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Article I: Rights and Responsibilities of Students

A. Short Title

This Code of Student Rights, Responsibilities and Conduct shall be known as the "Student Code."

B. Definitions

  1. The term "University" means Duquesne University of the Holy Spirit.
  2. The term "student" includes all persons taking courses at the University, or in any University sponsored program regardless of location, both full and part-time, pursuing undergraduate, graduate, or professional studies and those who attend post-secondary education other than Duquesne University. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular semester but have a continuing relationship with the University, are considered students, as are persons who are residing in University Living Learning Centers although not enrolled in the University.
  3. The term "faculty member" means any person hired by the University to conduct instructional activities.
  4. The term "University official" includes any person employed by the University in an administrative or professional capacity who is performing assigned administrative or professional responsibilities.
  5. The term "University employee" includes any person employed by the University who is neither a faculty member nor a University official as defined above.
  6. The term "member of the University community" includes any person who is a student, faculty member, University official or University employee. A person's status in a particular situation shall be determined by the Executive Vice President for Student Life.
  7. The term "University premises" includes all land, buildings, facilities and other property in the possession of or owned, used or controlled by the University (including integral streets and sidewalks).
  8. The term "organization" means a number of persons who have complied with the formal requirements for University recognition as provided in Article II.
  9. The term "group" means a number of persons acting as an organization who have not complied with the formal requirements for becoming an organization.
  10. The term "student publication" means either an organization whose primary purpose is to publish and distribute any publication on campus or a regular publication of an organization.
  11. The term "Hearing Body" means any person or persons authorized by the Executive Vice President for Student Life to determine whether a student has committed a violation of the Student Code and to recommend imposition of sanctions.
  12. The term "student conduct proceeding" means any action conducted by a Hearing Body.
  13. The term "Director of Student Conduct" means a University official authorized by the Executive Vice President for Student Life who is responsible for the establishment and activities of all hearing bodies and for the imposition of sanctions upon students determined to have violated the Student Code. The Executive Vice President for Student Life may authorize the Director of Student Conduct to serve simultaneously as Director of Student Conduct and the sole member or one of the members of a Hearing Body.
  14. The term "Student Conduct Officer" means a University official authorized on a case-by-case basis by the Executive Vice President for Student Life to impose sanctions upon student(s) who were found to have violated the Student Code.
  15. The term "Appellate Board" means any person or persons authorized by the Executive Vice President for Student Life or by the Director of Student Conduct to consider an appeal from a Hearing Body's determination that a student has committed a violation of the Student Code or appeal of a determination related to a charge of sexual violence or sexual harassment.
  16. The term "shall" is used in the imperative sense.
  17. The term "may" is used in the permissive sense.
  18. The Executive Vice President for Student Life is that person designated by the University President to be responsible for the administration of the Division of Student Life.
  19. The term "policy" means the written regulations of the University as found in, but not limited to, the Student Code, Residence Life Handbook, the graduate and undergraduate catalogs, and the University website.
  20. The term "cheating" includes but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
  21. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation of the published or unpublished work of another person without full or clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
  22. The term "complainant" means any person who submits a charge alleging that a student violated the Student Code.

C. Basic Rights

All students, as members of the University community, shall have the following rights. This should not be construed to deny any other rights which students enjoy in their capacity as members of the student body or as citizens of the community at large:

  1. Freedom of expression and assembly subject to the limitations of the Student Code and other University regulations and policies.
  2. Freedom to pursue educational goals.
  3. The right to notification by the instructor, during the first week of class and in the form of a written syllabus, of all course requirements. Such notification should include, but not be limited to, course subject matter for each class meeting, all assignments and due dates, types of examinations and examination dates, instructor’s office hours, required texts and procedures for determination of final grades (including the use of plus/minus grades). All students have the right to adequate notice of substantive changes in course content.
  4. Freedom from unreasonable search and seizure by University officials subject to Article I, Sections H and I of the Student Code and other University regulations and policies.
  5. The right to judicial procedures as defined in Article V.
  6. The right to privacy and confidentiality of student records according to the Family Educational Rights and Privacy Act (FERPA).
  7. The right to be evaluated fairly in all academic endeavors and to challenge an academic evaluation in accordance with Academic Due Process. (See Student Handbook)

D. Basic Responsibilities

Students, as members of the University community, shall have the following responsibilities. This should not be construed to exclude other responsibilities which students inherit as members of the student body or as citizens of the community at large:

  1. The responsibility for maintaining academic integrity and other standards of academic performance as established by University policies and regulations.
  2. The responsibility for acting in such a manner as to insure that other students may enjoy the rights declared under the Student Code.
  3. The responsibility for respecting and complying with the Mission Statement of the University, as well as University rules, regulations, and procedures.
  4. The responsibility for respecting and complying with provisions of local, state and federal laws.
  5. The responsibility for acting in a manner which promotes an atmosphere of learning, free expression and respect for the rights, dignity and worth of every individual in the University community.

E. Classroom Expression

  1. Discussion and expression of all views relevant to the subject matter are permitted in the classroom and subject to the responsibility of the faculty member to maintain order and to adhere to class time limitations.
    • Students are responsible for learning the content of any course in which they are enrolled.
    • Students are responsible for all stated course requirements, as found in the syllabus of that course.
  2. Academic evaluation of student performance shall be neither prejudicial nor capricious.
  3. Information about student views, beliefs and political associations acquired in confidence by faculty members in the course of their teaching, advising and counseling should remain confidential.

F. Campus Expression

  1. Discussion and expression of all views are permitted within the University subject to requirements for the maintenance of order.
    • Support of any cause by orderly means that does not disrupt the operation of the University is permitted
    • Public statements and demonstrations by individual members of the University community or organizations shall be clearly identified as representative only of those individuals or organizations and not of the University.
  2. Students, groups and organizations may invite persons on campus subject to the requirements for use of University facilities and permission from the Executive Vice President for Student Life. An honest effort shall be made to provide University facilities for speakers and/or programs invited to the campus by a recognized campus organization. Sponsorship of guest speakers and/or programs does not necessarily imply approval or endorsement of the views expressed either by the sponsoring organization(s) or the University.

G. Publications

  1. The University recognizes that student publications can be a valuable aid in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration of the campus. They can be a means of bringing student concerns to the attention of the University community and of formulating student opinion. All student publications shall be published in accordance with guidelines established by the University Publications Board. These guidelines shall adapt generally accepted journalistic standards to the University setting.
  2. Student publications shall be free of censorship and advance approval of copy, and their editors and managers shall be free to develop their own editorial policies and news coverage.
    • Similar freedom and responsibilities shall apply to the University radio and television stations.
    • This sense of free expression shall recognize the religious character of the University and shall be sensitive to that character.
    • This editorial freedom entails a corollary obligation to honor those generally accepted journalistic standards as interpreted by the University Publications Board, including but not limited to, the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, techniques of harassment and innuendo, and to follow applicable regulations of the Federal Communications Commission. Editorial policy is to be consistent with the provisions of the Student Code.
  3. Editors and managers of student publications shall not be arbitrarily suspended or removed from office because of student, faculty, administrative, alumni or public disapproval of editorial policy or content. Editors and managers shall be subject to sanctions only for proper and stated causes in violation of proscribed conduct in their role as editors or managers, and when the conduct in question pertains to publications as defined in this Code. Such sanctions shall normally be imposed only as a part of established University judicial procedures for students; provided, however, that nothing herein shall be construed to limit the authority of the University Publications Board in dealing with wrong-doing or breaches of accepted journalistic ethics or standards by any student editor, reporter or publications manager or staff person.
  4. All student communications shall explicitly state on the editorial page or in broadcast that the opinions expressed are not necessarily those of the University community.
  5. A University student or recognized group or organization may distribute printed material on campus without prior approval providing such distribution does not disrupt the operation of the University and conforms to Mission of the University and regulations.
  6. Posting or distribution of printed materials in or on University buildings shall be in accordance with the Mission of the University and regulations established for each building.

H. Residence Life

  1. The only University officials who are normally allowed to seek access to a student room in the Living Learning Centers are members of the Residence Life staff and/or maintenance staff, according to established procedures. When one of these staff members seeks access to a student room to determine compliance with this Code, applicable laws or regulations, or for improvement or repairs, an attempt will be made to notify the residents in advance.
  2. There may be entry without notice in emergency situations by a member of the Residence Life staff, the maintenance staff, or the University police. An emergency situation exists when foreseeable danger to life, safety, health or property is feared. In such cases the attendant on duty at the reception desk in the lobby should be advised of the situation as soon as possible, preferably prior to actual entry. The attendant will immediately notify the Resident Director and/or the Resident Assistant on duty. In non-emergency situations a member of the Residence Life staff and/or the University police may conduct a search of a student room in a Living Learning Center without prior notification only when a resident of the room is present and gives his/her consent. Such a search can occur when there is probable cause to believe that a violation of University policy has occurred or is occurring. “Probable cause” exists when a member of the above stated staffs has reasonably trustworthy information which would warrant a person of reasonable caution to believe that an offense has been or is being committed. When there has been notification posted eight hours in advance specifying what is being searched for, a resident of the room need not be present and need not consent for a search to be conducted for the items specified.

I. Cooperation with Law Enforcement Agencies

  1. As a matter of policy, the University shall cooperate with the University police or outside law enforcement agencies whenever a legal search warrant is presented. In such situations a member of the Residence Life staff and the student against whom the search warrant is directed shall be present whenever possible.
  2. If a legal search warrant is not presented, the University shall cooperate only if there is likelihood that a crime will be committed.