Policy Author:
Student Affairs
Responsible Office – Department:
Student Affairs
Effective Date of Policy:
August 17, 2022
Policy Narrative
The students of Daemen University are viewed as adults and are expected to conduct themselves accordingly. The nature of the university environment requires this view, and various rules and regulations have been developed to support it. As adults, Daemen University students are responsible, not merely to avoid harming the University community, but rather to improve it, support it, and encourage its growth.
The administration, faculty, and students are all members of the University and together constitute a unique and self-sufficient community with shared values. Upon entering Daemen, students are expected to subscribe to these values and base their conduct—on-campus, off-campus, and online— upon those standards which the Daemen community sees as necessary to the proper exercise of scholarly endeavor (Code of Conduct).
This Code of Conduct reflects general principles of behavior accepted by society and by institutions of higher education. It also describes conduct about which Daemen University has made specific statements, rules, and regulations. This Code is managed under the auspices of the Division of Student Affairs and the respective Vice President in that area. Generally, the Assistant Vice President for Student Affairs & Dean of Students has direct responsibility for managing the implementation of the Code and its procedures as stated throughout this section. However, in certain circumstances, such as where the DOS is not available and/or has not assigned a designee, the responsibility for responding to incidents and reports falls to the Senior Vice President for Strategic Initiatives or designee.
All Daemen students (including those involved in Distance Learning) are responsible for knowing and following the Code of Conduct and the other regulations which are part of the Student Handbook and the University Catalog. The Student Handbook is online at the University’s website.
Administrative staff at the level of director and above may restrict students from areas or activities under their jurisdiction, pending resolution of a specific disciplinary complaint offered in writing to the Assistant Vice President for Student Affairs & Dean of Students.
Any faculty member has the authority to restrict a student from a classroom or other instructional area for the duration of the scheduled instructional period in which a violation of the Student Code of Conduct has occurred. Faculty chairpersons have the authority to restrict students from specific classes, other instructional activities, and faculty offices, pending resolution of a specific disciplinary complaint offered in writing to the Senior Vice President for Strategic Initiatives (or designee) or the Executive Vice President for Academic Affairs and Provost.
Instances of academic dishonesty or other violations of academic policy are handled in accordance with the policies set forth in the faculty member’s syllabus; departmental handbook, if any; and the Academic Honesty Policy of the University. Students wishing to appeal academic decisions made by faculty should consult the Grade Appeal Procedure section of the University Catalog and, if applicable, the stated policies and procedures of the academic department in which the concern has arisen.
Should a student’s presence on campus create a threat to the safety or well-being of other members of the Daemen University community, the University reserves the right to immediately suspend that student from campus until the time of a hearing. Additionally, the University reserves the right to resolve a case and sanction a student, including suspension, without a hearing where such action is deemed necessary or appropriate by the President of the University.
Nothing in this Code of Conduct precludes a faculty member from promptly removing a disruptive student from their classroom for the period of time needed to effectively resolve the issue and ensure a safe classroom environment that is conducive to the academic standards of the University.
Definitions
The following definitions refer to the Daemen University conduct review procedures and processes only:
- The term “University” means Daemen University;
- The term “student” includes both full-time and part-time students, whether pursuing undergraduate or graduate studies or taking courses as a non-matriculant. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered “students”;
- The term “University official” includes any person employed by the University or an out-sourced auxiliary service who performs assigned administrative or professional responsibilities, including conducting classroom activities;
- The term “Residence Life Staff” includes resident assistants, hall directors, the Assistant Director of Residence Life, and the Director of Housing and Residence Life;
- The term “member of the University community” includes any person who is a student, faculty member, University official or any other person employed by the University, including any University auxiliary service employee and vendors;
- The term “University premises” includes all land, buildings, facilities, and other property in the possession of, owned, used, leased, or otherwise controlled by the University;
- The term “University organization” means any number of persons who have complied with the formal requirements for University recognition/registration;
- The term “conduct review body” means any person or persons authorized to determine whether a student has violated the Student Code of Conduct and to recommend imposition of sanctions; exercise disciplinary action following a proper hearing. The University will exercise this right in cases where its reputation or orderly functions as an academic community are involved;
- The term “appellate body” means any person or persons authorized to consider the appeal of a conduct review body’s determination that a student has violated the Student Code of Conduct or the sanctions imposed by the conduct review body;
- The term “University policy” is defined as the written regulations of the University as found in, but not limited to, the Student Handbook, and the University Catalogs;
- The term “hearing officer” means the person present during conduct review hearings responsible for ensuring that due process, as defined by the Student Handbook, is followed. The hearing officer in Campus Standards Board hearings is the chair. In all other hearings, one individual serves as both the hearing officer and the “conduct review body.”
- The term “investigation” refers to any fact-finding process implemented by the University in order to gather any and all relevant information needed to determine the extent to which a violation of the Student Code of Conduct may have occurred. An investigation may be conducted before formal charges are issued in order to determine if sufficient information exists to warrant said charges.
Jurisdiction of the University Conduct System
The University Conduct System will hear complaints concerning student violations of University policy or regulations whenever the conduct in question occurs in any of the following circumstances:
1. If it occurs on the campus or in any University facility;
2. If it occurs while the student who is charged was attending or participating in any University-related activity, including but not necessarily limited to study abroad, field trip, experiential learning of any kind (including internships, clinical placements, and service learning), social event, or activity sponsored by a recognized student organization; or
3. If the conduct, whenever and wherever it occurs, including via online media, calls into question the student’s suitability as a member of the University community. Unlawful acts of violence, violations of another’s civil rights, hazing, the unlawful sale or possession of drugs, the unlawful use of alcoholic beverages and crimes against persons or property, and/or alleged violent felony offenses, are examples of conduct that will subject a student to the conduct review system regardless of where the conduct occurs. In cases involving student behavioral problems that occur off campus, the University reserves the right to initiate disciplinary action in the interest of preserving its reputation and orderly functioning. The fact that a student’s conduct may also constitute a crime in violation of local, state, or federal law does not limit the ability of the University to discipline the student for that conduct. The University, therefore, reserves the right to submit a complaint to the conduct review system even if the same conduct is or may become the subject of a criminal case.
Purpose of this Policy
To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen University Community members feel safe, valued, and respected.
This policy’s virtual location is https://www.daemen.edu/student-life/student-affairs/student-handbook/section-8-student-code-conduct-and-procedures
Scope and Applicability of this Policy:
Student Affairs adapts the idea of community standards – through our General Policies, Residential Policies, and the Student Code of Conduct – and attempts to enlighten, not only the student body, but the entire Daemen community, on the value and vision of the university to ensure that we achieve our mission and commitment to education.