Student Conduct Policy (Policy 4)

Purpose

Governors State University is dedicated to the academic pursuits of instruction, scholarship, and public service. The university prioritizes excellence in education and providing a safe and supportive environment to aid students in their pursuit of knowledge. Therefore, the university has approved the Student Code of Conduct to support the educational mission of the institution. 

The Student Code of Conduct establishes expectations for student conduct and prohibits behavior that adversely affects the university community. The Student Code of Conduct outlines the student conduct system for academic and non-academic misconduct, including actions that may be taken to educate students about behavioral expectations and to protect community standards of behavior. Violations of university policies, rules, or regulations or federal, state, or local law may result in a violation of the Student Code of Conduct and imposition of sanctions. The Student Code of Conduct assures that student rights to due process are respected.

1. University Premises are buildings or grounds owned, leased, operated, controlled, or supervised by the university. 
2. University-Sponsored Activities are all university-sponsored educational programs and services; extracurricular programs, events, or functions (including religious, service, leadership, social, recreational, and athletic) administered or coordinated through the university or one of its schools, departments or approved organizations; as to each whether occurring on or off university premises. 
3. University Community includes all persons associated with the university as students, employees, agents, trustees, volunteers, contractors (including employees or agents of contractors), or members of the public lawfully in attendance at a university activity or present on university premises. 
4. Student is a person currently enrolled in a university course, program, or activity, including without limitation, all persons taking courses at the university, both full-time and part-time, pursuing undergraduate or graduate studies in any university school/college or program. For individuals who become subject to the conduct process while enrolled, their status shall continue until all proceedings have concluded. If an active or continuing student is not registered for classes at the time of the incident, a hold may be placed on the student’s account to prevent course registration until the case is resolved. 
5.  Respondent / Responding Student is the individual who may have violated the university’s Student Code of Conduct.
6. Complainant / Reporter is the individual who has reported or brought forth the alleged violation(s). 
7. Student Organization is a group of persons who have complied with university requirements for recognition as established by Center for Student Engagement and Intercultural Programs.

1. Jurisdiction 

   The Student Code of Conduct is applicable to academic and non-academic misconduct both on- and off-campus, including university premises and university-sponsored activities, and through the use of any electronic media. Online postings such as blogs, web postings, chats, and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of misconduct if evidence of policy violations is posted online. All students and registered student organizations are expected to follow all relevant policies and procedures listed within the university policy directory and their respective program of study.

2. Non-Academic Misconduct

   Prohibited acts include, but are not limited to:

   1. Alcohol: Use, possession, manufacture, sale, or distribution of alcoholic beverages, except as expressly permitted by law and university regulations. Alcoholic beverages may not, under any circumstances, be used by, possessed by, or distributed to any person under 21 years of age. Public intoxication is also prohibited. 
   2. Assault: Intentionally or recklessly causing physical harm, acts of violence, or other conduct that threatens or endangers the welfare of another individual. 
   3. Contempt of the Conduct Process: Interference or failure to comply with the university student conduct process, including failure to comply with disciplinary sanctions or falsification, failure to provide, destruction, or concealment of information. 
   4. Controlled Substances (Drugs): Use, possession, manufacture, sale, or distribution of illegal drugs or drug paraphernalia, including marijuana, heroin, narcotics, and other controlled substances, in accordance with state and federal law. Recreational and medical marijuana, while legal in Illinois, is not legal under federal law and is prohibited. Marijuana in any form, including but not limited to tinctures, edibles, and topicals is prohibited. Misuse of prescription and over-the-counter medication or other substance being used in a manner other than its intended purpose is also prohibited. 
   5. Damage and Destruction: Intentional, reckless and/or unauthorized damage to or destruction of university property or the personal property of another person.
   6. Discrimination: Any act, or failure to act, that is based upon an individual or group’s actual or perceived race, color, national origin, sex, sexual orientation, gender, gender identity, marital status, pregnancy, religion, age, disability, citizenship, veteran status, or other protected characteristic that is sufficiently severe that it limits or denies the ability to participate in or benefit from the university’s educational program or activities. 
   7. Disruptive Behavior: Substantially interfering with the living, learning, or working environment of another individual or university operations including obstruction of teaching, research, administration, other university activities, and/or other authorized non-university activities which occur on campus. 
   8. Disorderly Conduct: Causing, inciting, or participating in any demonstration, riot, or activity that presents a clear and present danger to self or others, causes physical harm to others, or results in damage or destruction of property, except as expressly permitted by the Demonstration and Public Protest policy. 
   9. Election Tampering: Tampering with an election conducted by any university-recognized organization. 
   10. Endangerment: Acting in a way that interferes with the operation of any vital safety-providing service or equipment. Prohibited acts include, but are not limited to, failure to comply with law enforcement, emergency medical, or fire services; tampering with fire extinguishers, alarms, or safety equipment; or failure to evacuate during an emergency. 
   11. Failure to Comply: Failure to comply with reasonable directions of university officials or law enforcement official acting in performance of their duties. 
   12. Falsification: Dishonest acts or providing false or misleading information to any university official. Examples may include, but are not limited to, intentionally or knowingly entering false fire alarms, bomb threats, or other emergencies. 
   13. Gambling: Unauthorized gambling or wagering for money or property. 
   14. Harassment: Any unwelcome conduct based on an individual or group’s actual or perceived race, color, national origin, sex, sexual orientation, gender, gender identity, marital status, pregnancy, religion, age, disability, citizenship, veteran status, or other protected characteristic, in accordance with the Harassment and Discrimination policy (52). 
   15. Hazing: Reckless or intentional acts that endanger the mental or physical health or safety of another person, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or a condition for continued membership, in a group or organization.
   16. Public Exposure: Deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts. 
   17. Retaliation: Any intentional, adverse action taken against an individual for making a complaint, cooperating with an investigation, or participating in a conduct or grievance procedure. Retaliation includes, but is not limited to, intimidation, coercion, harassment, making of threats, and any other adverse educational or employment action. 
   18. Sexual Misconduct: Any unwelcome conduct of a sexual nature that is committed without consent, by force, or using intimidation, coercion, or manipulation. This includes, but is not limited to sexual harassment, sexual assault, intimate partner violence, and stalking, in accordance with the Title IX and the Sexual Misconduct policy (78). 
   19. Smoking: Smoking, use of tobacco products, or carrying any kind of lighted smoking materials on campus property. 
   20. Theft: Attempted or actual theft of university property or the personal property of another person. 
   21. Threatening Behavior: Written or verbal threats or implied threats (intimidation) that causes a reasonable expectation of injury to the health or safety of any person or damage to any property. 
   22. Unauthorized Entry: Misuse of access privileges to university premises or unauthorized entry to or use of university facilities, including trespassing, propping or unauthorized use of alarmed doors. 
   23. Unauthorized Recording: Any actual or attempted unauthorized use of electronic or other devices to make an audio, video, or photographic recording of any person without their prior knowledge or without their consent is prohibited. This includes, but is not limited to, recording when the person or persons being recorded have a reasonable expectation of privacy (i.e. restroom, locker room, residential room); when such recording is likely to cause injury or distress; or when a recording is shared without the consent of those that were recorded. 
   24. Unauthorized Use: Unauthorized possession, use, duplication, or other abuse of university trademark, materials, equipment, or documents, including, but not limited to keys, identification cards, computer technology, and other property. 
   25. Violation of Other University Policy: Violation of other published university policies or rules, including all University Housing policies. 
   26. Violation of the Law: Violation of any applicable federal, state, or local law. 
   27. Weapons: Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous substances on university premises or the use of any item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.

3. Academic Misconduct 

   Instances of academic misconduct are delineated in Academic Honesty (24) and Fair Use of Copyrighted Works for Education and Research (62) policies. The Dean of Students will maintain records and process alleged student violation(s) of these policies as delineated in Academic Honesty (Policy 24) and Student Conduct (Policy 4).

4. Reporting Misconduct 

   Any member of the university community who possesses information about alleged misconduct and is acting in good faith may submit a written report to the Office of the Dean of Students. Reports should be submitted as soon as possible following an incident to ensure timely response.

5. Responding to Misconduct 

   The Office of the Dean of Students shall review reports of alleged misconduct and determine the appropriate course of action based on the nature of violations and student case history. Cases involving alleged violations of this policy may be resolved through an administrative or committee hearing. 

   1. Administrative Hearing: Administrative hearing officers are university officials authorized by the Office of the Dean of Students to investigate and resolve incidents of alleged misconduct. 
   2. Committee Hearing: A standing committee of six faculty members appointed by the Faculty Senate, six staff members appointed by the Dean of Students, and six students appointed by the Student Senate who are trained by the Office of the Dean of Students to hear cases of serious or repeat violations or alleged misconduct. Faculty and staff members shall serve two-year, staggered, renewable terms and must be in good standing with the university. Student members shall serve one-year, renewable terms and must be in good standing with the university. The goal is to have each hearing consist of representatives from all three groups and representative of the involved parties; however, only four members representing two of the three groups shall be present in order for a hearing to convene. 
   3. Title IX Referral: Allegations of Sexual Misconduct that meet the definition of “Sexual Harassment” under Policy 78 shall be referred to the Title IX Coordinator for investigation and resolution pursuant to Policy 78. If a violation of Title IX is found to have occurred, Sanctions outlined below may be imposed on the Respondent.

6. Sanctions

   One or more of the following sanctions may be imposed when a student is found to be in violation of the Student Code of Conduct: 

   1. Warning: A written warning or official notice that previous conduct was unacceptable and that future misconduct may result in more severe disciplinary action. 
   2. Probation: A specific period of time during which a student must conduct Policy 4 Policy 4 p. 6 themselves in a manner consistent with university policy. Violation of university policy by a student while on disciplinary probation, as well as any sufficiently severe violation, may result in more severe disciplinary action, including separation from the university. Students on a probationary status may not be eligible for participation in student activities, intercollegiate athletics, awards, prizes, or scholarships, when conduct acceptable to the university is a condition of such participation.
   3. University Suspension: Temporary separation of the student from the university for a specific period of time, after which the student is eligible to return. Conditions for return may be specified. Suspension excludes the student from registration, class attendance, extracurricular activities, and use of university facilities during the specified period of time. 
   4. University Dismissal: Permanent separation of the student from the university. Dismissal excludes the student from registration, class attendance, and use of university facilities with no promise (implied or otherwise) that the student may return at a future time. Use of university facilities is prohibited without authorization from the Office of the Dean of Students. 
   5. Educational Activities: Educational activities include programs and assignments designed to increase awareness and education about the impact of misconduct on self and community. This may include, but is not limited to, modules, assigned papers, mediation, community service, workshops, or meetings with appropriate university personnel. 
   6. Loss of Privilege: The withdrawal of a university privilege including but not limited to use of services, participation in a program, event, or activity for a specified period of time, or removal from an appointed position of authority. 
   7. Loss of Recognized Student Organization/Club Status: The withdrawal of all privileges identified within the student club/organization protocols for a specified period of time. 
   8. Restitution: Requires payment for damages to, or misappropriation of, university property, or the property of visitors to, or members of, the university community. Such restitution may be charged to any student who alone, or through group conducted activities, organizes or knowingly participates in the events causing the damages or costs. 
   9. Housing Probation: University Housing probation is a specific period of time during which a student must conduct themselves in a manner consistent with university and housing policy. Failure to comply with the terms of probation or future violations while on probation may result in in more severe disciplinary action, including removal from university housing. 
   10. Housing Suspension: Temporary separation of the student from university housing for a specific period of time, after which the student is eligible to return. Conditions for return may be specified.
   11. Housing Expulsion: Permanent separation of the student from university housing.

7. Student Rights 

   Students shall be afforded certain due process protections and procedural rights, including, but not limited to: notification of the alleged violations, an opportunity to respond to the allegation of misconduct, the right to an unbiased decision maker, the right to have an advisor/support person, and request an appeal. The full list of student rights shall be published in the Student Handbook.

8. Student Records 

   Student conduct records are maintained in accordance with the Student Records Policy (12), as well as applicable federal and state laws. All case information, including hearing outcomes and any assigned sanctions, is part of a student’s educational record and shall not be disclosed except to those who have a legitimate educational need to know, or as permitted or required under FERPA, the Clery Act, or any other legal mandate.

Acknowledgement

The university acknowledges and credits the following peer institutions and professional organizations in the re-writing the document: Eastern Illinois University, Southern Illinois University Edwardsville, Northeastern Illinois University, The NCHERM Group, and the Association of Student Conduct Administration.