Code of Student Conduct

Table of Contents

1. Coverage

2. Rationale

3. Interpretation of Code

4. Inherent Authority

5. Violations of Law and of This Code

6. Standard of Proof

7. Definitions

When used in this code->

8. Prohibited Conduct

The following non-academic misconduct is subject to disciplinary action:
8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, 8i, 8j, 8k, 8l, 8m, 8n, 8o, 8p, 8q, 8r, 8s, 8t, 8u, 8v, 8w, 8x, 8y, 8z, 8aa, 8bb

9. Discipline Procedures

9.1 Suspension Pending Investigation

9.2 Hearing Procedures

9.3 Hearing Decision

9.4 Disciplinary Measures

9.5 Separation from the University

10. Appeals

10.1 Separation from the University Pending Appeal

10.2 University Student Appeals Board

10.3 Appeals Decision

10.4 Expulsion

1. Coverage

The Code of Student Conduct is the University's policy regarding non-academic discipline of students. Academic discipline of students is not covered by this Code, but rather falls within the jurisdiction of the individual academic units of the University.

Code of Student Conduct subject to change in accordance with university procedures.

2. Rationale

The primary purpose for the imposition of non-academic discipline in the University setting is to protect and preserve a quality educational environment in the campus community. The University is not designed or equipped to rehabilitate students who do not abide by this Code. It may be necessary to remove those students from the campus and to sever the institutional relationship with them, as provided in this Code.

3. Interpretation of Code

The University's Code of Student Conduct is set forth in writing in order to give students general notice of non-academic prohibited conduct. The Code should be read broadly and is not designed to define non-academic misconduct in exhaustive terms.

4. Inherent Authority

The University reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Code applies to incidents that take place on University premises or at University-sponsored activities.

When the University is notified, the Vice President for Student Affairs, in consultation with the Provost, may determine that acts prohibited by the Code but not committed on University premises could also be grounds for disciplinary action. Such action will be taken if a student has acted in a way that substantially interferes with or endangers the University community, or behavior with significant potential to disrupt the educational environment. Such acts include, but are not limited to, drug trafficking offenses and acts or threats of violence against persons.

5. Violations of Law and of This Code

Students may be accountable to both civil authorities and to the University for acts which constitute violations of law and of this Code. Those accused of violations are subject to the University disciplinary proceedings outlined in this Code during the pendency of any criminal or civil proceedings, or of any other University proceedings, regarding the same conduct. Accused students may not challenge the University disciplinary proceedings outlined in this Code on the grounds that criminal charges, civil actions, or other University proceedings regarding the same incident are pending or have been terminated, dismissed, reduced, or not yet adjudicated. The University will refer matters to Federal and/or State authorities for prosecution when appropriate.

6. Standard of Proof

The standard of proof for incidents of non-academic misconduct shall be a preponderance of evidence. Preponderance of evidence shall be defined as evidence that a reasonable person would find persuasive or more likely than not to have occurred.

7. Definitions when used in this Code

a. The term "consent" means freely given agreement by a competent person. A person is deemed incompetent to give consent when that person is under such an incapacitation that he or she does not appreciate the nature of the consent.

b. The term "distribution" means giving, selling, or exchanging.

c. The term "group" means a number of persons who are associated with each other and who have not complied with University requirements for recognition as an organization.

d. The term "intentionally" means a conscious objective to engage in the described conduct; intoxication is not a defense to a charge of intentional misconduct.

e. The terms "notify in writing" or "transmit in writing" mean to mail written notice to the student's most recent address of record or to hand written notice to the student in person.

f. The term "organization" means a number of persons who have complied with the University requirements for recognition.

g. The term "reckless" means conduct which could reasonably be expected to create a substantial risk of harm to a person(s) or property, or which would be likely to result in interference with normal University or University-sponsored activities.

h. The term "sexual conduct" means sexual intercourse, anal intercourse, fellatio, cunnilingus, touching of the genitals, breast, buttocks, or inner thighs or any other physical conduct or touching of a sexual nature.

i. The term Discriminatory Harassment means

1. Behavior of any type (oral, written, graphic, physical) that creates a "hostile environment." Hostile environment harassment includes, but is not limited to, unwelcome comments or conduct that have the purpose of unreasonably interfering with an individual's work or academic performance, participation in a sponsored university activity, or creating an intimidating, hostile or offensive working or learning environment that a reasonable person would find threatening or intimidating;
2. The behavior is directed at persons because of their race, color, national or ethnic origin, religion, gender (whether or not sexual in nature), age, disability, veteran status, or sexual orientation, unless otherwise permitted or required by applicable law; or
3. Employment or academic decisions made in retaliation for a person's unwillingness to submit to such conduct, or benefits or privileges provided as a result of such submission; or participation in a university, state, or federal discrimination investigation AND, which also unreasonably interferes with the person's work or academic performance or participation in university activities, or creates a working or learning environment that a reasonable person would find threatening or intimidating.

j. The term "student" means any person taking courses at the University, either full time or part time, pursuing undergraduate, graduate, or extension studies on a regular quarter, semester, or summer-term basis.

k. The terms "University" and "institution" mean the University of Louisville.

l. The term "University premises" means buildings, grounds owned, leased, operated, controlled, or supervised by the University.

m. The term "University-sponsored activity" means any activity, on or off campus, which is funded or supervised by the University.

n. The term "weapon" means any object or substance designed to inflict a wound, cause injury or incapacitate including, but not limited to, any weapon from which a shot readily capable of producing death or serious injury may be discharged; any knife other than an ordinary pocket knife; billy or nightstick; blackjack or slapjack; nunchaku karate stick; shuriken or death star; and artificial knuckles made from metal, plastic or similar hard material.

o. The term "days" means business days as defined by the University calendar.

p. The term "week" means five (5) business days as defined by the University calendar.

q. The term "hearing official(s)" means person(s) designated by the Dean of Students Office to hold an administrative hearing.

r. The term "University resources" means supplies, equipment, or technology services (e.g., computers, disk storage, software, voice communications (local or long distance,) network) which are owned, leased operated, controlled, supervised, or provided by the University via University supplied resources. These resources may be funded in part by state funds.

8. Prohibited Conduct

The following non-academic misconduct is subject to disciplinary action:

a. Intentionally or recklessly causing physical harm to any person on University premises or at University-sponsored activities, or intentionally or recklessly causing reasonable apprehension of such harm.

b. Unauthorized use, possession, or storage of any weapon on University premises or at University-sponsored activities.

c. Intentionally initiating or causing any false report, warning, or threat of fire, explosion, or other emergency on University premises or at University-sponsored activities.

d. Intentionally or recklessly interfering with normal University functions and processes, University-sponsored activities, or any function, process or activity on University premises including, but not limited to, studying, teaching, public speaking, research, University business operations, processes or administration, or fire, police, or emergency services.

e. Knowingly violating the terms of any disciplinary sanction imposed in accordance with this policy.

f. Intentionally or recklessly misusing or damaging fire or other safety equipment.

g. Unauthorized distribution, possession, or use of any controlled substance or illegal drug, as defined by the Kentucky Revised Statutes, Chapter 218A, on University premises or at University-sponsored activities.

h. Providing alcoholic beverages to individuals under 21 years of age, or possession or use of alcoholic beverages by individuals under 21 years of age, on University premises or at University-sponsored activities.

i. Unauthorized possession of an open container of an alcoholic beverage on University premises.

j. Unauthorized distribution of alcoholic beverages or possession of alcoholic beverages for purposes of distribution on University premises or at University-sponsored activities.

k. Misrepresenting information or furnishing false information to the University.

l. Forgery, alteration, misrepresentation, counterfeiting, or misuse of any University (1) document, (2) identification/authentication method/mechanism or (3) access device/process.

m. Intentionally and substantially interfering with the freedom of expression of others on University premises or at University-sponsored activities.

n. Theft or misuse of property or of services on University premises, at University-sponsored activities, or from University organization(s) or group(s), or knowing possession of stolen property or use of stolen services on University premises, at University-sponsored activities, or from University organization(s) or group(s).

o. Intentionally or recklessly destroying or damaging University property or the property of others on University premises or at a University-sponsored event, or other conduct which is intentionally disorderly or indecent.

p. Failure to comply with the directions of University officials, including campus police officers acting in the performance of their duties.

q. Violation of any government laws or ordinances, or of any University rules, regulations, or policies as approved by the officers of the University. Such University rules, regulations, or policies shall include, but not be limited to, the Code of Student Rights and Responsibilities, the Computer Security and Account Policies, the residence hall contract, regulations relating to entry (opening and closing hours) and use of University facilities and resources, traffic and parking regulations, sale, consumption or misuse of alcoholic beverages, and misuse of identification cards.

r. Unauthorized presence on or use of University premises, facilities, or property including camping, building a fire, or use of an unauthorized heating, cooking or electrical devices.

s. Unauthorized use or possession of fireworks or incendiary, dangerous, or noxious devices or materials on University premises or at University-sponsored activities.

t. Engaging in intentional conduct directed at a specific person(s) which seriously alarms or intimidates such person(s) and which serves no legitimate purpose. Such conduct may include, but is not limited to: 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(s) which are by common usage lewd, obscene, expose a person(s) to public hatred or that can reasonably be expected to have a tendency to cause acts of violence by the person(s) to whom the remark is addressed; communicating through electronic mail or other electronic means, or anonymously by voice or graphic means or making a telephone call whether or not a conversation ensues.

u. Intentionally engaging in sexual conduct with another person without the consent of that person, or if that person is a minor or incapable of consenting.

v. Engaging in discriminatory harassment.

w. Taking any action or creating any situation that recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization or group.

x. Intentionally exposing genitals, buttocks, or breasts in a public place on University premises or at University-sponsored activities without University authorization.

y. Appearing in a public place on University premises or at University-sponsored activities manifestly under the influence of a controlled or other intoxicating substance to the degree that there is danger to self, others, or property or there is unreasonable annoyance to person(s) in the vicinity.

z. Intentional or reckless interference with or disruption of University technology services or resources (e.g., computer disk storage, data, software, voice communications (local or long distance,) network), unauthorized use, misuse, abuse, alteration, disclosure or destruction of University technology services or resources, improper access to University technology services/resources, or violation of intellectual property (e.g., copyright) rights or restrictions of others.

aa. Intentionally filing a false complaint under this Code.

bb. Aiding or abetting any conduct described above.

9. Discipline Procedures

The general responsibility for non-academic discipline of all students enrolled in the University of Louisville shall be vested in the Office of the Vice President for Student Affairs. The Dean of Students Office has been delegated the responsibility of administering the Code of Student Conduct.

Anyone wishing to report an alleged incident on nonacademic misconduct, as specified in Section 8, may make such report in writing to the Dean of Students Office, which shall determine whether any action should be taken in response to the report. If it is determined that action should be taken, the Dean of Students or the Assistant Dean of Students or his or her designee(s) will decide whether to proceed by an informal meeting with the accused student or to proceed by a hearing.

The accused student shall be notified in writing of the charges, of whether the matter will be handled by an informal disciplinary conference or by a formal hearing, and of the date, time, and place of the conference or hearing. All matters which would result in a sanction less severe than separation will be resolved in informal disciplinary conferences unless the Dean of Students decides that a hearing is warranted.

All matters for which dismissal or expulsions are possible outcomes will be resolved in a formal disciplinary hearing. Students may waive their right to a hearing and may elect to have their case resolved through a discipline conference. However, if a student waives their right to a hearing, the full range of sanctions authorized by this Code may be imposed, and the right to appeal is forfeited.

Disciplinary hearing boards will be utilized in all formal hearings. The hearing boards will be composed of three members chosen from a pool of trained Hearing Council members. The hearing board will hear evidence and make recommendations regarding findings and sanctions to be imposed, if any, to the Dean of Students. Findings will be based on information contained in the hearing record as provided by the complainant and the accused. Board recommendations will be based on a majority vote.

9.1. Suspension Pending Investigation

If the presence of the accused student on campus is considered to constitute, in the opinion of the Dean of Students or his or her designee(s), a clear and present danger to the student, to others in the University community, or to the operation of the University, the Dean of Students or his or her designee(s) may exclude the accused student from the University premises immediately. The accused student and appropriate academic personnel shall be notified in writing of this suspension pending investigation, which shall not exceed fourteen (14) days.

9.2. Hearing Procedures

Whenever a hearing is to be held regarding an alleged incident of non-academic prohibited conduct, the accused student and the person reporting the alleged misconduct ("complainant"), if any, shall be given five (5) days written notice of the charges alleged against the accused student and of the date, time and place of the hearing. The hearing shall be conducted by the Dean of Students, the Assistant Dean of Students or his or her designee(s). The hearing shall be informal; strict rules of evidence shall not apply. The hearing shall be closed to everyone except the hearing official(s), appropriate Dean of Students Office staff, the accused student, the complainant, advisors to the accused student and the complainant, and witnesses during the actual time of their testimony.

The accused student and the complainant, if any, have the right to:

a. Be present at the hearing. However, if either or both of the student and the complainant fail to appear at the hearing, the hearing may be held in either or both of their absences.

b. Present evidence by witness, or by affidavit or written statement witnessed by the Dean of Students Office staff if a witness is unable to attend the hearing. It is the responsibility of the accused student and the complainant to notify their witnesses of the date, time, and place of the hearing. If witnesses fail to appear, the hearing shall be held in their absence.

c. Bring an advisor to the hearing. The advisor, however, may not participate in examination of witnesses or presentation of materials or information to the hearing official(s), unless asked to do so by the hearing official(s).

d. Question all witnesses who give evidence at the hearing.

9.3.3 Hearing Decision

If either the Dean of Students or the Assistant Dean of Students acts as the hearing official, he or she shall issue a written decision within ten (10) days after the date of the hearing.

If the hearing official(s) is a designee of the Dean or the Assistant Dean, the hearing official(s) shall make a written recommendation to the Dean of Students within three (3) days after the date of the hearing, indicating the recommended findings to be issued and the recommended disciplinary measure, if any, to be imposed. The Dean of Students shall review the recommendation and shall issue a written decision within ten (10) days of receiving the recommendation. A copy of the written decision ("hearing decision") and a Code of Student Conduct which specifies the rights to review and appeal shall be issued to the accused student. The complainant will receive notification of the hearing decision as allowed by law and institutional policy.

9.4. Disciplinary Measures

If it is determined at the informal meeting or hearing that the accused student has committed conduct prohibited in Section 8, the Dean and/or the Assistant Dean or Students shall impose an appropriate disciplinary measure from among the following:

a. Reprimand: Notice of violation of specified regulations and warning that further such conduct may result in a more severe disciplinary action.

b. Disciplinary Restrictions: Limiting of certain privileges or practices of the individual(s) involved in the offense.

c. Disciplinary Probation: Imposition of conditions or restrictions on the individual(s) involved, with warning of more severe action if further infractions occur (or if probation is violated).

d. Disciplinary Dismissal: Immediate exclusion from the University with student ineligible for readmission until the lapse of one or more regular terms, as specified.

e. Disciplinary Expulsion: Immediate, permanent exclusion from the University subject only to readmission by the Board of Trustees of the University as outlined in section 10.4.

Restitution, public service, counseling or other assessments, educational programs or other measures may also be required in appropriate circumstances.

The University of Louisville is a community dedicated to the principles of free expression in which diverse views are encouraged and embraced. Opinions that may be unpopular and/or contrary to the University's values and objectives, but do not otherwise violate policy, will not be sanctioned.

The University is equally committed to creating an environment that is free from intolerance. Therefore, when any violation of this Code is determined to be motivated by intolerance based on race, ethnicity, age, religion, gender, sexual orientation, disability, or national origin, the sanction(s) imposed will be increased in severity and may include separation from the institution.

9.5. Separation from the University

In any case which results in separation from the University, the Dean of Students Office shall so notify the dean of the academic unit in which the student has been enrolled and other appropriate University officials.

10. Appeals

The accused student or complainant may appeal the Hearing Decision issued against the accused student to the Vice President for Student Affairs or may elect a review by the University Student Appeals Board which shall make a recommendation to the Vice President for Student Affairs who will render a final decision on the matter if the Hearing Decision imposes dismissal, or expulsion on the student.

In order to request such an appeal, the student must submit a written request for either appeal ("Appeal Review" or "Student Appeal Board Review") to the Office of the Vice President for Student Affairs within ten (10) days of receiving the Hearing Decision of the Dean of Students.  This written request shall indicate which appeal option the student prefers. Both appeal options provided for in this subsection shall be decided upon the record of the original proceeding and upon written briefs submitted by the student and the Dean of Students Office.

Deference will be given to lower board decisions in appeal cases. The Vice President for Student Affairs or the Student Appeals Board will review the Hearing Decision to determine:

a. whether the hearing was conducted fairly and in accordance with the procedures outlined in this Code of Student Conduct;

b. whether there was a reasonable basis for the hearing decision;

c. whether the sanction(s) imposed were appropriate;

d. whether there is new evidence that was not known to the person requesting the review at the time of the hearing and that, if presented at the hearing, would more than likely have altered the hearing decision.

10.1. Separation from the University Pending Appeal

In cases where the discipline imposed on the student involves separation of the student from the University (dismissal or expulsion), the Vice President for Student Affairs may exclude the student from the University campuses during the pendency of the appeal, except for matters relating directly to and including the request for an "Appeal Review" or "Student Appeal Board Review" submitted to the Office of the Vice President for Student Affairs.

10.2. University Student Appeals Board

The University Student Appeals Board shall be composed of seven regular members, consisting of four faculty members elected by the Faculty Senate for staggered terms of two years, and three students elected by the Student Senate for terms of one year. The President of the University shall select one of the board's regular faculty members to serve as chair of the board. The chair shall vote only in the event of a tie in the voting by the other members of the board. Should a member become unable to serve, a replacement shall be elected by the appropriate Senate to complete the term. There shall also be three faculty members elected by the Faculty Senate to serve staggered two-year terms as alternate members, and three students elected by the Student Senate to serve one-year terms as alternate members. Insofar as possible, the faculty and student members shall be selected in such a manner as to be representative of the broad range of academic units at the University of Louisville.

Each time an appeal is taken, the chair will summon the regular panel. In the event that a regular member cannot be present, the alternate members shall be called until a full panel of four faculty and three students is constituted. If for any reason the chair cannot serve or disqualifies himself or herself, the board shall choose another regular faculty member to serve as chair for the purpose of that appeal. The recommendation of the board shall be transmitted in writing to the Vice President for Student Affairs for final action.

10.3. Appeals Decision

The Vice President for Student Affairs shall have the authority to:

a. Sustain the Hearing Decision of the Dean of Students, including the disciplinary measure imposed.

b. Sustain the Hearing Decision of the Dean of Students, but impose a lesser disciplinary measure.

c. Remand the case to the Dean of Students further consideration.

d. Reverse the Hearing Decision of the Dean of Students.

The decision of the Vice President for Student Affairs shall be transmitted in writing to the appealing student and to the Dean of Students within fourteen (14) days of the date of receipt of the recommendation from the University Student Appeals Board. The complainant shall be notified of the Appeal Review decision as allowed by law and institutional policy.

10.4. Expulsion Review

A student who has been expelled from the University may apply for special consideration for readmission after a period of not less than five (5) years. The former student must submit a written petition for readmission to the Office of the Vice President for Student Affairs. This written request must outline a strong justification for readmission. Additional pertinent documentation may also be required. The Dean of Students Office will respond to petitions with relevant information from the disciplinary file and the Code. The review will be based upon the written record.

The Vice President for Student Affairs will review and transmit the petition, along with a written recommendation, to the Board of Trustees for final action. Factors to be considered in review of such a petition shall include, but not be limited to:

1. The present demeanor of the petitioner
2. The conduct subsequent to the expulsion (documentation may be required)
3. The nature of the violation causing the expulsion and the severity of damage, injury or harm resulting from it

For further information contact: