As a Catholic, Dominican University, Barry stands for the human dignity and worth of every person. Members of the campus community must act out of mutual respect to establish an atmosphere of trust. We believe in values that foster the human respect for people to live, work, study and recreate together as a community. Enrollment in Barry University presumes an obligation on the part of the student to act at all times in a manner compatible with the University's purpose, processes, and functions. Students are expected to uphold standards of personal and academic integrity and behavior. Further, students are expected to respect the rights and privileges of all members of the Barry University community. If the behavior or conduct of a student infringes on other members of the community or negatively impacts the institution, Barry University reserves the right to address the behavior through the student conduct process outlined in this publication.
The University, through the Division of Mission and Student Engagement and under the authority of the Vice President of Mission and Student Engagement, has established the Student Code of Conduct. Each student is required to abide by this code. The Student Code of Conduct is designed to assist in building an integrated, vibrant community that fosters the personal development of every Barry University student.
Barry University students enroll voluntarily in a private, Catholic educational institution. Students who find their personal values incompatible with those of the University's, and/or are unable to respect the University's values, may wish to pursue their education at an institution which is more in line with their own personal values. Likewise, the University may ask students whose behavior is incompatible with the mission of, and principles held by, the University to leave the institution.
Students are expected to act responsibly and to avoid conduct detrimental in its effect upon themselves, their fellow students, and the University, both on-and-off-campus. Students are expected to know and abide by all University rules, regulations, policies, and standards, and by local, state and federal laws. Students are expected to uphold both the mission of the University and the Student Code of Conduct in action and deed while they attend Barry University. Ignorance of University rules and regulations will not be considered as an excuse for violations.
Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct process are conducted with fairness to all, but do not include the same protections afforded by the courts. Due process, as defined within these procedures, assures written notice and a conduct meeting before an objective decision-maker. No student will be found in violation of University policy without information showing that it is more likely than not that a policy violation occurred, and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.
STUDENT CODE OF CONDUCT AUTHORITY
The Dean of Students, or his or her designee, shall develop policies for the administration of the student conduct system and procedural rules for the student conduct meeting that are consistent with the provisions of the Student Code of Conduct. Decisions made by a Student Conduct Administrator shall be final, pending the normal appeals process. Once an appeal has been presented, and a decision rendered, that decision is final.
Jurisdiction of the University’s Student Code of Conduct
The University, through the Division of Mission and Student Engagement, has established the Student Code of Conduct. Each student is required to abide by this Code. The Code is designed to assist in building an integrated, vibrant community that fosters the personal development of every Barry University student. As a member of the Barry community, it is the student’s responsibility to be familiar with the Student Code of Conduct and the University policies and procedures included in the Student Handbook.
The University’s Student Code of Conduct shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admissions through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Vice President of Mission and Student Engagement, or his or her designee, shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion
Student Code of Conduct - Core Values and Behavioral Expectations
The University considers the behavior described in the following sub-sections as inappropriate for the University community and in opposition to the core values of Barry University. These expectations and rules apply to all students, whether undergraduate, graduate, doctoral or professional. The University encourages community members to report to University officials all incidents that involve the following actions. Commission of, or attempts to, commit these acts, condoning, supporting, or encouraging others in the commission of these acts, or failure to prevent one’s guests from committing these acts may be treated as violations of this Code.
- Alcohol: The use, abuse, possession, or distribution of alcohol, except as permitted by law and University policy.
- Possession of containers that previously contained alcoholic beverages by persons under 21 years of age.
- Possession of common source containers, whether full or empty, of alcohol such as kegs, beer balls, or boxed wine.
- Possession of alcoholic beverages by persons under 21 years of age.
- Sale, distribution or provision or attempts to sell, distribute or provide alcoholic beverages to anyone under 21 years of age. This also applies to those hosting social gatherings where alcohol is available for consumption to persons under the age of 21.
- Consumption of alcoholic beverages, including:
- Consumption of alcoholic beverages by persons under 21 years of age;
- Consumption of alcoholic beverages by persons 21 years of age or older in any public area, including public space within a residence hall, unless it is an official University approved event or University venue licensed to serve alcohol.
- Intoxication by any person, regardless of age.
- Damaging or defacing University property or the property of others.
- Unauthorized entry into University property or the property of others.
- Unauthorized use or misuse of University property or the property of others.
- Placing a person in fear of imminent physical danger or bodily harm.
- Causing bodily harm to a person or engaging in harmful physical contact that would likely have caused bodily harm despite the lack of any measurable harm.
- Hazing – Any action which endangers the mental or physical health of a student, or which encourages the student to engage in illegal or inappropriate conduct for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in, a recognized or unrecognized group or organization.
- Engaging in reckless behavior that creates a potentially unsafe situation for members of the community. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property
- Intimidation, which is defined as implied threats or acts that cause a reasonable fear of harm in another
- Firearms and ammunition - Firearms are defined as any gun, rifle, pistol, or handgun designed to fire bullets, BBs, pellets, or shots (including paint balls), regardless of the propellant used.
- Explosives and fireworks including, but not limited to, firecrackers, cherry bombs, smoke bombs, and similar devices.
- Knives that are longer than 3 inches, or other weapons, or objects that could be construed as weapons or items that pose a potential hazard to the safety or health of others. Other weapons are defined as any instrument of combat or any object not designed as an instrument of combat but carried or used for the purpose of inflicting or threatening bodily injury or damaging/destroying University property or the property of others.
- Unauthorized hazardous materials or chemicals.
- Shouting or making excessive noise either inside or outside a building to the annoyance or disturbance of others.
- Verbally abusing University officials (including students appointed to act as representatives of the University) acting in the performance of their duties.
- Behaving in a lewd or indecent manner.
- Engaging in, leading or inciting others in a breach of peace that is disruptive to the community.
- Possession of paraphernalia including any item typically used to inhale/ingest/inject/mask drugs, regardless of whether the item has been used for illegal purposes.
- Possession of drugs.
- Use of drugs.
- Distribution (any form of exchange, gift, transfer or sale) of drugs.
- Misusing, tampering or damaging fire safety equipment including, but not limited to, fire extinguishers, smoke alarms, sprinkler systems or exit signs.
- Unauthorized burning of any material in any University building, on University property or on areas adjacent to University property.
- Disregarding a fire alarm signal or refusing to evacuate a building or a section of a building when a fire alarm is sounding.
- Recklessly or intentionally activating an alarm when an emergency situation does not exist.
- Knowingly furnishing false information to the University or a member of the University community, including at University student conduct proceedings.
- Forgery, misuse, unauthorized alteration and/or creation of documents, records, University identification cards, keys, or other objects.
- Possession or use of false identification cards issued by an entity other than the University.
- Fraud, through act or omission, committed against the University or a member of the campus community or others.
- Knowingly initiating or causing to be initiated any false report, warning or threat.
- Theft of property or of services or possession of stolen property.
- Unauthorized possession of University property (including residence hall lounge furniture) or the property of others.
Violation of Law and University Discipline
- University student conduct proceedings may be instituted against a student who is alleged to be responsible for conduct that potentially violates both the criminal law and the Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the 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. Determinations made or sanctions imposed, under the Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
- When a student is charged by federal, state, or local authorities with a violation of law, the University will not request, or agree to, special consideration for that individual because his or her status as a student. If the alleged offense is also being processed under the Student Code of Conduct, the University may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
As a Catholic, Dominican University, Barry strives to create an atmosphere that supports the holistic development of its students. For the University and students to thrive we all must share the responsibility of creating a community that protects individuals and property from harm.
- For Victims. The University provides amnesty to victims who may be hesitant to report to the University because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. Educational options may be explored, but no student conduct action will be taken.
- For Those Who Offer Assistance. To encourage students to offer help and assistance to other, the University pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Dean of Students or his/her designee, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options may be explored, but no student conduct action will be taken.
- For Those Who Report Serious Violations. Students who are engaged in minor violations but who choose to bring related serious violations by other to the attention of the University are offered amnesty for their minor violations. Educational options may be explored, but no student conduct action will be taken.
- Safe Harbor. The University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addition, or dependency to the attention of University officials outside the threat of conduct sanctions and seeks assistance, a conduct complaint will not be pursued. Students must follow a written action plan proposed by the Center for Psychological and Counseling Services (CPCS), or the entity to whom the CPCS referred the students. Failure to do so will nullify the Safe Harbor protection and University conduct processes will be initiated.
STUDENT CODE OF CONDUCT HEARING PROCEDURES
The University, through the Vice President for Mission and Student Engagement, has the duty and corollary disciplinary power to protect its educational purpose and objectives through setting standards of conduct.
The student conduct process aims to treat reporting parties and responding parties with equal care and dignity and also to reach fair and correct results.
- Any member of the University community, department or academic unit may register an allegation of violation of the Student Code of Conduct. The allegation will be reviewed to determine the appropriate student conduct or administrative action to be taken in accordance with this Code.
In the event that there is insufficient evidence to support formal action, a determination that student conduct or administrative action is not warranted may be made by the Student Conduct Administrator.
- An allegation should be made within a reasonable time frame after the alleged incident and directed to the Office of the Dean of Students, or the Office of Housing and Residence Life.
- Administrative action, in lieu of formal student conduct action, may be taken at the discretion of the University, in an appropriate and reasonable manner, to address student behavior. Administrative action is action taken in events where the student has a conduct related issue pending and the student is physically absent from the University. It is done if the Dean of Student, or his or her designee, believe that there is a likelihood that the student will pose a threat to others and/or will seriously interfere with the rights of other in the community to carry on their education pursuits.
Student Conduct Procedures
- All conduct process, non-Title IX (Sexual Harassment), are conducted via an Administrative Conduct meeting.
- Allegations of “Sexual Harassment” will be resolved under the procedural guidelines found in the student handbook at http://www.barry.edu/student-handbook/handbook/sexual-hararssment-policy-and-procedures.html
- A student who accepts responsibility for violations of the Code of Conduct (prior to the student conduct meeting) may meet with the Dean/Associate Dean in an administrative meeting to determine an appropriate sanction(s). This acceptance must be in writing, affirming acceptance of responsibility for the charge(s) and acknowledging that the full range of sanctions may be imposed.
Guidelines for Student Conduct Procedures
The following procedural guidelines shall be applicable in student conduct proceedings. Formal rules of process, procedure, and technical rules of evidence, such as applied in criminal or civil court, are not used in student conduct proceedings. Deviations from prescribed procedures shall not necessarily invalidate a decision, unless significant prejudice to an accused student, complainant or the University results. As stated previously, allegations of “Sexual Harassment” will be resolved under the procedural guidelines found in the student handbook at http://www.barry.edu/student-handbook/handbook/sexual-hararssment-policy-and-procedures.html
- The Conduct Officer shall send the Respondent, who is the student responding to the allegations of Conduct Code violation(s), advanced written notification of the specific violations and the date, time, and location of the scheduled conduct meeting. Notice will most often take the form of a letter delivered to a student’s University e-mail account.
- The Conduct Officer will meet with the student, read the incident report and alleged violation(s) and explain the conduct process. If the Student Conduct Officer determines that no violation has occurred, then the disposition is final, and no further meetings will be held.
- If it is determined that a violation did occur and the Respondent (the student responding to the notice of alleged violations) admits responsibility for engaging in the alleged behavior(s) or action(s), the Student Conduct Office can assign sanctions and adjudicate the incident at this meeting. If there is more than one student involved in the same incident, the Student Conduct Office will adjudicate the incident after meeting with all the students allegedly involved.
- If the Respondent does not admit responsibility for the alleged behavior(s) and/or action(s), the Student Conduct Officer will explain that a conduct meeting will be scheduled within 48 hours (not including weekends or holidays).
- The Respondent may request a reasonable extension of time to prepare for the conduct meeting. Requests for an extension will be granted for a period not to exceed two business days, except in unusual circumstances where the Respondent can demonstrate the necessity for a longer delay. All requests for extension of time should be made in writing at least one business day prior to the scheduled conduct meeting, except in cases of documented serious illness or emergency.
- The Respondent shall be afforded reasonable access to review the case file prior to and during the conduct meeting and may request a copy of a redacted incident report. “Case file” means the file containing those materials pursuant to the Family Educational Rights and Privacy Act (FERPA) of 1974. If additional information becomes available and is relevant, it will be discussed and reviewed at the conduct meeting. The notes of University staff members and investigators are not included in the case file and thus are not accessible. Names and other information of students may also be redacted in the incident report as appropriate for confidentiality.
- The Respondent shall have the opportunity to provide additional and relevant information that is not contained within the incident report to be considered during any conduct meeting.
- The Respondent may provide, for any conduct meeting, the names of witnesses who have relevant and material information pertaining to the incident. Any additional witnesses must be submitted to in writing at least two business days prior to the meeting. These individuals may be invited at the discretion of the Dean/Assistant Dean to participate in the conduct meeting. Ordinarily, witnesses who are not members of the University community will not be invited to serve as a witness in the proceeding, and expert witnesses generally will not be invited.
- Proceedings will be closed to non-participants and to the public, including friends and University personnel without an official interest in the case.
- A Respondent and Complainant may be accompanied by one advisor of her/his choice. The role of the advisor shall be limited to support and consultation; the advisor may not speak during any student conduct proceeding except privately to the respondent, nor shall the advisor question or address witnesses. Violation of this expectation will result in the advisor being removed from a proceeding at the discretion of the student conduct administrator. In consideration of the limited role of an advisor, and of the interest of the University to expeditiously conclude the matter, a proceeding will not normally be delayed if an advisor is unavailable.
- During the proceeding, the Respondent shall have the opportunity to respond to the information related to the alleged violation of the Code of Conduct.
- Information or that does not directly relate to the issue(s) at hand, but instead reflects upon the character, reputation, personality, qualities, or habits of the Respondent should not be presented and, if offered, may be excluded.
- A Respondent who fails to appear at a scheduled proceeding without good cause (e.g. documented serious illness), after proper notice of such a meeting, may have his case adjudicated in absentia, and forfeits all rights to an appeal unless it is for lack of proper notice, as required herein. In such cases, decisions will be based solely on information available or information presented during the proceeding.
- Proceeding outcomes must be supported by a preponderance of the evidence. Preponderance of the evidence means that a greater weight of information supports the conclusion that a fact is true, or to establish that an event occurred. A preponderance of the evidence does not necessarily mean the greater amount of evidence, but rather the greater quality of evidence – making it more likely than not the matter in question is true.
- A Respondent may be found responsible for any prohibited conduct (including sections of the Code of Conduct for which he or she was not originally charged) when behaviors that were previously unknown are discovered during the course of the student conduct proceeding or if it is determined that a different section of the Code of Conduct more appropriately addresses the conduct in question.
- The outcome of the meeting shall be conveyed to the Respondent in writing.
- An audio recording may be done of a conduct meeting and will be maintained in the Dean of Student’s office. This recording will be used only in cases of appeal which claim questions of improper procedures at the conduct meeting. The recording will be destroyed once the period to appeal the sanction(s) has elapsed.
- The decision reached at a Student Conduct Meeting or Board Hearing are final, subject only the student’s right of appeal.
- If an appeal is presented, a decision issued regarding that appeal is final.
The Student Conduct Officer holding an Administrative Hearing is authorized to impose the following sanctions:
- Warning – a notice in writing that the student has violated institutional regulations.
- Redress (apology, either written or oral)
- Restitution – compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Educational activity or project.
- Community service.
- Loss of privileges – denial of specified privileges for a designated period of time, including, but not limited to, restrictions from and/or limited access to specified areas of campus and/or University events.
- Behavioral Agreement – a set of appropriate actions imposed to provide an educational experience as well as conduct guidelines for an extended period.
- Housing Probation – A written reprimand indicating that the student’s behavior has raised serious questions concerning the student’s status as a member of the University residential community. The student will be given a stated period during which his/her conduct will establish whether s/he is to be returned to good standing by having met definite requirements in behavior or whether s/he is to be suspended or expelled from the University. This sanction includes the probability of more severe sanctions if the student is found to violate any University regulation(s) during the probationary period.
- Housing Termination – this may be for a definite period of time, after which the student is eligible to return or permanent separation from University housing.
- University Probation – A written reprimand indicating that the student’s behavior has raised serious questions concerning the student’s status as a member of the University community. The student will be given a stated period during which his/her conduct will establish whether s/he is to be returned to good standing by having met definite requirements in behavior or whether s/he is to be suspended or expelled from the University. This sanction includes the probability of more severe sanctions if the student is found to violate any University regulation(s) during the probationary period. Students may not represent the University or hold office in any student organization during the period of probation. Other conditions typically include, but are not limited to:
- Exclusion from all or designated co-curricular activities.
- Exclusion from leadership positions in the Student Government Association.
- Exclusion from the use of specified University facilities.
- The performance of community service projects.
- Exclusion from sponsorship of or participation in educational and/or athletic programs.
- The re-assignment of resident to another residence unit for the period of probation.
- Parents of students placed on disciplinary probation may be so notified by the Dean of Student. A statement of offense and decision will be placed in the student's file in the Dean of Student’s office.
If while on disciplinary probation a student is found responsible for a further infraction of University policies/regulations and/or the Student Code of Conduct, the student will be subject to the possibility of suspension/expulsion from the University and/or University housing.
- University Suspension – separation of the student from the University for a definite period of time, after which the student is eligible to return. Readmission, however, is not automatic and is at the sole discretion of the University. Conditions for readmission must be specified. The student is not allowed to be on campus, any University owned or leased property, or attend any University event, on or off campus while on University suspension.
- University Expulsion – permanent separation of the student from the University. The student is not allowed to be on campus, any University owned or leased property, or attend any University event, on or off campus.
- Revocation of Admission and/or Degree – Admission to, or a degree awarded from, the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
- Withholding Degree – the University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
- More than one of the sanctions listed above may be imposed for any single violation.
In certain circumstances, the Dean of Students/Assistant Dean of Students, or his or her designee, may impose an Interim University suspension prior to any Student Conduct Meeting.
- Interim Suspension may be imposed on a student only: 1) to insure the safety and well-being of members of the University community or preservation of University property; 2) to ensure the student’s own physical or emotional safety and well-being; or, 3) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
- While on Interim Suspension, a student will not be allowed access to the campus, including all University owned or leased properties, including the residence halls and/or all University activities, on or off campus, or privileges as the Dean of Students may determine to be appropriate.
- Interim Suspension does not replace the regular Student Conduct process. At the time a student is interim suspended, the individual affected shall be informed of a right to a conduct meeting without undue delay. The student shall remain dismissed until his/her status is determined in a conduct meeting.
- Only cases which result in loss of University housing, suspension and/or expulsion may be appealed.
- A decision reached, and/or sanction imposed, by a Student Conduct Administrator, may be appealed by the Responding Party, in writing, within forty-eight (48) hours (not including weekend and/or holidays) of the decision.
- The administrators authorized to hear appeals are the Vice President for Mission and Student Engagement, the Dean of Students, and the Assistant Dean of Students/Director of Housing & Residence Life. The Vice President for Mission and Student Engagement is the highest level of appeal in the University.
- Appeals, regardless of the type of adjudication, shall be based only on:
- Significant procedural error that changes the findings of fact of the student conduct meeting.
- New information that significantly alters the finds of fact, that was previously unknown to the respondent, has been discovered and is available during the appeal process.
- A student adjudicated in absentia forfeits all rights to an appeal process unless it is proven that it is for lack of proper notice, except in an extraordinary circumstance.
- General dissatisfaction with the outcome of the student conduct proceeding or an appeal for mercy are not appropriate grounds for appeal.
- The response to the appeal shall be sent to the responding party within forty-eight (48) to seventy-two (72) hours (not including weekend and/or holidays) of receipt.
- Decisions of the Student Conduct Administrator remain in effect until such time, if and when, an appeal is granted. All parties involved will be informed of the disposition of appeals.
- Once an appeal has been heard, the decision issued regarding that appeal is final.
Student Conduct Records
Other than expulsion from the University, conduct sanctions shall not be made part of the student’s permanent academic record (transcript). They will, however, become part of the student’s conduct record which is in turn part of a student’s educational records. This applies both to the Complainant and the Respondant.