Student Code of Conduct

Preamble


Dominican University of California, for the reason of its ideals and humanistic commitment, expects from its students behavior which aligns with its commitment to the Dominican ideals of its founding.  This Student Code of Conduct serves to guide all students in understanding and thriving by the commitments of respect for all. It is the right of all students at Dominican University of California to have a safe, comfortable and education experience during their time enrollment; similarly, all students share the responsibility of ensuring that their actions contribute to a community of scholarship and academics.


  


 

The complete Student Code of Conduct can be found within the STUDENT HANDBOOK.



CODE OF CONDUCT

 

1. Definitions

1.1. The term “Student Code of Conduct” = includes the Student Handbook and all University policies and procedures applicable to students.

1.2. The term “University” means Dominican University of California.

1.3. The term “student” includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate or professional studies. Persons admitted to the University are considered students and remain so as long as the student has a continuing educational interest in the University. 

 1.4. The term “faculty member” means any persons employed by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.

 1.5. The term “University official” includes any person employed by the University performing administrative or professional responsibilities.

 1.6. The term “complainant” means any person who submits a charge alleging a violation of the Student Code of Conduct.

1.7. The term “respondent” means any student alleged to have violated the Student Code of Conduct.

1.8. The term “member of the Dominican Community” includes any person who is a student, faculty, University official or any other person employed by the University. The Dean of Students (or designee) will have the final determination of a person’s status in a particular conduct situation.

1.9. The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University.

1.10. The term “organization” means any number of persons who have complied with the formal requirements for University recognition.

1.11. The term “Office of the Dean of Students” means the persons responsible for the administration of the Student Code of Conduct. Typically, these persons include the Dean of Students, Associate Dean of Students, their designees, and the designated Student Conduct Administrator. 

 1.12. The term “Student Conduct Administrator” means a University official authorized on a case-by-case basis by the Dean of Students to investigate and to impose sanctions upon any student(s) found to have violated the Student Code of Conduct. Typically, the Student Conduct Administrator is the Associate Dean of Students.

1.13. The term “Appellate Designee” means any person or persons authorized by (and including) the Dean of Students to consider an appeal from an open conduct case.

1.14.The term “will” is used in the imperative sense.

 1.15.  The term “may” is used in the permissive sense.

 1.16. The term “policy” means the written regulations of the University as found in, but not limited to, the Student Code of Conduct, Residence Life Handbook, the University website, and University catalogs.

 


 

2. Applicability of Policies and Standards

2.1.       The Student Code of Conduct is applicable to all students. Enrollment at the University implies acceptance of these policies and procedures. Students are responsible for being aware of the Student Code of Conduct and for following it accordingly.

2.1.1.     The University may investigate and hold students responsible for behavior that takes place off-campus.  

2.1.2.     Students are responsible for their own behavior and actions and may be held accountable for the behavior and actions of their guests. It is the responsibility of students to inform their guests on campus or at campus events of the policies, procedures, and social standards in place at Dominican University of California.

2.2.       The Student Code of Conduct will be interpreted in a manner consistent with the mission and values of the University.

2.2.1.     The Dean of Students (or designee) will resolve any questions involving the application or interpretation of the Student Code of Conduct, policies, procedures, rules and expectations presented in this handbook and on the University website. In such instances, the decision of the Dean of Students (or designee) will be final and binding.

2.3.       Dominican University of California reserves the right to update and revise the policies, procedures, and general information described in this student handbook at any time and without prior notification. The University makes every attempt to ensure that the information contained within this handbook is correct; however, it cannot guarantee absolute accuracy.

2.4.       Students must check their Dominican email accounts and the University website regularly for updates to policies, procedures, and other information.

 


 

3. Student Code of Conduct Authority

3.1.       The administration of the student conduct system is the responsibility of the Office of the Dean of Students. Typically, the Associate Dean of Students serves as the Student Conduct Administrator responsible for developing policies for the execution of the student conduct system and the procedural rules for Conduct Hearings that are consistent with the provisions of the Student Code of Conduct. Final decisions or outcomes by the Student Conduct Administrator will be final, pending the normal appeal process.

3.2.       To encourage reporting of misconduct and crimes, or to encourage students to seek help when there exists a need for medical assistance, the Student Conduct Administrator may choose to offer students (who, in good faith, report such incidents) amnesty from minor policy violations related to the incident.

 


 

4. Proscribed Conduct

4.1.  Conduct Rules and Regulations

Any student found to have committed or to have attempted to commit the following misconduct is subject to the Student Conduct process outlined in Section 7.

4.1.1.     Abuse of the Student Conduct System – includes, but is not limited to:

      • Falsifying, distorting, or misrepresenting information at any time in the student conduct process.
      • Disrupting or interfering with a Student Conduct hearing.
      • Initiating of the Student Conduct process in bad faith.
      • Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
      • Failing to comply with sanctions.
      • Influencing or attempting to influence another person to commit an abuse of the Student Code of Conduct Procedures.

4.1.2.     Alcohol Use, possession, manufacturing or distribution of alcoholic beverages (except expressly permitted by University regulations) or excessive intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one years of age. Common sources (i.e. kegs, coolers, etc.) are not permitted.

4.1.3.     Controlled Substances/Drugs - Use, possession, manufacturing, or distribution of marijuana, narcotics, heroin, or other controlled substances (includes paraphernalia).

4.1.4.     Discrimination/Harassment/Sexual Misconduct (NOTE: Please see the complete and detailed Discrimination, Harassment, and Sexual Misconduct Policy on the University Website)

 Discrimination is defined as conduct that prevents equal access to the University's resources and opportunities on the basis of the person’s race, color, national or ethnic origin, religion, age, sexual orientation, gender identity, marital status, veteran status, physical or mental disability, or perceived membership in any of these classifications.

 Harassment is defined as conduct that is severe and/or pervasive and objectively offensive, such that it substantially impairs a person's access to University programs or activities on the basis of the person’s race, color, national or ethnic origin, religion, age, sexual orientation, gender identity, marital status, veteran status, physical or mental disability, or perceived membership in any of these classifications.

 Sexual Misconduct is defined as any discrimination, harassment, or abuse on the basis of sex, and includes, but is not limited to:

      • Sexual assault, sexual battery, rape or statutory rape
      • Inappropriate or unwarranted touching or fondling.
      • Dating or Domestic Violence
      • Stalking
      • Sexual Exploitation

4.1.5.     Dishonesty – Forms of dishonesty, including, but not limited to; fabrication of information, bribery, furnishing false information, or reporting a false emergency.

4.1.6.     Disorderly Conduct - Disorderly conduct includes, but is not limited to: conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting or procuring another person to breach the peace on the University premises or at functions sponsored by, or participated in by, the University or members of the academic community.

 4.1.7.     Failure to Comply - Failure to comply with the directives of a University official or law enforcement officers acting in the performance of their duties and/or failure to identify oneself to the persons when requested to do so.

 4.1.8.     Hazing - Hazing, defined as an act which endangers the mental, emotional or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are in violation of the student code.

 4.1.9.     Misuse of Electronic Resources Theft, improper use or abuse of social media or computer facilities and resources, including, but not limited to:

      • Unauthorized transfer of a file.
      • Use of another individual’s identification and/or password.
      • Use of computing facilities and resources to interfere with the work of another student, Faculty member or University Official.
      • Use of computing facilities and resources to interfere with the normal operations of the University computing system.

4.1.10.  Obstruction of University Functions - Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the University and/or infringes on the rights of the other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

4.1.11.  Physical Abuse - Physical abuse, coercion and/or conduct that threatens or endangers the health or safety of any persons.

 4.1.12.  Retaliation – Verbal, physical, or emotional abuse from a respondent that targets, directly or indirectly, a complainant, victim, or witness in response to their participation in the student conducts process.

 4.1.13.  Theft - Attempted or actual theft of and/or damage to property of the University or property of a member of the University or other person or public property, on or off campus.

 4.1.14.  Unauthorized Audio/Video Recording - Unauthorized use of electronic or other devises to make an audio or video record of any person while on University premises without that person’s prior knowledge.

 4.1.15.  Unauthorized Conduct - Unauthorized entry or use of University premises or unauthorized possession, duplication or use of keys to any University premises. Unauthorized destruction, or damage to University property or other property in the University community.

 4.1.16.  Verbal Abuse - Verbal abuse, threats, intimidation, and/or conduct that verbally threatens or endangers the health or safety of any persons.

 4.1.17.  Violation of Law - Violation of any federal, state or local law.

 4.1.18.  Weapons - Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises or use of such item, even if legally possessed, in a manner that harms, threatens, or causes fear or undue stress to others.

 4.1.19.  Other University Policies - Violation of any University policy, rule or regulation published in hardcopy or available electronically on the University website.

4.2.       Violation of the Student Code of Conduct

4.2.1.     When a student engages in actions or behaviors that potentially violate the Student Code of Conduct, the Student Code of Conduct Procedures will proceed without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.

4.2.2.     Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus at the discretion of the Dean of Students (or designee).

4.2.3.     Determinations made or sanctions imposed under this Student Code of Conduct will 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.


 

5. Student Policies

The University has developed and adopted the following policies and procedures to govern students at Dominican University of California in conjunction with the Student Code of Conduct. In some instances, the University has adopted broad policies reflecting a universal concern (ex: prevention of discrimination or harassment), which govern all members of the University community. Students are reminded that the University reserves the right to modify or amend policies at any time. Students should review any email announcement and the Rights and Responsibilities website for updated information

5.1.  AIDS PolicyDominican University trustees have approved the adoption of the American College Health Association (ACHA) revised guidelines in responding to AIDS. The ACHA guidelines are derived from the best currently available information about HIV infection and AIDS, and apply to all students, faculty, and staff infected with the HIV virus. For more information please visit the Student Health Center located in Bertrand Hall.

 5.2.  Animal PolicyThe University does not permit students to bring animals of any kind into campus buildings or to outdoor events unless the animal is designated as a “service animal.” Documentation for student use of a service animal on campus must be submitted to and approved by the Office of Accessibility and Disability Services or the University.

5.3.  Alcohol PolicyNOTE: Please see addendum for information about alcohol/drug education and support

 Dominican University of California, in adhering to the laws of the State of California, permits the possession and consumption of alcoholic beverages only by those students who are 21 years of age and older. The University does not permit the possession or consumption of alcoholic beverages by those students under the age of 21 at any time. Alleged violations of these policies will likely result in the immediate disposal of all alcoholic beverages and subsequent referral for conduct action.

 Violations of the Alcohol Policy may result in a fine placed on the student account (in addition to other sanctions). Fines will be assessed based on these guidelines.

5.3.1.     Level One Violation - $100: Level One violations are disruptive to the community, but usually are not serious enough to warrant action by civil authorities. Examples of a Level One violation include the drinking and/or possession of alcoholic beverages (on their person or in their room) by a student under the age of 21, or the possession of false identification for the purpose of purchasing/supplying alcohol.

 5.3.2.     Level Two Violation - $200: Level Two violations represent health/safety risks, significant disruption to the community, and may warrant action by civil authorities. Level Two violations include, but are not limited to, threats of harm to self or others through excessive intoxication, possession or use of common source alcohol (i.e. kegs), supplying alcohol to underage individuals, rude, offensive, or abusive behavior toward others.

 5.3.3.     Level Three Violation - $500: Level Three violations are the most serious violations and often constitute illegal actions. If pursued by civil authorities, these violations may result in civil action being taken against the student. Examples of Level Three violations include, but are not limited to, forcing or coercing others to consume dangerous amounts of alcohol, extreme physical harm to others, significant property damage, or other actions requiring the presence of law enforcement officials.

5.4.  Controlled Substance/Drug PolicyDominican University of California students (and their guests) are expected to abide by all university policies, federal and state laws and mandates, and any city ordinances relative to the possession of drugs and drug paraphernalia. Violations of the Drug Policy will result in referral to the conduct process.

 Medical Marijuana:Whereas the State of California does permit the use of marijuana for medical purposes (and only for those with lawfully issued medical marijuana cards), federal laws and regulations prohibit the possession, use, cultivation, distribution, or sale of marijuana on the premises of educational institutions that receive federal funding. As Dominican University of California is a recipient of federal funding, and in compliance with the Drug Free Schools and Community Act, the University does not allow the possession or use of marijuana on campus property for any reason.

Violations of the Controlled Substance Policy will result in a fine placed on the student’s account in addition to any other sanctions issued. The funds will be directed to drug programming and education. Fines will be assessed based on these guidelines.

5.4.1.     Level One Violation - $100: Level One violations present a risk to the student(s) involved and may warrant action by civil authorities. Example of a Level One Violation include, but not limited to, the possession of drug paraphernalia or objects/materials that could be used as drug paraphernalia.

 5.4.2.     Level Two Violation - $200: Level Two violations represent an egregious violation of policy and present both significant health and safety concerns. These violations are disruptive to the community and may warrant action by civil authorities. Level Two violations may include the possession and/or use of any controlled substance or illegal drug (regardless of quantity) including seeds and/or residue, and/or illegal use/sharing of prescription or other legal drugs.

 5.4.3.     Level Three Violation - $500: Level Three violations are the most serious and may be reported and pursued by civil authorities. Examples include possession of large quantity and/or the actual or attempted sale; distribution, cultivation, or manufacture of any controlled substance, illegal drug and/or drug paraphernalia. Level Three violations may lead to University Expulsion

5.5.  Campus Access Policy: As a private institution, Dominican’s campus is not generally open to persons who are not members of the Dominican University of California community, meaning persons who are not currently faculty, staff, or students. Public participation in activities involving the use of University facilities and property is permissible through one of five avenues:

    • Renting Dominican facilities through a documented contract
    • Explicit invitation to activities unambiguously open to the general public (such as athletic events or public lectures)
    • Implicit invitation (ex: use of walkways/roads generally available to the public)
    • Participation in University-sponsored or sanctioned programs (such as continuing education or athletics department programs)
    • Private invitation as the guest of a specific member of the Dominican community.

While on campus, individuals and organizations are responsible for obeying Dominican’s rules of conduct, as well as local, state and federal law. The University reserves the right to restrict the general public’s access to specific buildings/areas and to determine who can and cannot use its facilities or be present on its property.

Persona Non-Grata: Violation of Dominican’s stated policies, procedures, or community standards may result in an individual or organization being declared “persona non grata” and removed from the University. Persona non grata is defined as a person or organization whose behavior is such that the University cannot allow them access to University property. Considerations will include, but are not limited to, whether the individual or organization poses a threat to themselves, others, University property, or if they are considered a disruption to the regular and/or essential operations of University activities or facilities.

Once an individual or organization has been declared persona non grata, they may not return to campus without express written authorization from the University Administration. If an individual or organization who has been declared persona non grata is found on Dominican’s property, they will be considered to be unlawfully trespassing and may be removed by the appropriate law enforcement officials. The University reserves the right to take any necessary legal action against a person or organization declared persona non grata and found trespassing on University property. Regardless of whether an individual or organization has been declared persona non-grata¸ anytime an individual is deemed to have violated a criminal law, the individual may be charged and referred to the criminal justice process.

5.6.  Demonstration Policy: The University has an atmosphere conducive to genuine understanding and mutual respect among all members of the Dominican community. Open and honest communication is an essential contributing factor if such an atmosphere is to remain a reality. After all other means of communication have been tried and found wanting, demonstrations will be permitted as a mode of free expression of opinion so long as they are orderly and the rights of others are respected. Demonstrations or protests which in any way infringe upon the rights of others or which disrupt the normal educational process of the University cannot be tolerated. If the University Administration determines that a demonstration or protest is disruptive and/or is in violation of the rights of others, appropriate action will be taken.

5.7.  Discrimination, Harassment, and Sexual Misconduct Policy: Dominican University of California is firmly committed to being a community in which students, faculty, and staff are consistently treated with both consideration and respect, and are protected from unlawful discrimination, harassment, and sexual misconduct. In accordance with federal and state law, University Policy prohibits discrimination or harassment based on:

    • Age
    • Color
    • Ability (physical, mental, medical condition)
    • Family Status (marital, pregnancy, child-birth and/or related conditions)
    • Gender or Gender Expression
    • Genetic Information
    • National Origin or Ancestry
    • Race or Ethnicity
    • Religion or Religious Creed
    • Sex
    • Sexual Orientation
    • Veteran Status
    • Any other status protected by law

NOTE: The complete and detailed policy – including procedures for reporting and the investigation process – can be found as an appendix in this handbook

5.8.  Hazardous Materials Policy: Dominican University uses many chemicals and substances that require special handling, storage, deployment and disposal in our chemical laboratory operations, maintenance, and cleaning functions. Federal regulations and our local OSHA authorities require that the campus implement a Hazard Communication Program to alert our campus to the presence of these substances and any potential risk of exposure. Should you see any procedures that appear questionable, products in use whose properties you question, or the mishandling of a chemical, please immediately bring the matter to the attention of a laboratory manager or supervisor and provide documentation in writing. The sale, manufacture, or unauthorized possession and/or maintenance of hazardous or toxic substances on University property is prohibited.

5.9.  Identification Card (Penguin Pass) Policy: All Dominican University of California students are expected to obtain a Penguin Pass from the Information Technology Department. Students must carry their card with them at all times when on campus, and, when asked, should provide it to any University employee or agent (including Resident Advisors and Campus Security). Students should safeguard their Penguin Pass and should not give it to others.

5.10. Medical Amnesty Policy: In situations where there is a medical emergency as a result of violation of policy (ex: alcohol or drug use) the University encourages individuals to seek medical assistance for themselves or others. If an individual seeks such medical attention, the University may not pursue student conduct sanctions against the student for violations of the Alcohol and Drug Policy of the Student Code of Conduct. Additionally, those students who assist in obtaining medical attention for others may not receive sanctions for violations student policy or the Student Code of Conduct. This policy does not grant amnesty to those who are charged with possession with intent to distribute drugs. This policy does not prevent action by police or other law enforcement personnel.

Application of Medical Amnesty to Student Organizations: In circumstances where an organization is found to be hosting an event where medical assistance is sought for a member or guest, the organization (depending upon the circumstances) may be held responsible for violations of the Alcohol and Drug Policy. However, the organization’s willingness to seek medical assistance will be viewed as a mitigating factor in determining a sanction for any violations of policy.

5.11.  Missing Persons Reporting Policy: In compliance with the Higher Education Act, Dominican has established a missing student notification policy and procedure for resident students. Resident students have the option to provide confidential contact information for a person to be notified in the event the student is officially reported as missing. This information is provided on the residence hall emergency contact form. Should you have concerns about an individual who may be missing, please speak to Campus Security, the Housing and Residence Life Coordinator, or the Associate Dean of Students. These individuals will assess the situation and take appropriate action.

If it is determined that a student for whom a missing person report has been filed has been missing for more than 24 hours, then within the next 24 hours, the University will take the following action:

    • Notify the individual identified by the student to be contacted in this circumstance
    • If the student is under 18 years old (and not emancipated), notify a parent/guardian
    • If the student is over 18 (or under 18 years old and emancipated) but has not identified a person to be contacted, notify appropriate law enforcement officials.

 

5.12. Parental Notification Policy: Dominican is committed to fostering the holistic development of all students. Part of the development process entails students being autonomous in their decision-making and thinking critically about, and reflecting upon, certain choices and actions. However, there are times when choices and actions pose a significant health risk to the student or place the student in harm’s way; or worse yet, endanger the welfare of the campus community. If a student chooses to act in a way that endangers themselves and/or puts the campus community in harm’s way, the University reserves the right to contact parents/guardians to discuss concerns and explore possible resolutions.

5.13. Parking Policy: It is the responsibility of the person parking their vehicle to read and follow the instructions of all parking/traffic signage. Please note that the University and the San Rafael Police Department strictly enforce parking. Vehicles parked out of compliance will be tagged with a violation sticker AND/OR TOWED at the vehicle owner’s expense. There is no warning prior to a vehicle being towed. Repeat parking violations may also result in a referral to the conduct process, which can result in additional fines and/or sanctions including permanent loss of campus parking privileges. 

Parking is NOT PERMITTED in the following areas: 

    • In front of neighborhood homes adjacent to campus
    • At a red curb or in a loading zone (yellow curb)
    • In a time restricted zone for longer than the posted time
    • In handicapped parking spaces without displaying proper license or placard
    • In any area where a designated permit is required (includes Acacia Avenue)
    • In a numbered residence hall space
    • In a driveway, fire lane, or in front of a fire hydrant
    • In a pedestrian walkway or path
    • On a lawn or on any landscaped area
    • On any other no parking designated area

Residence Hall Parking Guidelines: Residence hall parking spaces (those with numbers painted in the stall) are assigned to resident students. Vehicles parked in any of these spaces will have specialized resident parking decals visibly posted at all times. Resident students with assigned spaces parked elsewhere on campus are essentially taking up two spaces and will be cited if not parked in their designated numbered space. Vehicles illegally parked in any residence hall space will be towed at the owner’s expense.

 Townhome Parking Guidelines: Students living in the townhomes are not assigned parking spaces; it is the responsibility of the residents to determine who will park in the garages. There is no parking in the driveways (in front of garage doors) at any time.

5.14. Political Activity Policy: Because of the laws under which it receives a tax exemption as an educational, non-political organization, the University recognizes the need for guidelines for the use of University facilities, the University name, and the University seal where political activity or involvement is concerned. While establishing these guidelines, the University also affirms that education must be an active, on-going process whereby individuals become aware of the social, economic, political, and legal issues that influence their lives and the environment in which they live. Individuals seeking to alter these conditions in ways they believe to be beneficial to the society as a whole and/or to themselves will, of necessity, become politically involved. Dominican encourages all members of the University community to be informed and active participants in the democratic process. However, the University and its various recognizable components must remain officially neutral on political issues and must also provide a place for persons of various persuasions to present their opinions.

Political Activity Policy for Student Organizations: All student organizations must be registered with, and recognized by, the University through the Office of Student Life, and they must comply with the Political Activity Policy found in this Handbook. Endorsement of a particular candidate by a registered student organization is not permissible and the University will not register student organizations that have as a goal the support of a particular political candidate. No politicians are to be invited to campus for any reason without express permission from the University President. Student organizations funded by the University are not permitted to obtain a separate and distinct tax identification number.

5.15. Poster Policy: The poster policy provides guidelines for the placement of posters, flyers, and other notices on campus. Nothing should be placed on doors or windows, either inside or outside a building; but instead should be placed on appropriate bulletin boards on campus. All posters must be hung with painter’s tape or pushpins so as not to damage property. The University reserves the right to remove any posters deemed to be offensive in nature, or those advertising events and/or products not in line with the Student Code of Conduct.

5.16. Retaliation Policy: No individual will be subject to retaliation by any member of the University community for having reported or threatened to report any violation of procedure, policy, or non-compliance with the Student Code of Conduct, or for cooperating with or participating in any grievance investigation. Retaliation includes threats, intimidation, reprisals, and any adverse actions related to an individual’s employment or education. Further, no individual will be penalized for reporting incidents of discrimination, harassment, or sexual misconduct. Retaliation by any member of the University community against such an individual is prohibited, and will be considered a serious violation of University policy. Individuals suspected of violating the Retaliation Policy will be referred for conduct action.

5.17.  Smoking Policy: Smoking (including, but not limited to cigarettes, cigars, e-cigarettes, pipes, hookahs, or vaporizers, is not permitted on the Dominican campus (with the exception being designated smoking areas). All community members have the right and the responsibility to inform or remind violators of the policy and request compliance. If a problem arises with non-compliance, Security staff may be called. Visitors who refuse to comply will be removed from campus.

5.18. University Name, Seal and Logo Policy: The name, seal and logos of Dominican are the official emblems and trademarks of the University and may only be used for official University purposes. This excludes any event organized, planned or affiliated with any student organization without expressed permission from the Marketing Department at Dominican University of California.

5.19. Vending Solicitation, and Distribution of Literature Policy: Persons not employed by, or not enrolled at, Dominican University of California may not vend, solicit, or distribute literature in the workplace or on campus or at any University facility at any time for any purpose. The University recognizes that students have interests in events and organizations outside Dominican. Students, faculty, or staff wishing to vend, solicit, or distribute information related to programs or groups associated with the University, should first consult with the Dean of Students so as to determine the most appropriate location.

Military Recruitment: Dominican University of California and all other institutions that accept federal financial aid are required to permit military recruiters on campus. Persons representing government agencies are welcome on campus and are subject to the same guidelines for students, faculty, and staff. In addition, the posting of written notices on University bulletin boards is restricted. If you have a message of interest to Dominican University of California or its employees or students, please submit it to the Dean of Students for approval and posting.

5.20. Weapons Policy: The possession, use, or sale of items such as fireworks, firearms, explosive devices, metal-tipped darts, knives, bows and arrows, BB guns, martial arts weapons, paintballs and / or paintball guns, or other potentially dangerous items are not permitted on the Dominican University of California property. Persons in violation of this policy are subject to disciplinary and/or legal action.

 


 

6. Student Code of Conduct Procedures

6.1.  Charges and Student Conduct Hearings

Any member of the University community may file a complaint against a student for violation of the Student Code of Conduct. The complaint should be submitted in writing to the Associate Dean of Students, who will conduct a preliminary inquiry to determine if the complaint has merit. 

6.1.1.     All charges will be presented to the Respondent in written form. A date/time will be set for the Student Conduct Hearing within fifteen business days after the student has been notified. This time period may be extended at the discretion of the Student Conduct Administrator, in which case notification will be sent to all involved parties.  

6.1.2.     The Student Conduct Administrator will conduct hearings according to the following guidelines:

6.1.2.1.     Student Conduct Hearings will be conducted in private.

6.1.2.2.     The Complainant and the Respondent have the right to be assisted by an advisor of their choosing, and at their own expense. The Complainant and the Respondent are responsible for presenting their own information and, therefore, advisors are not permitted to speak or to participate directly in any part of the Student Conduct Hearing.

 6.1.2.3.     The Complainant, Respondent, and their advisors (if any) will be allowed to attend the entire portion of their respective Student Conduct Hearing. Admission of any other persons to the Hearing will be at the discretion of the Associate Dean of Students.

 6.1.2.4.     In Student Conduct Hearings involving more than one Respondent, the Student Conduct Administrator, at their discretion, may permit the hearing concerning each student to be conducted separately or jointly.

 6.1.2.5.     The Complainant, the Respondent and the Student Conduct Administrator may arrange for witnesses to present pertinent information in the Student Conduct Hearing. The University will try to arrange the attendance of potential witnesses who are members of the University Community, if reasonably possible, and who are identified by the Complainant and/or Respondent at least two business days prior to the Student Conduct Hearing. Neither the Complainant nor the Respondent may address a witness directly.

 6.1.2.6.     The Student Conduct Administrator may accept pertinent records, exhibits, and written statements as information for consideration.

 6.1.2.7.     All procedural questions are subject to the final decision of the Student Conduct Administrator in consultation with Dean of Students.

 6.1.2.8.     Formal rules of process, procedure and/or technical rules of evidence, such as applied in criminal or civil court, are not used in Student Conduct proceedings.

 6.1.2.9.     If the Respondent chooses not to participate in the conduct process (or fails to appear for their hearing), the process may proceed in their absence.

 6.1.2.10.  The Student Conduct Administrator may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or witness during the hearing by permitting participation by telephone, visual screen, written statement, or other means where and as determined appropriate by the Office of the Dean of Students.

6.1.3.     The standard of evidence for determining a violation of the Student Code of Conduct is  "preponderance of the evidence" – meaning it is more likely than not that a violation occurred.

6.2.  Interim Measures

In instances where the Office of the Dean of Students believes there to be a current and on-going threat to the health, safety, or general well-being of students, interim measures may be imposed to ensure the normal operation of the University. The Office of the Dean of Students will deliver all interim measures to the respondent via electronic mail and/or physical letter. In some instance the interim measure may become permanent measures after the Student Conduct Hearing.

Interim Measures include, but are not limited to, the following:

    • Interim Suspension: During the interim suspension, a student will be denied access to the campus (including the residence halls and class participation/attendance) and/or all other University activities or privileges for which the student might otherwise be eligible as determined appropriate by the Office of the Dean of Students. The interim suspension does not replace the regular process, which will proceed on the normal schedule, up to and through the Student Conduct Hearing.
    • Housing Relocation: During the housing relocation a complainant will be offered the opportunity to move prior to the administrative moving of a respondent. Such relocations will be for no longer than the Student Conduct Hearing unless there becomes a need to make the relocation permanent.
    • No Contact Directives: indicate specific individuals which the respondent may not contact in any situation without the expressed written permission of the Student Conduct Administrator and/or the Office of the Dean of Students.

6.3.  Appeals

 A request for an appeal of the findings and/or sanctions outlined in the Administrative Disposition is subject to the grounds outlined below. All sanctions imposed through the original hearing remain in effect, and appropriate parties should be timely informed of the status of request for appeal, the status of the appeal consideration, and the result of the appeal decision.

6.3.1.     Requests for Appeal must be submitted to the Dean of Students within five (5) business days of receipt of the Administrative Disposition.

6.3.2.     Appeal requests are limited to the following grounds:

6.3.2.1.     A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.). A summary explaining the error must be included with the request for an appeal.

6.3.2.2.     To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included with the request for appeal.

 6.3.2.3.     The sanctions imposed are substantially outside the parameters or guidelines set by the University for this type of offense or the cumulative conduct record of the responding student. A summary explaining the disproportion of the sanctions must be included with the request for an appeal.

6.3.3.     Upon receipt of the Request for Appeal, the Dean of Students (or Appellate Designee) will review the appeal request and all submitted summaries, evaluate the merit of a request for an appeal in light of the Student Code of Conduct, and make a determination on whether enough information exists to warrant an appeal hearing.

6.3.3.1.     Appeal denied: the Administrative Disposition stands as-is.

 6.3.3.2.     Appeal granted: the Dean of Students or Appellate Designee reserves the right to take the following actions;

 6.3.3.2.1.     Uphold the findings and/or sanctions outlined in the Administrative Disposition;

 6.3.3.2.2.     Modify the findings and/or sanctions outlined in the Administrative Disposition;

 6.3.3.2.3.     Dismiss the findings and/or sanctions outlined in the Administrative Disposition.

6.3.4.     The decision of the Dean of Students or Appellate Designee will be considered final and binding for all parties involved.

 


 

7. Disciplinary Sanctions

7.1.  In instances of violations of the Student Code of Conduct, the respondent will receive written notification of their responsibility within five business days of their scheduled Student Conduct Hearing.

7.2.  Violations of the Student Code of Conduct will result in the imposition of sanctions from the Student Conduct Administrator.

7.3.  Failure to complete sanctions imposed through the student conduct process will result in holds placed on a student’s enrollment account, including but not limited to, registration, business services, athletics accounts.

7.4.  Other than University Expulsion, disciplinary sanctions will not be made part of the student’s permanent academic record, but will be part of the student’s disciplinary record.

7.5.  Sanctions imposed for violations of the Student Code of Conduct may include but are not limited to the following:

      • Official Warning – A notification that the student is violating, or has violated, University policy, procedures, or regulations.
      • Educational Sanctions - Work assignments, essays, service to the University, reflections, mandated workshops and other related assignments.
      • No Contact Directive – A notification indicating no contact between two or more parties at the institution.
      • Fines – Previously established and published fines may be imposed.
      • Restitution – Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
      • Disciplinary Probation –Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
      • Loss of Privileges – Denial of specific privileges for a designated period of time.
      • Residence Hall Exclusion - Permanent separation of the student from the University Residence Halls.
      • University Suspension - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      • University Expulsion - Permanent separation of the student from the University.

 

7.6.  Interpretation and Revision

7.6.1.     Any questions of interpretation or application of the Student Code of Conduct will be referred to the Dean of Students for final determination.

 7.6.2.     The Student Conduct Code will be reviewed annually under the discretion of the Associate Dean of Students.