III.  Sanctions

The University reserves the absolute discretion to determine appropriate sanctions to be imposed upon a student for any infraction of the Code of Conduct. The sanctions explained below may be cumulative, and no sanction need be exhausted before any other sanction may be imposed. The sanctions may be enhanced based on a past disciplinary record, the severity of behavior, or the impact upon the community. Sanctions may be tailored to specific situations. Therefore, the following list is not exhaustive.

• Descriptions of Sanctions
• Enhanced Sanctions for Bias-Related Acts
• Sanctions for Violations of Academic Honesty Policy
• Sanctions for Alcohol or Drug Policy Violations
• Sanctioning of Fraternities, Sororities and Student Organizations

1. Descriptions of Sanctions

Sanctions include, but are not limited to:

1. Disciplinary Warning

A disciplinary warning is an official written notice expressing disapproval of conduct and a statement that the conduct violates one or more University rules or regulations.

2. Notice of Reprimand

A notice of reprimand is a written notification that a student's conduct was inappropriate for a member of the University community. Continued violations of the Code of Conduct will result in more serious disciplinary sanctions.

3. Disciplinary Probation

Disciplinary probation is a period of review during which the student or organization must demonstrate the ability to comply with University rules, regulations, and all other stipulated requirements.

4. Deferred Suspension from Residence Halls or Graduate Housing

Deferred suspension from residence halls or graduate housing is a period of review during which the student must demonstrate the ability to comply with University rules, regulations, and all other stipulated requirements. If, during the deferred suspension period, the student is again found responsible for violating any University rule or an order of an Administrative Hearing Officer or member of the Student Conduct System, the student will be suspended immediately from the residence hall or graduate housing.

5. Deferred Suspension from the University

Deferred suspension from the University is a period of review during which the student must demonstrate an ability to comply with University rules, regulations, and all other stipulated requirements. If, during the period of the deferred suspension, the student is again found responsible for violating any University rule or regulation or an order of an Administrative Hearing Officer or member of the Student Conduct System, the student will be immediately suspended from the University.

6. Suspension and Ban from Residence Halls

Suspension from residence halls or graduate housing prohibits a student from residing in a residence hall or other University housing during the suspension period. A student who is suspended from the residence halls or graduate housing is responsible for the full cost of the residence hall space for the remainder of the academic year. Housing deposits for the following academic year also may be forfeited according to established cancellation deadlines.

In addition to the period of suspension from the residence halls, the student is banned from entering any and all residence halls or houses owned by the University of Delaware. Unless otherwise noted, this ban includes non-residential areas included within the confines of a residence complex, including, but not limited to, dining halls, convenience stores, fitness centers and computer labs. Entrance into these facilities will be viewed as a violation of this sanction and the student will be confronted and charged accordingly for trespassing and failure to comply.

7. Suspension from the University

Suspension from the University requires a student to be withdrawn from all classes, suspended from the residence halls or graduate housing (if applicable), banned from all University facilities (and subject to arrest for trespassing and a charge of Failure to Comply), rendered ineligible to register for any University class, and prohibited from participating in University activities for the period of the suspension. A student who is suspended from the University is nonetheless responsible for all financial obligations to the University. The student’s transcript will indicate that the student was withdrawn by the University. Students who further violate the Code of Conduct during the period of suspension or after returning to the University may be expelled.

8. Expulsion from the University

Expulsion is permanent separation and removal from the University. The sanction of expulsion must be approved by the University president or the president’s designee; it requires a student to be withdrawn from all classes, suspended from the residence halls or graduate housing (if applicable), banned from all University facilities (and subject to arrest for trespassing), rendered ineligible to register for any University class, and prohibited from participating in University activities. The student’s transcript will indicate that the student was withdrawn by the University.

9. Restitution

The University may require restitution for damage, destruction, or theft of University or other property. These charges may not be in excess of the damage or loss incurred and may be imposed together with other sanctions listed here.

10. Fees

The University may assess a fee in conjunction with any other sanction listed here.

11. Other Sanctions

The University may impose any other sanction, depending upon the circumstances and the nature of the violation.

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2. Enhanced Sanctions for Bias-Related Acts

The University has a “zero tolerance” for hate crimes and bias-related conduct. When a student has been found to have violated the Code of Conduct and the facts demonstrate that the offender has directed his or her behavior towards someone because of that person’s actual or perceived particular race, color, national origin, sex, disability, age, veteran status, gender identity or expression or sexual orientation, the sanctions may be enhanced as deemed appropriate by those determining the sanctions.

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3. Sanctions for Violations of Academic Honesty Policy

1. Statement of Policy

In addition to sanctions set forth above, the University may impose a specific academic sanction for an academic violation. Before deciding on an academic sanction, a faculty member must inquire about the student’s past academic violations and incorporate that information into a decision about appropriate action. Questions concerning undergraduate infractions should be referred to the Office of Student Conduct and questions concerning graduate student infractions to the Office of Graduate and Professional Education.

It is contrary to University policy for a faculty member to lower a grade on an academic work or academic exercise without working with the Office of Student Conduct or the Office of Graduate and Professional Education. Such an independent action violates the student’s guaranteed right to due process and leaves the faculty member vulnerable to a grade grievance. Similarly, students are prohibited from proposing and/or entering into an agreement with faculty member to receive a grade of “F” or any reduced grade on an academic exercise or in the course so as to avoid being charged with a violation of the Academic Honesty Policy.

The following list of sanctions is not exhaustive, and the University may impose additional or different sanctions than those listed.

2. Procedures for Academic Honesty Violations
1. When a faculty member suspects a student of an academic violation, he or she will contact the Office of Student Conduct (for undergraduate students) or the Office of Graduate and Professional Education (for graduate students) to inquire about that student’s past academic violations (if any) and discuss the appropriate academic sanctions.

   The faculty member must choose one of the following:

1. Option A: The faculty member may require the student to repeat any work affected by the academic violation. When the faculty member chooses to have the student repeat affected work, the faculty member may impose a grade penalty on that work.
2. Option B: The faculty member may issue the student a lower or failing grade on all or any portion of the work affected by the academic violation or a lower or failing grade in the course; or the faculty member may require that the student be withdrawn from the course.
3. Option C: The student will receive a failing grade in the class in which the offense occurred, and an "X" will be placed next to the "F" on the student’s University transcript, with an explanation on the transcript that the failure resulted from the student’s academic violation.

The student who wishes to remove the "X" from the transcript may complete a non-credit seminar at the University addressing the academic violation and the ethical and social ramifications of violations. A student who successfully completes this course will have the "X" removed from his or her transcript. All costs or fees associated with the seminar shall be paid by the student.

Once the case is resolved, the student may not be permitted to return to the class or the program in which the offense occurred.

2. The faculty member will forward all supporting documents and information regarding the academic violation to the Office of Student Conduct or Office of Graduate and Professional Education within 5 business days of notifying that office.

3. After an academic penalty has been determined, the Office of Student Conduct or Office of Graduate and Professional Education will determine a disciplinary sanction, based on both the severity of the academic violation and the student’s past violations (both academic and others), if any.
4. The student will be given notice of the pending academic honesty violation and be given the opportunity to review all supporting documents and information provided by the faculty member. The student will also be given the opportunity to complete a pre-hearing. If a student denies responsibility for violating the Academic Honesty Policy and is found to have committed a violation as the result of an Administrative Hearing, the academic sanction imposed may be no more stringent than that which the faculty member initially prescribed.
5. If a student does not attend a pre-hearing (and is therefore found responsible based on input only from the complainant), the sanction(s) recommended to the student will be applied without his or her input. The student will retain the right to appeal this decision.

6. When a student is accused of an academic honesty violation and the case is referred to the Student Conduct System, an “I” grade should be given until the case is completed.

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4. Sanctions for Alcohol or Drug Policy Violations

1. Specific Disciplinary Measures

In addition to the sanctions listed in Section III.A above, additional, specific disciplinary measures may be imposed for each violation of the University’s Alcohol Policy:

1. Any undergraduate or graduate student found responsible for a violation of the Alcohol Policy must complete an Alcohol Education Program and may (depending upon the nature of the violation or the student’s previous offenses) be referred for an evaluation with a Substance Abuse Counselor.
2. Any undergraduate or graduate student found responsible for a violation of the Drug Policy must complete an evaluation administered by a Substance Abuse Counselor.

Medical Amnesty/Good Samaritan Protocol
Student health and safety are of primary concern at the University of Delaware. As such, in cases of intoxication and/or alcohol poisoning, the University encourages individuals to seek medical assistance for themselves or others. If an individual seeks medical attention due to his/her level of intoxication, the Office of Student Conduct may not pursue conduct sanctions against the student for violations of the Alcohol Policy. In lieu of student conduct sanctions, the intoxicated student (and possibly the referring student) will be required to meet with a member of the Office of Student Conduct staff who may issue educational requirements such as alcohol education class and/or an alcohol and substance abuse assessment.

Those students who assist in obtaining medical attention for individuals who are intoxicated may not receive student conduct sanctions for violations of the Alcohol Policy of the Code of Conduct.

Please note: Medical Amnesty will not be granted to students who do not seek medical assistance. Students who are confronted by university staff (ex. RA, UDPD) will be referred to the Office of Student Conduct for alleged policy violations.

Students are encouraged to read the complete Medical Amnesty/ Good Samaritan Protocol.

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5. Sanctioning of Fraternities, Sororities and Student Organizations

1. Statement of Policy

In addition to the specific sanctions listed in Section III.A above, a student organization may face additional or different sanctions for its conduct and the conduct of one or more of its members.

2. Sanctions

Examples of sanctions that may be imposed upon a student organization include, but are not limited to:

1. Fines

   The University may assess a fine in conjunction with any other sanction.

2. Disciplinary Probation of a Student Organization

   Disciplinary probation is a period of review during which the organization must demonstrate the ability to comply with University rules, regulations, and all other stipulated requirements.

3. Deferred Suspension of a Student Organization

   Deferred suspension of an organization is a period of review during which the organization must demonstrate an ability to comply with University rules, regulations, and other stipulated requirements. If, during the period of the deferred suspension, the organization is again found responsible for violating any University rule or an order of Administrative Hearing Officer or member of the Student Conduct System, the organization, and its registration, privileges, and chapter status, will be immediately suspended.

4. Suspension of Registration/Chapter Privileges

   1. A student organization’s privileges, chapter status, and registration may be suspended for a specified period of time. Upon the end of the suspension, and before a group is allowed to return, a petition must be submitted to the Office of Activities and Programs, or other appropriate University official, which demonstrates in a sufficient manner, as determined by the University in its sole discretion, the following:

      1. The issues leading to the organization's suspension have been remedied;

      2. Those wishing to revive the organization's status understand the University's policies and procedures and are willing to and capable of following them;

      3. The organization and its members have complied with the suspension, have not engaged in conduct aimed at ignoring or frustrating the suspension; and

      4. Have committed no intervening violations of the Code of Conduct.

   2. In the event that a student organization is suspended from the University, the organization may not during the term of the suspension:

   1. Recruit members;
   2. Engage in social functions of any type;
   3. Use University buildings, facilities, property, and equipment;
   4. Use University resources, services, or funds;
   5. Participate or attempt to participate as an organization in any University event; or
   6. Co-sponsor or participate as an organization in another registered/recognized organization’s activities.

   3. In a case where a violation has been found but no suspension has been imposed upon the offending student organization, any one or more of the privileges set forth above may be suspended.

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