Sanctions

VIII. Sanctions

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

  1. Types of Sanctions
    1. Educational
      Educational sanctions provide a student the opportunity to review conduct expectations, understand how behavior can contribute to a positive and beneficial University experience and learn of campus resources which support academic and non-academic success. Examples of educational sanctions include writing a research or reflective paper, attending a seminar, or meeting with members of various University offices. In most instances involving a violation of the Alcohol or Drug Policy, educational sanctions will include a referral to staff within Student Wellness and Health Promotion, who will determine the best type of educational intervention to address the student’s use of alcohol or drugs.
    2. University Status 
      The following sanctions, listed in increasing level of severity, may be applied to hold students accountable for their behavior, to protect the safety of the campus community or to repair harm to the community. This list is not exhaustive, and any number of the sanctions below may be simultaneously assigned in any case.
      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 policies or regulations. A Disciplinary Warning is not reported outside Community Standards & Conflict Resolution, in accordance with the Retention and Release of Records process, as defined in Section X.
      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 sanctions. A Notice of Reprimand is not reported outside the University of Delaware, (unless an additional case occurs) in accordance with the Retention and Release of Records process, as defined in Section X.
      3. Disciplinary Probation 
        Disciplinary probation is a period of review during which the student must demonstrate the willingness and ability to comply with University policies, regulations, and all other stipulated requirements.
      4. Deferred Suspension from University Housing 
        Deferred suspension from University housing is a period of review during which the student must demonstrate the willingness and ability to comply with University policies, regulations, and all other stipulated requirements. If, during the period of deferred suspension from University housing, the student is again found responsible for violating any University policy, the student may be suspended immediately from University housing.
      5. Deferred Suspension from the University 
        Deferred suspension from the University is a period of review during which the student must demonstrate the willingness and ability to comply with University policies, regulations, and all other stipulated requirements. If, during the period of the deferred suspension, the student is again found responsible for violating any University policy, the student may be immediately suspended from the University.
      6. Suspension and Ban from University Housing 
        Suspension from University housing prohibits a student from residing in any University housing during the period of suspension. A student who is suspended from University housing is responsible for the cost of the housing space for the remainder of semester in which disciplinary action is finalized, unless this action is finalized before the end of the semester’s free drop/add period. If this action is taken after the close of Fall semester but before the beginning of Spring semester, the student will be billed a late cancellation fee. Housing deposits for the following academic year also may be forfeited according to established cancellation deadlines.

        During the period of suspension from University housing, the student is banned from entering all housing owned by the University of Delaware. 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 and Ban from the University 
        Suspension from the University requires a student to be withdrawn from all classes, suspended from University 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 suspended by the University and will include the beginning and end dates of the suspension. Following the conclusion of the suspension period, the transcript notation will be removed. Records regarding the suspension will be maintained per the Retention and Release of Records process, as defined in Section X.

        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 designee.) Expulsion requires a student to be withdrawn from all classes, suspended from University 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 expelled by the University. Records regarding the expulsion will be maintained per the Retentions and Release of Records process, as defined in Section X.
    3. Organizational
      1. In addition to the specific sanctions listed above, a student organization may face additional or different sanctions for its conduct and the conduct of one or more of its members.
      2. Examples of sanctions that may be applied upon a student organization include, but are not limited to:
        1. Notice of Reprimand Issued to a Student Organization
          A notice of reprimand is a written notification that a student organization's conduct was inappropriate for a member of the University community. Continued violations of the Code of Conduct will result in more serious sanctions.
        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 policies, regulations, and all other stipulated requirements.
        3. Social Probation of a Student Organization
          Social probation prohibits an organization from participating in any event with alcohol on or off campus. The organization may still participate in non-alcoholic social events, community service, philanthropic and educational programs, provided alcohol is not a component of these events. “Participating in” includes, but is not limited to, sponsoring, co-sponsoring, hosting, and/or co-hosting.
        4. 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 policies, regulations, and other stipulated requirements. If, during the period of the deferred suspension, the organization is again found responsible for violating any University rule, the organization, and its registration, privileges, and status will be immediately suspended.
        5. Suspension of Organizational Privileges
          1. A student organization’s privileges, chapter status, and registration may be suspended for a specified period of time. In the event that a student organization is suspended from the University, the organization may not during the term of the suspension:
            1. Meet as an organization;
            2. Recruit members;
            3. Engage in social functions of any type;
            4. Use University buildings, facilities, property and equipment;
            5. Use University resources services or funds; or
            6. Co-sponsor, participate or attempt to participate as an organization in any University event, including any event sponsored by another student organization.
          2. In a case where suspension of all organizational privileges is not applied, any one or more of the individual privileges above may be suspended.
          3. Upon the end of the suspension, and before a group is allowed to return, a petition must be submitted to the 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 and able to follow 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. The organization and its members have committed to intervening violations of the Code of Conduct.
    4. Administrative
      1. Fees
        The University may assess a fee in conjunction with any case handled by Community Standards & Conflict Resolution or the Graduate College. Fees are charged to student billing account.
      2. 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. Restitution costs are charged to student billing accounts.
      3. Parental Notification 
        In order to support students' learning and success following a violation of policy, the University may contact the parent or legal guardian of a student who is tax-dependent (as defined by the Family Educational Rights and Privacy Act), in certain circumstances, as deemed appropriate by Community Standards & Conflict Resolution staff.
      4. The University may apply any other sanction, depending upon the circumstances and the nature of the violation.
  2. Sanctions for Academic Honesty Policy Violations
    1. In addition to sanctions set forth above, the University may apply a specific academic penalty for a violation of the Academic Honesty Policy. The following list of sanctions is not exhaustive, and the University may apply additional or different sanctions than those listed.
    2. Procedures for Determining Academic Penalty
      1. When a faculty member suspects a student of an academic violation, and 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. Faculty should contact Community Standards & Conflict Resolution (for undergraduate students or those in special programs) or the Graduate College (for graduate students).
      2. After consulting with the appropriate office, the faculty member must choose on of the following methods of resolution:
        1. As permitted in the Faculty Handbook, the faculty member will select an academic penalty, and present it to the student. If the student agrees to this penalty, the incident will be considered resolved. A brief summary of this resolution will be sent to Community Standards & Conflict Resolution or the Graduate College for informational purposes only. If the student disagrees with the allegation of dishonesty or the proposed academic penalty, the incident must be adjudicated through the student conduct process. Students are prohibited from proposing a different penalty than the faculty member proposes so as to avoid having the suspected violation submitted to the student conduct process.
        2. Submit the suspected academic violation to Community Standards & Conflict Resolution or the Graduate College for adjudication. Once submitted, the case cannot revert to the process permitted by the Faculty Handbook.
      3. If the faculty submits the incident to be adjudicated through the student conduct process, the faculty member will 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 apply 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, a lower or failing grade in the course or may require that the student be withdrawn from the course.
        3. Option C: The student will receive a failing grade in the course in which the violation occurred, and an "X" will be placed 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 offered by the University which addresses academic honesty and the ethical and social ramifications of violations of this standard. A student who successfully completes this seminar will have the "X" removed from the transcript and replaced with an "F". This seminar must be completed before the student’s degree is conferred.
      4. If a student denies responsibility for violating the Academic Honesty Policy and is found responsible for a violation through the student conduct process, the academic penalty applied may be no more stringent than that which the faculty member initially prescribed.
      5. If the final academic penalty is a failing grade in the course (with or without the “X” notation) or withdrawal from the course, the student may be prohibited from returning to the class in which the violation occurred.
      6. When a student is charged with an academic honesty violation and the case is referred to the student conduct process, a grade of “I” should be given until the case is completed.

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