Apr 23, 2024  
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Article V. Student Conduct Codes


 

Violation of Law and University Rules and Regulations

Doane University is committed to its mission to create distinctive educational experiences, immersed in the liberal arts, to prepare our students for careers and lives grounded in inquiry, ethics, and a commitment to lead and serve in the global community.  We strive to encourage students to develop a sense of self-worth, an understanding of how their behavior impacts others, and a commitment to their own responsibility for upholding and strenghening community standards.  Students are expected to obey the policies of Doane University as well as applicable local, state and federal laws and are not entitled to greater immunity or privilege before the law than that enjoyed by ordinary citizens.

As they prize rights and responsibilities for themselves, students are expected to respect the rights and responsibilities of others.  For infractions of laws, regulations, policies and standards, students may be subject to judicial sanction up to and including expulsion from the University.  Such action may be imposed for violations which occur on University premises, at University-sponsored activities, and to off-campus conduct that adversely affects the University community, its reputation and/or the pursuit of its objectives.  The Vice President for Student Affairs, Senior Judicial Officer or designee will determine whether the Student Conduct Code will be applied to conduct occurring off campus, on a case by case basis.

The policies and procedures outlined in the Student Conduct Code will be followed in a majority of student discipline cases although as a private insititution, the University specifically reserves the right to deviate from said policies and procedures if it is determined that such a deviation is in the best interest of the student(s) involved, the effective learning and education environment to which all Doane students are entitled, and/or will best protect the safety and well-being of the Doane community.

Nothing in these policies or procedures is intended to nor shall it create a contractual agreement between the University and the students as to how student judicial matters will be handled; rather, Doane retains discretion to protect the best interests of the institution and students in all cases.  Generally, the University judicial process is limited to incidents of student behavior that adversely affect the Univerity community’s pursuit of its educational objective or create a substantial interference with the safety and well-being of Doane students and members of the community.

Students are expected to be familiar with all University regulations and to abide by them at all times in order to maintain an equitable, just and safe living-learning environment.

 

Jurisdiction

All students are responsible for their conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods beween terms of actual enrollment.  The Student Conduct Code may apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

Doane University may choose to address student discipline matters prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President for Student Affairs, Senior Judicial Officer or designee. If a criminal complaint is filed against a student(s) for conduct on or off campus that constitutes a crime of violence, theft, sexual assault, distribution of controlled substances and/or illegal drugs, or any other serious crime, the University may determine whether the presence of student(s) on campus during the pendency of the criminal justice proceedings will constitute a substantial interference with school and educational purposes. If such a determination is made, the University may suspend the student from attendance at Doane University until such time as the matter is brought to conclusion by the criminal justice system. Such suspension shall not restrict the University from invoking additional disciplinary sanctions.

University discipline will not be used to duplicate the function of city/state laws when a student is charged with or convicted of a violation occurring off-campus. The University may, however, impose sanctions for serious misconduct, flagrant disregard for the rights of others or jeopardizing the good reputation of the University.  The University may institute proceedings against a student who violates a federal, state, county or city law that is also a violation of a published University policy.

Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced or resolved in favor of or against the criminal law defendant.  When a student is charged by federal, state or local authoritites with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student.  If the alleged offense is also being processed under the Student Conduct Code, the University may advise off-campus authorities of the existence of the Student Conduct Code and of how such matters are typically handled within the University community.  The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions).  Individual students and other members of the University community, acting in their personal capacities, remain free to interact wih governmental representatives as they deem appropriate.

Section 1.01 Student Conduct Code

The following forms of misconduct are subject to University sanction. Each student is held accountable for their behavior under the judicial system of the University.

  1. Abuse of the student conduct system, including but not limited to:
  1. Failure to obey a notice from a Student Conduct Code process or University official to appear for a meeting or hearing as part of the process.
  2. Failure to answer questions accurately and honestly during the course of a meeting or hearing.
  3. Disruption or interference with the orderly implementation of any conduct proceeding, or attempting to discourage an individual’s proper participation, or use of, the student conduct system.
  4. Harassment or intimidation of a University official prior to, during, and/or after a student conduct code proceeding.
  5. Failure to comply with the sanction(s) imposed under the Student Conduct Code.

2.  Violation of the Doane University Academic Integrity policy, including but not limited to all forms of dishonesty, cheating, plagiarism and forgery.

3. Knowingly furnishing false information to University staff or being in possession of any form of false identification.

4. Alteration, falsifying or misuse of University documents, Doane-affiliated websites, platforms or instruments of identification with intent to defraud.

5. Intentional obstruction or disruption of teaching, research, administration, disciplinary proceedings or other University activities. This includes violations of library policies.

6. Abusive conduct, physical or verbal abuse, disruptive behavior, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person, including but not limited to:

  1. Acts or expression of harassment, discrimination, personal intimidation or intentional physical or emotional abuse of any person.
  2. Physical assault or attempted assault
  3. Sexual misconduct
  4. Sexual harassment
  5. Bullying/cyber bullying
  6. Domestic violence
  7. Retaliation
  8. Emotional, mental or psychological abuse
  9. Use of technology or social media to target groups or individuals, or to send obscene or abusive messages.
  10. Abusive language or other behavior that is inappropriate, threatening or directed toward University staff.
  11. Conduct that is unsafe, disorderly or lewd, including any unauthorized use of electronic or other devices to make a visual or audio record of any person without their prior knowledge or consent when such a record is likely to cause injury or distress.
  12. Hazing as defined by Nebraska law.  The express or implied consent of the victim is not a defense.  Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this policy.
  13. Bias incident or hate crime that is threatened, attempted or completed.

7. Any violation of Doane University Computer Use Policy and Procedures, including but not limited to:

              a. Unauthorized entry into a file for any purpose.

              b. Unauthorized transfer of a file.

              c. Use of another individual’s identification and/or password.

              d. Use of computing facilities and resources to interfere with normal University functions, the work of another student, University faculty/staff member or official, or in violation of copyright laws.

8. Theft or attempted theft of property or services of the University or that of a member of the University community or campus visitor, or possession of known stolen property.

9. Failure to comply with directions of University officials, their designees or local law enforcement and safety personnel acting in performance of their duties and/or failure to identify oneself to those persons when requested to do so.

10. Unauthorized entry or use of University facilities or property.

11. Unauthorized possession or use of dangerous items or weapons, including but not limited to: firearms or guns of any type, knives (including pocket knives); fireworks, or dangerous chemicals. This includes carrying a concealed handgun, which is prohibited in or on Doane University property. This prohibits permit holders from possessing or carrying a concealed handgun on these premises. Unless otherwise authorized by law, violation of the prohibition is a criminal offense. This policy is pursuant of the Nebraska Revised Statute 28-1202.01.

12.Setting fires, tampering with fire protection equipment, causing false fire alarms or failure to leave the building during fire alarms or drills. Tampering with fire protective equipment may result in sanctions including a $500 fine.

13.Possession, manufacture of, sale, distribution, use or involvement with any kind of non-prescribed narcotics, drugs or controlled substances. This includes the possession of prescription drugs that have been prescribed to others.

14.Violation of the campus alcohol policy.

15. Damage to or vandalism of University facilities or property, or to property of a member of the campus community or campus visitor.

16. Violation of any University policies, rules or regulations published in hard copy or available electronically on the University website.

17.Violation of any federal, state or local law.

18.Violation of the Student Responsibility and Self-Care policy as outlined below:

  1. Self-care and Threatening Behavior Policy:  Students must be able to care for themselves at all times. The University has limited resources for students who are not able to provide reasonable care for themselves. Incidents where students demonstrate lack of care for themselves (alcohol poisoning, suicidal threats, not taking health medication, failing to turn in required health documents to the Director of Student Health and Wellness, etc.) may be removed from campus housing immediately. Students involved in incidents like this are required to provide documentation from health professionals that they have completed any assigned requirements (such as alcohol, medical, or mental health evaluations).  Repeat incidents may result in removal from residential housing until documentation is provided supporting the student(s) ability to live in the residential community. Students who exhibit threatening behavior towards other students may be removed from housing immediately.
  2. Direct/Immediate Threat Policy:  Any student threatening to harm themselves or others mandates immediate action. Statements of suicidal and homicidal threats will be reported to the Crete Police Department or local EMS for additional evaluation and assistance. 

If an immediate threat of harm to oneself or others is possible, then the University will take the necessary steps to ensure safety for the student and community and local authorities will be contacted. If no immediate threat of harm to oneself or others is present, then the University will move forward with the following steps:

  1. Convene the Threat Assessment Management Team to assess threat(s) and make recommendations.
  2. Generate an assessment report.
  3. Immediately contact the student posing the threat to ensure a proper, objective, assessment interview.
  4. If the student has disclosed a disability and has an accommodation plan with the University, the University will consider additional accommodations available to the student, and will, when necessary, make an individualized assessment of the direct threat posed by the student in accordance with applicable federal law.
  5. At minimum, the University will respond with the following:

a. Establish contact with the accused student and alleged victims.

b. Confirm Report of Threat and follow the steps within the Student Handbook.

c. The University will separate the accused student and victim. This may be provided by creating alternative classes or housing arrangements as the situation warrants