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Phone: 1-304-243-2350


Student Code of Conduct


Date approved:
August 2014
Approved by:
 
Date to be reviewed:
June 2015
Reviewed by:
Dean of Student Development
Date revised:
 
Revision number:
1.0
 
Compliance Committee:
As Scheduled

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1.0 Men & Women For Others: Pursuit of the Common Good

The quality of a Wheeling Jesuit University education is dependent upon the community acceptance and enforcement of the Honor Code. The Student Honor Code (Adapted Spring 2002 by Student Government) reads:

We, as unique members of the Wheeling Jesuit University community, strive for constant improvement of ourselves through discipline, honesty, and responsibility. While embodying the values of integrity, accountability, and respect for others, we wish to be instruments of hope, justice, and righteous action.
A students' decision to enroll at Wheeling Jesuit University indicates that they accept an invitation to participate, not only in their personal growth and development, but also in the growth and development of a "community marked by freedom, mutual respect, and civility." Students also accept the rights and responsibilities of membership in this community. The choice to become a member of this community implies the commitment to accept the rights and responsibilities of that membership, and students' participation in the process of developing the individuals and community we seek. We value the opportunity to provide a liberal arts education in the Jesuit tradition, and strive to maintain the living and learning environment in which that can occur. Our individual and communal respect for the dignity, integrity, and well-being and property of others is essential to develop and maintain the Wheeling Jesuit University community.

In order to create an environment whereby students can live safely, succeed academically, and develop skills for life, leadership, and service, the University relies upon students to know and adhere to standards of behavior guided by university policies as well as local, state, and federal laws. While the Student Handbook attempts to include information on most of these regulations and policies, students need to review other publications and documents, e.g. the Academic Catalog and financial aid documents, available through various offices on campus. When Student Code of Conduct violations initiate in an academic forum, student conduct processes will occur in sync with specific academic departmental processes.

The university conduct process is based on the assumption that conduct procedures, when required, should be an educational experience. Sanctions are imposed to help students develop a sense of personal responsibility, to encourage self-discipline, to foster healthy choices, to promote respect for the rights of others, as well as to protect the rights, freedoms and safety of the entire campus community.

Proceedings pursuant to the Student Code of Conduct shall be fair and expeditious. The procedures of criminal and civil courts shall not govern Wheeling Jesuit's private campus conduct procedures; as such, formal rules of evidence are not applicable. In all instances, university officials leading the conduct process bear the burden of establishing, by a consideration of the totality of evidence, that more likely than not, a violation of the student code of conduct has occurred. This standard indicates that the evidence presented is 51% likely to be true; this standard is lower than the "beyond a reasonable doubt" standard.

The student does not have the right to legal counsel representation at any time during university proceedings. Students may designated a pre-approved University employee to serve as their Advisor at their hearing. Employees holding law degrees and/or who are student's family members cannot serve as Advisors. Advisors may furnish advice only to the student during the hearing. Advisors are allowed only at the discretion of the Dean of Student Development and/or or the Chief Academic Officer (for academic dishonesty violations) (and/or either of their designees) if their presence is deemed helpful to increase the educational value of the process and/or to provide personal support to the student. If allowed, the Advisor's role is to be one of consultation and support, not advocacy. Advisors will not be permitted to take part in conduct proceedings without a written release form from the student in question, indicating the students' approval of the advisor's presence in their conduct proceedings.

These standards are established to address allegations of student misconduct across campus. The student conduct systems exist in a seamless environment to protect the rights of members of the community based on our Jesuit values and established by the policies of the University. The conduct system is designed to educate students, encourage sound decision-making and provide opportunities for growth and personal development, when found to be in violation of these community values. Wheeling Jesuit University's student conduct process will follow established procedures to ensure the integrity of the conduct process and an educational experience that facilitates the development of the individual and in accord with the university Jesuit values, including becoming men and women for others.

2.0 Student Rights within the University Community

Supporting these expectations, all student members of the Wheeling Jesuit University community have certain rights. These include:

  • The right to learn, including the right of access to ideas, the right of access to facts and opinions, the right to express ideas, and the right to discuss those ideas with others in a civil, non-hostile environment.
  • The right to be treated as an individual member of the community, including the right to be free of discrimination based on age, sex, religion, ethnic or national origin, handicap, sexual orientation, or status as a veteran, and the right to be free from harassment of any type.
  • The right of peaceful coexistence, including the right to be free from violence, force, threats, and abuse, and the right to move about freely.
  • The right to be free of any action that unduly interferes with student rights and/or a supportive learning environment.
  • The right to express opinion, which includes the right to respectfully state agreement or disagreement with the opinions of others and the right to an appropriate forum for the expression of opinion.
  • The right of privacy, which includes the right to be free of unauthorized search of personal spaces.
In student conduct procedures, students have the right to be informed of charges of misconduct, the right to adequate time to prepare a response to the charges, the right to hear evidence in support of the charges, the right to present evidence against the charges, and such other procedural rights as are provided in this policy. Student Rights within the Conduct Process Students facing possible student conduct action for alleged violations of community standards are entitled to the following procedural rights:
  • The right to be notified of charges against him/her with sufficient detail.
  • The right to know the nature and source of the evidence that will be used against him/her, per federal regulations.
  • The right to present evidence and witnesses relevant to his/her defense.
  • The right to freedom against compulsory self-incrimination.

3.0 Definitions

  • The term "University" shall refer to the community of faculty, staff, and students at Wheeling Jesuit University, as well as to premises and facilities.
  • The term "student" shall include any person currently enrolled, in the process of registration, or who will be registered for an academic term, course, program, or activity at the University.
  • The term "faculty member" shall mean any person employed by the University who holds academic rank or performs teaching or research duties.
  • The term "staff member" shall mean any person employed by the University who is not considered faculty.
  • The term "University premises/facilities" shall mean all buildings or grounds owned, leased, operated, controlled, or supervised by the University or any other recognized University affiliates.
  • The term "organization" shall mean a group of persons who have complied with University requirements for registration or recognition.
  • The term "University (sponsored) activity" shall mean any activity, on or off campus, which is initiated, aided, funded, authorized, or supervised by the University.
  • The terms "will" and "shall" are to be used in the imperative sense, not imparting a choice.
  • The term "may" is to be deemed permissive, imparting a choice.
  • The terms "Dean of Student Development" and "Director of Residence Life" refer to individuals holding those positions and/or their designees.
  • The term "University official" includes all full, part-time, and contracted employees, including paid law enforcement hired for specific University events and student employees such as Resident Assistant, Student Security Assistant, and Desk Attendant staff.

4.0 Student Code of Conduct Violations

The following violations of the Student Code of Conduct standards will be processed through the Dean of Student Development and/or his/her designee. Violations occurring off-campus and in online forums are subject to the terms of the Student Code of Conduct.

  1. Furnishing false information to or about any University Official acting in performance of his/her duties. This includes but is not limited to false reporting of emergencies.
  2. Not cooperating and/or failure to comply with any University Official or law enforcement officers acting in performance of their duties. This includes but is not limited to not presenting proper identification when requested and not honoring an employees' request to meet to discuss University business.
  3. Forging, altering, misusing, creating false, or failure to provide accurate and required information on University documents, records, or identification cards.
  4. Taking or unauthorized use, possession, or destruction of public or private property (either on or off-campus) or services or acts committed with disregard of possible harm to such property or services. This includes, but is not limited, to theft and/or unauthorized entry into the University dining hall, the coffeeshop, the RATT, and campus shop bookstore.
  5. Unauthorized possession, duplication, or use of keys or access cards to gain entry into any University premises or services.
  6. Unauthorized entry into or use of University premises. This includes, but is not limited to, persons violating the residential visitation policy by not signing into the hall they are visiting and/or not having a resident escort, attempting to force open locked doors, and attempting to gain entry to University buildings during times of University closure.
  7. Participating in and/or encouraging actions that intentionally misrepresent the University in an official capacity. This includes but is not limited to operating a campus organization without proper University recognition and falsely misrepresenting oneself as a University employee and/or with the authority of an employee.
  8. Disrupting the normal operations of the University and/or infringing on the rights of other members and/or guests of the University community.
  9. Violation of the University Alcohol Policy. Sub-charges may include, but are not limited to:
    1. Possession of containers that previously contained alcoholic beverages

      (Empty alcohol containers cannot be used as decorations; such containers will be considered an open container and deemed as proof of consumption and a violation of the alcohol policy. The policy applies to all students, regardless of age).

    2. Possession of common source containers, whether full or empty, of alcohol such as kegs, beer balls, or boxed wine.
    3. Participation in and/or being in the presence of drinking games.
    4. Possession of alcoholic beverages by persons under 21 years of age.
    5. Consumption of alcoholic beverages, including:
      • Consumption of alcoholic beverages by persons under 21 years of age;
      • Consumption of alcoholic beverages or possession of an open container by persons 21 years of age or older in any public area.

        Unless it is an official University approved event, including public space within a residence hall. Containers in which the original seal has been broken or containers that are not able to be permanently sealed constitute an open container.

    6. Intoxication.

      Social drinking must never be undertaken to the detriment of, or in violation of, the rights of others. As such, students are reminded that it is their responsibility to be sober at all times. The University will not tolerate public drunkenness since intoxicated students act in a manner inconsistent with the values of the University, pose a threat to themselves, and can make life unpleasant for those with whom they live. Any student found in an intoxicated condition will be subject to appropriate sanctions. Determination as to whether or not a student is intoxicated may be made on the basis of use of a breathalyzer and/or the following factors including, but not limited to: Whether a student is:

      • unable to walk without assistance
      • speaking incoherently
      • unconscious
      • vomiting
      • emitting a strong odor of alcohol
      • has bloodshot or glassy eyes
      • behaving in a loud and/or disorderly manner)

    7. Sale, distribution or provision or attempts to sell, distribute or provide alcoholic beverages to or by anyone under 21 years of age.
    8. Possession and of alcoholic beverages in a student room in which at least one assigned resident is under 21 years of age and/or persons under the age of 21 are present.

      Per a campus policy change effective Fall 2014, students age 21 and over cannot possess/consume alcohol in their assigned residence if they have an assigned roommate who is under the legal drinking age or if underage persons are present in the room. Students of legal drinking age should seek assistance from the Office of Residence Life if it is important to them to request a room change that would make alcohol use permissible in their room).

    9. Consumption of alcoholic beverages in a student room in which at least one assigned resident is under 21 years of age and/or persons under the age of 21 are present.

      Per a campus policy change effective Fall 2014, students age 21 and over cannot possess/consume alcohol in their assigned residence if they have an assigned roommate who is under the legal drinking age or if underage persons are present in the room. Students of legal drinking age should seek assistance from the Office of Residence Life if it is important to them to request a room change that would make alcohol use permissible in their room).

    10. Bringing alcohol into a University residence not assigned to the person bringing in the alcohol.

      Students regardless of age are not permitted to bring alcohol into residence rooms in which they are visiting. Only residents assigned to a room may provide alcohol to other persons in their assigned room, in accord with the University Alcohol Policy).

    11. Possessing more than the permissible maximum amount of alcohol allowed per 21 year old resident per room.

      One case of beer (or like beverage) per 21 year old resident is allowed; a case of beer is defined as a purchased box of 24-30 bottles/cans of beer. No more than the equivalent of half gallon or two 750 mL bottles of hard liquor per 21-year old resident is allowed. Additional restrictions on the amount of alcohol allowed in a residence hall room and/or quad maybe applied at the discretion of the University. Visitors, regardless of age, may not bring alcohol into a room in which they do not reside).

    12. Possession and/or use of alcohol in University residences during University Break Periods, regardless of age.

      Alcohol use and/or possession of any kind is not permitted in University housing outside of the regular academic semesters when housing is officially "closed" for the regular, undergraduate terms; such times include Thanksgiving Break, Winter Break, Spring Break, Easter Break,during summer housing, and in the few days/weeks either just before fall housing opens or after spring housing closes but students have permission to be in housing. A zero tolerance policy for alcohol use is in place during these times. Students unable to abide by this policy should seek alternative housing arrangements off-campus; violators maybe subject to immediate housing suspension).

    13. Violation of the Alcohol Policy in the Rathskeller.

      The RATT is a social gathering place for students and other members of the University community. The RATT operates under a State liquor license and serves beer, malt beverages, and soft drinks during specified hours of operation in accord with local and state laws, and provides a venue for healthy, responsible and legal alcohol consumption. Violators of the Alcohol Policy in the RATT will face conduct action starting at a Level 3 (Conduct Probation) or Level 4 (Suspension) offense; employees who do not enforce the Alcohol Policy are subject to employment termination and conduct action. All alcoholic beverages must be purchased and consumed in the RATT. Individuals who wish to purchase, consume or have alcohol while in the RATT will be required to receive a hand stamp, wristband, or other means to designate them of legal drinking age. RATT personnel have the right and responsibility to refuse entry or to serve alcohol to anyone deemed to be intoxicated or exhibiting inappropriate behavior due to suspect alcohol use).

    14. Violation of the Alcohol Policy at an approved University Sponsored Event or at the Ignatius Rock.

      "Alcohol Use at the Ignatius Rock" -- Students aged 21 or over may request use of the lawn hillside known as the "Ignatius Rock" during specified times to host social events in accord with University Alcohol Policy and in line with responsible, legal use of alcohol. Students should allow up to one week to process such a request via the online registration form. Request will be approved by the Dean of Student Development and/or his/her designee. / "Alcohol Use at a University Sponsored Events" -- Campus-wide guidelines for registering for permissible alcohol usage at public and private University sponsored social events can be found in an online registration form. All events must be registered with and approved by the Dean of Student Development and/or his/her designee; this includes events in accord with the Athletic Event Tailgating Policy involving alcohol use. Event organizers should allow up to two weeks for a review of their requested event; as needed, members of the Alcohol and Other Drug Review Committee will be called to review event request).

  10. Violation of Residence Life Policies.
  11. Actions which interfere with or obstruct the Student Conduct Process. Sub-charges may include, but are not limited to:
    1. Falsifying, distorting, or misrepresenting information to the Student Conduct Board or hearing officer.
    2. Attempting to discourage an individual's proper participation in, or use of, the Student Conduct system; this includes violation of the No Retaliation Policy.
    3. Attempting to influence the impartiality of a member of a hearing office or member of a hearing board prior to, during, and/or after a Student Conduct proceeding.
    4. Influencing or attempting to influence another person to commit an abuse of the Student Code of Conduct system.
    5. Actions that seek to involve others in confidential student conduct processes when there is no legitimate need for their involvement; this includes participation in gossip and/or actions that take place in an online forum and/or via text messaging.
    6. Failure to appear at a hearing without prior notification.
    7. Failure to complete an assigned sanction.
  12. Violation of the University Illicit Drug Policy. Sub-charges may include, but are not limited to:
    1. Possession of paraphernalia including any item typically used to inhale/ingest/inject/mask drugs, regardless of whether the item has been used for illegal purposes.
    2. Possession of drugs.
    3. Use of drugs.
    4. Misuse, abuse, and/or sale of prescription drugs.
    5. Distribution (any form of exchange, gift, transfer or sale) of drugs.
    6. Serving as a co-conspirator in drug related activity on campus; includes aiding in and/or knowingly endorsing acts of distribution.
  13. Possession and/or use of firearms, explosives, ammunition, fireworks, and/or weapons. Weapons may include, but are not limited to: metallic knuckles, slingshots, bows and arrows, switchblade knives, non-cooking knives with blades more than three inches in length, paintball, BB or pellet guns, taser and/or stun guns, or other deadly weapons or dangerous chemicals. Unmodified toy guns are permissible only at the discretion of the residence life and/or security staff and when possession does not infringe on the rights of others or the perception of safety on campus.
  14. Actions that cause or attempt to cause a fire or explosion; falsely reporting a fire, an explosion or an explosive device; tampering with fire safety equipment; failure to evacuate University buildings during a fire alarm.
  15. Hazing or any act that recklessly or intentionally endangers the mental or physical health or safety of a person, for the purpose of initiation or admission into, affiliation with, or as a condition for the continued membership in a group or organization. Hazing includes, but is not limited to, any act in which a person would not normally participate.
  16. Violations and/or charges of violations of any municipal or county ordinance, any law of the State of West Virginia, or any law of the United States.
  17. Disorderly, lewd, or indecent conduct; breach of peace; disrupting or interfering with the lawful administration or functions of the University, procuring another person to participate in such conduct on University premises, or at functions sponsored by, sanctioned by, or participated in by the University.
  18. Actions or threats of action committed with disregard of possible harm to self, an individual, or group. This includes but is not limited to acts of retaliation and actions that inflict mental or physical harm and/or injury to self, an individual or group, including acts of Sexual Misconduct, relationship/domestic violence and invading privacy rights of others within the University community or outside of the University community while enrolled as a student. This includes, but is not limited to, acts that take place in an online forum or via text messaging.
  19. Acts of verbal or written abuse, threats, intimidation, harassment, coercion, fighting words, and/or other conduct which create an intimidating, hostile, or offensive working, living or educational environment, including, but not limited to, racial and sexual harassment and/or stalking. This includes, but is not limited to, acts that take place in an online forum or via text messaging.
  20. Violation of the Information Technology Policy. This includes, but is not limited to misuse of university computer networks, misuse of the WJU alias email accounts and misuse of WJU social media and computer networks.
  21. Inappropriate conduct and/or actions that demonstrate irresponsible and/or discourteous conduct individually and/or collectively while participating in a University-related function, on and/or off-campus.
  22. Disruptive behavior that occurs while students are visiting locations off-campus while enrolled in classes. This includes, but is not limited to, behaviors that disturb the peace of the residential neighborhoods bordering campus.
  23. Disrespecting a University official acting in performance of his/her duties.
  24. Disturbing the Peace: This includes actions that disturb the peace and good order of the university community, including but not limited to fighting, quarreling, the use of amplifiers, bullhorns, musical instruments, loud music, or other mechanisms or communication beyond that of the natural voice and without prior permission from University officials.
  25. Reckless operation of a vehicle or wheeled transportation on University grounds. This includes, but is not limited to, motorized vehicles, skates, and bicycles used without the proper regard for safety, courtesy and caution.
  26. Acts of vandalism or carelessness that intentionally defaces and/or litters campus grounds and/or University buildings or general property; this includes but is not limited to improper disposal of chewing gum, cigarettes, and other forms of trash.
  27. Aiding and abetting in violations of the Student Code of Conduct.
  28. Inducing a panic, including but not limited to causing the evacuation of a space, causing serious public inconvenience or alarm, initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false, threatening to commit any offense of violence, or committing an offense, with reckless disregard of the likelihood that its commission will cause serious inconvenience or alarm to the University and/or local community.
  29. Actions that defame the reputation of and/or that are contrary to the Jesuit, Catholic values of Wheeling Jesuit University. As members and representatives of the University community, students' actions should uphold the mission and values of the institution. This includes actions that take place in an online forum and/or via text messaging.
  30. Actions or threats of action committed with disregard of possible harm to animals, including wildlife found on campus grounds.

5.0 Level System

Violations of Social Community Standards are classified within a Level System; since no two incidents are identical, the Director of Residence Life and/or his/her designee are called upon to use their professional judgment in issuing appropriate sanctions that best fit the Level 1 and Level 2 violations. Sanctions for Level 3, 4 & 5 violations will be determined by the Dean of Student Development and/or his/her designee. The corresponding list of sanctions is not all-inclusive; this information is to serve as a guideline, not a cookbook, for potential sanctions. Sanctions, including fines, may be increased for violations occurring during times of non-regular University functioning, including during University break periods, during the summer recess, and when students are permitted to return to campus prior to the official opening of the residence halls.

Levels need not be sequential in order. A student may be immediately placed on a higher level of sanctioning without progressing through the lower levels. Likewise, a student placed on a higher level of violation may be moved to a lower level upon satisfactorily completion of sanctions and/or a period of time without further Code of Conduct violation(s); this does not apply to students charged with violations of the Alcohol and Illicit Drug Policy. A student's placement on a Level is dependent on several factors, including student's conduct history at the University and factors involved with each individual situation (i.e. context of each student's involvement); students involved in the same situation may find themselves at different Levels. A student's placement on a level 1 or 2 status will typically be determined by the Director of Residence Life and/or Area Coordinator. The Dean of Student Development and/or his/her designee will typically determine when students reach a Level 3, 4, and 5 offense.

Level 1: Alert Status
Typical violations: Examples of minor violations may include, but are not limited to:

  • Violation of visitation and/or escort policies.
  • Disturbing the peace/violation of quiet hours.
  • Minor and/or non-repeat violation of the University alcohol policy.
  • Minor and/or non-repeat violations of the Residence Life Policy.
  • Climbing in/out of or sitting in windows (residence halls or elsewhere).
  • Being on a roof of a University building.
  • Failure to comply with the instructions or disrespect of a University official (minor and/or non-repeat violations)
Typical Sanctions for Level 1 Violations: The Area Coordinator and/or Director of Residence Life hearing the case will determine the sanction. This list of sanctions is not exhaustive and sanctions may be combined for any single violation. Other options or conditions can be added. Students are not eligible to graduate or to receive transcripts until they complete any outstanding student conduct proceedings or sanctions.
  • Verbal Warning: For some first-time minor violations the student may receive a Verbal Warning at the discretion of the hearing officer. The warning remains in effect for a specific period of time, as determined by the hearing officer. In most instances, students will only receive one verbal warning for a specified offense during their duration of their time on campus.
  • Disciplinary/Written Warning: The student is given formal written notice that the student has violated a code of conduct. The warning remains in effect for a specific period of time, as determined by the hearing board or officer. In most instances, students will only receive one written warning for a specified offense during their duration of their time on campus.
  • Educational Sanction and/or Activity: A student is required to perform a positive action for the university community by completing a campus work assignments, writing a letter of apology, completing an educational program, or an educational reflection and/or paper.
  • Fines: Fines may be assessed as a punitive measure and fines may include restitution for loss of or damages to University or personal property or cost of medical expenses for bodily injury resulting from a student's actions. Whenever possible, funds attained through fines will be used to support programming in the residence halls that promote the educational mission of the university. See the Alcohol and Illicit Drug Policy for minimal fines in case of such violations.
  • Assessment Requirements: A student may be required to complete a specified assessment relative to the violation committed; all assessment reports shall be submitted to the Director of Residence Life and will become part of the students' conduct record.
  • Letter Home to Parents: A copy of the student's conduct letter will be mailed to the address on file for parents/guardians of underage students found in violation of the University Alcohol Policy.
Level 2: Warning Status
Typical violations: Behavior of a more serious nature that impacts the University community. Examples of Level 2 violations may include, but are not limited to:
  • Minor and/or non-repeat violation of the University alcohol policy.
  • Violation of smoking policies.
  • Dropping/throwing objects out of windows, off of balconies, or out of vehicles.
  • Propping doors open as violations of State and Federal Fire Regulations.
  • Improper use of an alarmed door.
  • Failure to comply with the instructions or disrespect of a University official (minor and/or non-repeat violations)
  • Theft.
  • Destruction or defacement of University property or property of members of the community.
  • Removing food from or eating without paying in the Benedum Room or other campus food service locations.
  • Failure to complete an assigned conduct sanction.
Level 2 offenses have a more serious impact on the University community than Level 1 offenses but less of an impact than a Level 3 offense.

Typical Sanctions for Level 2 Violations: The Area Coordinator, Director of Residence Life or the Student Conduct Board hearing the case will typically determine the sanction. This list of sanctions is not exhaustive and sanctions may be combined for any single violation. Other options or conditions can be added. Students are not eligible to graduate or to receive transcripts until they complete any outstanding student conduct proceedings or sanctions.
  • Educational Sanction and/or Activity: A student is required to perform a positive action for the university community by completing a campus work assignments, writing a letter of apology, completion of an educational program, or an educational reflection and/or paper.
  • Fines: Fines may be assessed as a punitive measure and fines may include restitution for loss of or damages to University or personal property or cost of medical expenses for bodily injury resulting from a student's actions. Whenever possible, funds attained through fines will be used to support programming in the residence halls that promote the educational mission of the university. See the Alcohol and Illicit Drug Policy for minimal fines in case of such violations.
  • Loss of University Privileges: Denial of specific University privileges such as, but not limited to residence hall visitation for a designated period of time.
  • Community Restitution: Non-paid work for the university community, for a specified administrative area or physical plant area of the University. Hours for restitution will range from 5 to 15 hours, depending on the severity of the offense and the students' conduct history.
  • Assessment Requirements: A student may be required to complete a specified assessment relative to the violation committed; all assessment reports shall be submitted to the Director of Residence Life and will become part of the students' conduct record.
    • The minimal assessment for a violation of the university Alcohol Policy at this level is an alcohol assessment completed by either the university or an off-campus licensed professional counselor; students will be responsible for paying for associated cost of the assessment.
  • Letter Home to Parents: A copy of the student's conduct letter will be mailed to the address on file for parents/guardians of students found in violation of the University Alcohol Policy, regardless of their age.
  • Recommendation of Suspension from Campus Housing or the University:
    • Upon this sanction and recommendation, the Dean of Student Development will hear the case and proceed as a Level 3 violation.
Level 3: Conduct Probation
Typical violations: Behavior and/or a conduct history that jeopardizes the safety and well-being of others in the campus community and/or integrity as an educational institution founded in the Jesuit tradition, and/or that severely calls into question a student's suitability as a Wheeling Jesuit University student. Violations may include, but are not limited to:
  • Uncooperative behaviors with front-line University personnel acting in performance of their duties that require the on-site response of professional Residence Life and/or Student Development staff.
  • Repeat violations of University policy.
  • Verbal abuse, harassment or uncooperative behavior, hostile or threatening behavior toward another member of the University community.
  • Psychological or physical harassment of any member of the University community.
  • Physical violence or the threat of physical violence against another member of the University community.
  • Sexual harassment and/or misconduct.
  • Abuse of alcohol and/or other drugs resulting in destructive or overt behaviors, including but not limited to excessive alcohol and/or other drug use that requires medical intervention.
  • Violation of the Illicit Drug Policy.
  • Possession and/or use of explosives, combustibles, firearms, or other dangerous materials or weapons on campus.
  • Fire regulation violations, including, but not limited to: tampering with fire prevention equipment (extinguisher, hoses, smoke detectors, alarm system); failure to leave a residence hall during a fire alarm; setting a fire.
  • Unauthorized use and/or entrance of University property or facilities, including using phones and computers.
  • Unauthorized use of University keys, Cardinal Card for entry into institutional facilities, offices, or property. This includes the unauthorized copying of University keys.
  • Destruction or defacement, including vandalism of University property or property of members of the community (over $100).
  • Falsifying University documents or deliberately providing false information to a University official (includes falsification of attendance at events, false IDs, use of another person's Cardinal Card or other document of identification).
  • Intimidation of witnesses or advisors involved in, or the failure to cooperate with an investigation of a student conduct process.
  • Failure to comply with student conduct sanction(s) and with university officials in processing conduct sanctions.
  • Any violation of local, state, or federal criminal codes.
  • Failure to comply with written and/or verbal correspondence concerning student conduct
  • Lewd and/or disorderly conduct contrary to the University's Jesuit values. Typical Sanctions for Level 3 Violations: The Dean of Student Development and/or his/her designee will typically hear all conduct cases reaching Level 3, often with consultation of the Director of Residence Life; cases may be heard by the Student Conduct Board if the student had not previously gone before the Student Conduct Board for conduct review. At this level, the student is in jeopardy of suspension from campus housing and/or suspension or expulsion from the University.
  • Conduct Probation: For specified or indefinite period of time; during this time, the student is deemed not in good student conduct standing and cannot hold an elected or appointed office in any student organizations registered with the University, or hold University paraprofessional employment such as Resident Assistant, Luceat, or Summer Conference staff member. A student's placement on Conduct Probation may be considered during proceedings of the Academic Life Committee and the Financial Aid Committee. Any student placed on conduct probation may lose scholarship money (e.g. Presidential Scholarship, Dean's Scholarship, Athletic Scholarship, or any other Academic Scholarship), eligibility to work in a campus job, and may lose eligibility to represent the University on their Athletic Team.
  • Parental Notification: The Dean of Student Development and/or his/her designee will send a copy of the student's conduct letter to the address on file for parents/guardians of students. Whenever possible, a conversation (either in person or via the phone) will be held with both the student and his/her parent(s)
Additional Sanctions for Level 3 Violations may include:
  • Fines: Fines may be assessed as a punitive measure. See the Alcohol and Illicit Drug Policy for minimal fines in case of such violations.
  • Loss of University Privileges: Denial of specific University privileges such as, but not limited to residence hall visitation for a designated period of time; this is in addition to automatic loss of privileges given placement of Conduct Probation.
  • Community Restitution: Non-paid work for the university community, for a specified administrative area or physical plant area of the University. Hours for restitution will be no less than 15 hours, depending on the severity of the offense and the students' conduct history.
  • Off-campus Assessment Requirements: A student may be required to complete a specified assessment relative to the violation committed; all assessment reports will become part of the students' conduct record.
    • The minimal assessment for a violation of the university Alcohol Policy at this level is an alcohol assessment completed by licensed professional counselor; students will be responsible for paying for any associated cost of the assessment. A students' housing status is dependent on timely completion of this off-campus assessment.
  • Weekend Suspension: The student is not permitted on campus from Friday at 5:00 pm and until Sunday at 5:00 pm.
  • Residence Hall Transfer or Removal: A student is required to transfer residence halls or leave the residence halls for a specified or indefinite period of time.
Level 4: Suspension
Typical violations: Behavior and/or a conduct history that deems the student to be a clear threat to the university community and/or to the University's integrity as an educational institution founded in the Jesuit tradition and/or that deems the student unsuitable as a Wheeling Jesuit University student. Student behavior necessitates a separation between the student and the University for a specified amount of time with parameters set forth for students' return to campus. Typical Sanctions for Level 4 Violations: The Dean of Student Development, or his/her designee when the Dean is unavailable, hears all conduct cases at Level 4 status.
  • Housing Suspension: The student is required to immediately vacate campus for a specified or indefinite period of time. The student must comply with all sanctions prior to readmission to campus housing. Note: Students suspended from campus housing, regardless of the amount of time remaining in the semester, are not eligible for refunds or rebates for charges associated with housing or meal plans. Additionally, students suspended from campus housing will forfeit the receipt of institutional financial aid up to the full cost of room and board, per the university housing policy.
  • University Suspension: The student is required to leave the University for a specified or indefinite period of time. The student must comply with all sanctions prior to readmission. Note: Students suspended from the University, regardless of the amount of time remaining in the semester, are not eligible for refunds or rebates for charges associated with housing, meal plans, tuition, or fees. In the case of expelled/suspended students who also receive Title IV federal aid, a Return of Title IV Refund Calculation will be completed; this may result in the suspended student owing an additional balance to the University. This information will be determined on an individual basis by the Financial Aid Office. Please refer to the Academic Catalog Refunds policy for additional information.
  • Interim Housing and/or University Suspension: If a student's continued presence constitutes an immediate threat of harm to the student, other individuals, or University property, the Dean of Student Development and his/her designee, may suspend that student from the University and/or University housing pending final disposition of the case. In most cases, interim suspension will take place before a hearing. Within ten working days of issuance of the interim suspension, a full hearing will be convened to review the circumstances of the interim suspension. Please refer to the Academic Catalog Refunds policy for additional information.
Level 5: Expulsion
Typical violations: Behavior and/or a conduct history that deems the student to be a clear threat to the university community and/or to the University's integrity as an educational institution founded in the Jesuit tradition and/or that deems the student unsuitable as a Wheeling Jesuit University student. Separation is permanent and student behavior is deemed unsuitable to continue at Wheeling Jesuit University at any time in the future.

The Dean of Student Development, or his/her designee when the Dean is unavailable, hears all conduct cases at Level 5 status. Expulsion from the University is the only sanction.
  • Expulsion: The student is permanently and immediately expelled and cannot continue at the University in any status. Note: Students expelled from the University, regardless of the amount of time remaining in the semester, are not eligible for refunds or rebates for charges associated with housing, meal plans, tuition, or fees. In the case of expelled students who also receive Title IV federal aid, a Return of Title IV Refund Calculation will be completed; this may result in the expelled/suspended student owing an additional balance to the University. This information will be determined on an individual basis by the Financial Aid Office.

6.0 Resolving Cases

Any member of the University community may file charges against a student for violations of the Code of Student Conduct. All charges must be prepared in writing and directed to the Dean of Student Development, Director of Residence Life or his/her designee(s). Any charge should be submitted in writing as soon as possible following the incident.

The Director of Residence Life, or his/her designee (which may include the Student Conduct Board), will typically investigate the charges at Level 1 and 2 status, to determine their merit and/or if they can be addressed administratively with the consent of the parties involved. The Dean of Student Development and/or his/her designee will typically investigate charges at Level 3, 4 and 5 status.

Upon receipt of reports of alleged Student Code of Conduct violations, students will receive written notification of charges of an alleged violation of the Student Code of Conduct; this written notification is typically received within five business days of the date on the report and is written by the administrative hearing officer (if applicable) and/or the Director of Residence Life and/or Dean of Student Development if the case will be heard by a Board. Timeline for receipt of initial notification of a conduct charge may be delayed for situations that occur during University break periods and during the summer months. This written notification will outline the date of the alleged incident, which violations of the Student Code of Conduct with which the student is being charged, and other relevant information to appropriately notify the student of the incident and charges in question. In most cases, the letter will also designate a pre-arranged hearing date; it is the student's responsibility to either attend the pre-arranged appointment designated in their notification or to set up an appointment with the Area Coordinator, Director of Residence Life, or Dean of Student Development or his/her designee(s) within 24 hours of notification. Written notification may occur via the students' University email account. Students are required to check their email on a regular basis (minimally, every 48 hours) to ensure prompt receipt of messages.

There are four hearings available to resolve charges:

  • Administrative Hearing: For Level 1 & 2 violations, this most likely occurs with an Area Coordinator and/or the Director of Residence Life; for Level 3, 4 &5 violations the Dean of Student Development and/or his/her designee will likely be involved. Prior to the hearing, the charged student has the opportunity to review and during the hearing can comment on the documentation of the case and to present witnesses and evidence on his/her own behalf. Students may request to have an Advisor present at an Administrative Hearing; the administrative hearing officer has final authority to determine if an Advisor will be allowed. If allowed, the advisor must be a member of the University community and may not be an attorney or a family member/legal guardian. The advisor ensures that the student understands the student conduct process, and is supported and prepared for the hearing. The advisor does not represent the student by speaking for the student, by questioning witnesses, or requesting documents and/or meetings pertaining to the student's conduct records/case. Before the end of this hearing, the student will be asked whether or not they chose take responsibility for his/her actions. The appropriate professional staff conducting the hearing will make a final decision, based on the facts of the case and the outcome of the Administrative Hearing, whether or not to hold a student responsible for the alleged policy violation; the professional staff will determine resulting sanctions (if any). Students will receive a final letter outlining the outcome of the hearing within 15 working days (3 weeks) of the hearing.
  • Sexual Misconduct Board Hearing: This is a formal, audio-taped process that occurs in front of the Sexual Misconduct Hearing Board (SMHB) and is reserved only for cases involving alleged student sexual misconduct. The board is composed of three University employees who vote on the case and a non-voting Board Chair who facilitates the hearing. A Sexual Misconduct Board Hearing can only occur when a trained board is available to hear a case. For more detailed information about the Sexual Misconduct Hearing Board, see the "Student Conduct Process" outlined in the "Sexual Misconduct Policy".
  • Student Conduct Board Hearing: This is a formal, audio-taped process that occurs in front of the Student Conduct Board. During the hearing process, the charged student has the opportunity to review and comment on the documentation of the case and to question all witnesses and present witnesses and evidence on his/her own behalf. The board is composed of elected students, at least one faculty member, and at least one administrator; Student Government Association Executive Board members will be trained to serve on the Student Conduct Board in the event that additional students are needed to discern cases going before the Student Conduct Board. All students have the right to have an Advisor present at all Student Conduct Board Hearings. The advisor must be a member of the University community and may not be an attorney or a family member/legal guardian. The advisor ensures that the student understands the student conduct process, and is supported and prepared for the hearing. The advisor does not represent the student by speaking for the student, by questioning witnesses, or requesting documents and/or meetings pertaining to the student's conduct records/case. After reviewing the case with the student charged, the members of the Student Conduct Board will deliberate in private to make a final decision, based on the facts of the case and the outcome of the Board Hearing, whether or not to hold a student responsible for the alleged policy violation; the Board will determine resulting sanctions (if any). Students will receive a final letter outlining the outcome of the hearing within 10 working days (2 weeks) of the hearing. A Student Conduct Board Hearing can only occur when a trained board is available to hear a case.
  • Summary Hearing: This is an abbreviated version of an Administrative Hearing that is called by the Dean of Student Development, Director of Residence Life, and/or his/her designee, to immediately address and resolve the case if:
    • A student's continued presence constitutes an immediate threat of harm to the student, other individuals, or University property.
    • The violation occurs two weeks prior to any official University recess or during the summer recess.
    • Deemed necessary to protect the safety and security of campus and integrity of the conduct process.
Immediate campus restrictions and/or sanctions may be put by in place in the cases of a summary hearing. In the cases of summary hearings, student may not receive an initial letter outlining charges against him/her. Students will receive a letter outlining the charges, outcome of the hearing, and options for appeal.

Level 1 & 2 Violations
The Area Coordinator, the Director of Residence Life, or the Student Conduct Board will most likely determine the outcome of Level 1 & 2 violations (this is up to the discretion of the Director of Residence Life).

Level 3, 4 & 5 Violations
Upon report of such violations, the Dean of Student Development and/or his/her designees will most likely meet with the student for an administrative hearing concerning the alleged violation and determine the outcome; on occasion, Level 3 violations may be heard by the Student Conduct Board when the student does not have a prior history of going before this peer review board.

Athletics and Student Conduct Cases
Student athletes will be asked to sign an agreement to allow Student Development staff to share conduct information with their coaches. When students sign this agreement, the Office of Residence Life and/or Dean of Student Development has the right to notify coaches of repeat minor offenses and of major offenses by student athletes; coaches may also be notified of the resulting University sanction. The coach and/or the Athletic Director can add to that sanction as they deem appropriate; these additional actions may include, but are not limited to, sitting out of practice and/or athletic competitions. Coaches are not always notified in the event of a student conduct case; coaches should initiate this contact if they would like more information.

When student athletes reach Level 3 status, the Dean of Student Development and/or his/her designed will work in tandem with the Athletic Director and/or his/her designee to review the student's situation and to develop an appropriate response regarding his/her continued athletic participation.

7.0 Appeals

A student has the right to one appeal of disciplinary sanctions; multiple appeals are not allowed. Appeals are not re-hearings and they are not granted on the basis of disagreement with the decision of the original hearing. Upon receipt of the sanction, a student will have up to five business days to file a written appeal to the:

  • Director of Residence Life, if the original decision was made by an Area Coordinator.
  • Dean of Student Development (if the original decision was made by the Student Conduct Board or the Director of Residence Life).
  • Senior Vice-President for Mission and Ministry and/or his/her designee (if the original decision was made by the Dean of Student Development or the Sexual Misconduct Hearing Board).
  • Sexual Misconduct Appeals Board (if the original decision was made by the Sexual Misconduct Hearing Board)
The Dean of Student Development is the final appeal for all Level 1 and 2 offenses and sanctions. The Senior Vice-President for Mission and Ministry and/or his/her designee is the final appeal for all Level 3, 4 & 5 offenses. The Dean and/or Sr. Vice-President may choose to extend the amount of time to submit appeals in unusual circumstances.

Students only have the right to one appeal per conduct situation; this appeal needs to be submitted to the appropriate level of hearing officer. Students cannot appeal original decisions made by Residence Life staff to the Senior Vice-President for Mission and Ministry.

A student may appeal only on the following grounds:
  1. The hearing was not conducted in the manner provided under the Student Code Conduct.
  2. There was insufficient evidence to establish responsibility.
  3. There is new evidence that exonerates, clears the student, or puts the conduct situation into a different context.
  4. There is new and substantial information not previously considered in the disciplinary process.
  5. The student witnessed or experienced bias or discrimination during the conduct process.
  6. The imposed sanction is too severe.
Students are to clearly make their case in their written appeal, identify which of the above grounds of appeal on which they are appealing. If the written appeal does not meet one of the six criteria noted above, the student will be notified in writing that the request for appeal is denied and the initial decision and sanction(s) will remain in effect. To be considered, written appeals should provide sufficient detail for the reason for the appeal; lack of sufficient information contained within a written appeal is grounds for denial.

If the appeal meets at least one of the criteria above, appeals submitted to the Director of Residence Life or the Dean of Student Development will be reviewed and decided within 20 business days (4 weeks) of the receipt of the appeal. Appeals submitted to the Senior Vice-President for Mission and Ministry will be reviewed and decided within 30 business days (6 weeks) of the receipt of the appeal.

The student will receive written notification of the appeal from the Director of Residence Life, the Dean of Student Development and/or the University President and/or his/her designee. In some instances, students appealing a decision may be asked to an appeals meeting to discuss the situation; however, such meetings are not necessary for an appeal to be considered and decided upon.

The individual who receives and decides on the appeal may choose one of four options:
  1. The appeal is granted, and the sanctions are overturned.
  2. The appeal is granted, and the sanctions are modified.
  3. The appeal is denied, and the sanctions remain in effect.
  4. The appeal is denied and additional sanctions are imposed.
An appeal does not postpone/delay the imposition/completion of sanctions.

8.0 Violations of Federal, State or Local Law

University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Students.

Determinations made or sanctions imposed under this Student 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.

9.0 Off Campus Conduct

Wheeling Jesuit University students are responsible to the University for certain actions committed off-campus. The University will take student conduct action against a student for such an off-campus offense only when it is required by law to do so or when the nature of the offense is such that in the judgment of the Dean of Student Development and/or his/her designee, the continued presence of the student on campus is likely to interfere with the educational process or the orderly operation of the University; or the continued presence of the student on campus is likely to endanger the health, safety, or welfare of the University community, or is intimidating or threatening to another individual within the University community; or the offense committed by the student is of such a serious nature as to adversely affect the student's suitability as a member of the University community. Off-campus conduct may also prevent students from entering into or continuing in academic programs when their demonstrated conduct is contrary to professional and academic department values. The action of the University with respect to any such off-campus conduct shall be taken independently of any off-campus authority. The prospect of criminal charges does not preclude the possibility of a University student conduct hearing.



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