conduct of a judicial
d. Attempting to discourage an individual’s proper participation in,
or use of, the judicial system
e. Attempting to influence the impartiality of a member of the
Judicial Board prior to, and/or during, and/or after a judicial
f. Harassment (verbal or physical) and/or intimidation of a member
of the Judicial Board prior to, and/or during, and/or after a judicial
g. Failure to comply with imposed sanction(s) or,
h. Influencing or attempting to influence another person to commit
an abuse of the judicial system.
11. Disruptive, Disorderly, or Reckless Conduct
Disruptive, disorderly, or reckless conduct includes indecent exposure,
lewd behavior, bomb threats, false fire alarms, and other actions which
disrupt normal University functions, activities, and processes of the
University community. When disorderly or disruptive conduct occurs in
class, a faculty member may file a complaint of misconduct with the Judicial Administrator, and after a hearing, if that complaint is upheld
the student may be administratively withdrawn, and may then appeal.
Disruptive, disorderly, or reckless conduct includes, but is not limited to
a. Threats, physical abuse, harassment, or hazing which threatens
or endangers the health, safety, or welfare of a member of the
b. Fighting or physically assaulting another person or recklessly
causing physical harm or causing reasonable apprehension of such
c. Obstructing or disrupting teaching, research, administrative and
public service functions
d. Obstructing or disrupting disciplinary proceedings or other
authorized University activities
e. Intentional participation in campus demonstrations which disrupt
the normal operations of the University and infringe on the rights
of other members of the University community;
f. Leading or inciting others to disrupt scheduled and/or normal
activity in any campus area, causing infringement on the rights of
members of the University community; or,
g. Trespass or unauthorized entry to any University premises, facility,
property, or at a University-sponsored event or activity.
12. Possession of Dangerous Weapons, Firearms, or Explosives on Campus
Except for authorized use by law enforcement agencies and officials,
the possession or use of dangerous weapons, firearms, or explosives
is prohibited on University property. Prohibited weapons are those
listed in the North Carolina Code, including, but not limited to the
following: BB guns, martial arts weapons, brass or metal knuckles, stun
guns, pellet guns, rifles, air/gas guns, laser pointers, hand guns and
multiple firing weapons, knives, straight razors, or any sharp pointed
or edged instrument (e.g., box cutters) and chemicals such as tear gas,
any incendiary devices, biological agents, grenade, mine or powerful
explosives, and ammunition.
13. Violations of Residence Life and Housing/Rules and Regulations
Any violation of Residence Life and Housing/Rules and Regulations is
subject to discipline under this Student Code of Conduct.
14. Cellular Telephone and Pagers in the Classroom
The use of cellular phones and pagers is expressly prohibited in academic
classrooms and laboratories. All such telephones and pagers, audible or
silent, must be kept in the “Off” position while students attend classes.
Students in non-compliance may be asked to leave the classroom
immediately upon discovery of phone and/or pager use.
15. Ticket Scalping
Selling tickets to University functions or events for a price in excess of
the price printed on the ticket is prohibited.
Students as individuals or representatives of student organizations are
prohibited from entering into verbal or written agreements or contracts
that purport to bind, obligate, or create liability for the University. In
such instances, the University will hold the student individually, and/or
the student organization, liable for the financial or legal consequences
or damages that may result from such unauthorized actions.
17. Possession of Stolen Property
Knowingly possessing property that may be identified as being stolen
from the University or from any other person is prohibited.
18. Obstruction of the free flow of pedestrian or vehicular traffic
Blocking, impeding, or causing a restriction to the free flow of pedestrian
or vehicular traffic on University premises, or at University sponsored or
supervised events is prohibited.
19. Forcible Entry
Breaking and entering into any building, structure, or facility on
University premises is prohibited.
20. Littering, Throwing Objects Out of Windows
The inappropriate disposal of refuse, including ejecting or dropping any
object from windows in residence halls or balconies or other University
buildings or vehicles is prohibited.
21. Falsely Reporting Fires
Falsely reporting fires or other emergencies, falsely setting off fire
alarms or tampering with fire equipment is prohibited (Residence Hall
The malicious or fraudulent burning of property, creating fires, open
flames, and/or lighting flammable materials in a building or facility on
23. Disregard of Fire or Evacuation Alarm Signals
The disregard of fire alarm signals or refusal to evacuate a building or
a section of a building when a fire or evacuation alarm is sounding is
Engaging in intentional conduct directed at a specific person or persons
which seriously alarms or intimidates such person or persons and which
serves no legitimate purpose will not be tolerated. Such conduct may
include: explicit or implicit threats, including gestures which place
a person in reasonable fear of unwelcome physical contact, harm, or
death; following a person about in a public place or to or from his or
her residence; making remarks in a public place to a specific person
which are by common usage lewd, obscene, expose a person to public
hatred, or that can reasonably be expected to have a tendency to cause
acts of violence by the person to whom the remark is addressed; or
communicating anonymously by voice or graphic means, or making a
telephone call, anonymously, whether or not a conversation ensues.
25. Sexual Harassment
For the purpose of this Policy, the University adopts the sexual
harassment definitions promulgated by the Equal Employment
Opportunity Commission (EEOC) and the Office of Civil Rights (OCR)
of the United States Department of Education. Unwelcome sexual
advances, unwelcome requests for sexual favors, and other behavior
of a sexual nature constitute sexual harassment when [VI-1.20 (B) -
Saint Augustine’s University guidelines and policies prohibiting sexual
harassment and campus procedures and policies for filing complaints as
approved by the president]:
A. Submission to such conduct is made either explicitly or implicitly a
term or condition of an individual’s employment by the University
or an individual’s participation in a program; or
B. Submission to or rejection of such conduct by an individual is used
as the basis for academic or employment decisions affecting the
C. Such conduct by an employee, by a student, or by a third party is
sufficiently severe, persistent, or pervasive to:
a. limit an individual’s ability to participate in or benefit from
an educational program or activity;
b. create a hostile or abusive educational environment; or c. have the purpose or effect of unreasonably interfering with an
individual’s work performance, or of creating an intimidating,
hostile, or offensive work environment at the University.
26. Sexual Assault I
By stranger or acquaintance, rape, forcible sodomy, or forcible sexual
penetration, however slight, of another person’s anal or genital
opening with any object. These acts must be committed either by force,
threat, intimidation or through the use of the victim’s mental or physical
helplessness, of which the accused is aware or should have been aware.
27. Sexual Assault II
By stranger or acquaintance, the touch of an unwilling person’s intimate
parts (defined as genitalia, groin, breast, or buttocks, or clothing covering
them) or forcing an unwilling person to touch another’s intimate parts.
These acts must be committed either by force, threat, or through the use
of the victim’s mental or physical helplessness of which the accused was
aware or should have been aware.
• Students who are victims of sexual assault shall be offered
access to counseling through mental health services available at
the institution, other victim service entities in the surrounding
community, or the nearest state designated rape crisis program.
After a sexual assault has been reported at the institution, and
upon the request of the alleged victim, the victim shall be offered
an alternative academic, living or employment situation if such
alternative is available, feasible, and appropriate to the facts of the
sexual assault reported.
Pursuant to State law, smoking is prohibited in all buildings, including
29. Identity Theft
Violations include, but are not limited to knowingly and willfully
assuming and using personal identifying information, without the
consent of said owner, for the purpose of misrepresenting oneself;
using, selling, or transferring that information to obtain any benefits,
credit, goods, services or other items of value in the name of said owner,
is a violation of this Code.
Harassment of complainant or other person(s) alleging misconduct, including
but not limited to intimidation, threats or unwanted physical contact.
31. Violating the Terms of a Sanction
Violating the terms of any disciplinary sanction imposed (including failing
to meet deadlines and/or committing a violation of University rules while
serving a probationary sanction) in accordance with the Student Code of
Conduct will be grounds for further action under the Code.
Any repeated conduct directed specifically at another person that causes
that person to fear for his or her safety. Such conduct includes, but is not
limited to: telephone calls, following another person, and acts that threaten
or intimidate another person through fear of bodily injury or death.
Knowingly harboring or transporting a fugitive from justice, or any
individual who has been officially barred (suspended or expelled) from
the University or University sponsored activities, or for whom there is an
outstanding warrant, is prohibited.
34. Illegal Gambling or Wagering
Gambling or wagering in any form is not permitted on the University
premises, without the prior approval of the Vice President for the
Division of Student Development and Services.
35. Misuse of Keys
Duplication or misuse of University keys or other access devices is a
violation of the Code.
36. Violation of Criminal Codes of the Local, State or Federal Governments
Actions or activities, on or off-campus, that violate criminal law, also
violate the Student Code of Conduct and are subject to judicial action.
Hazing, in any form, is a violation of both the National Pan Hellenic
Board (NPHC) and the Saint Augustine’s University Hazing Policy.
a. No member of the University community shall participate in the
hazing of another.
b. No member of the University community shall knowingly permit
the hazing of any person.
c. No member of the University community shall fail to report
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