Student Statement Of Rights and Responsibilities
The University reserves the right to implement changes at any time. All
changes are applicable to all students when and as announced.
Benedictine University is both a Catholic and an academic community
dedicated to the advancement of learning and committed to a philosophy of
mutual tolerance and respect. Benedictine University is a community of
people with distinct backgrounds: ethnic, racial, cultural and religious. We
are also a community with a variety of roles: faculty, staff and student.
Despite these differences, we are a community with a common interest in
creating an environment which encourages the growth and development of all
people. We understand that such an education consists of both classroom work
and the full experience that university life can provide. To promote such a
learning environment, the University provides a Statement of
Responsibilities and a set of policies each student accepts while a member
of the community. Current county ordinances and state law will apply to all
community members.
The University attempts to establish a climate which encourages the
assumption of responsibility by students for their individual and collective
actions minimum regulation. It shall be the responsibility of each student
to comply with the appropriate standards of conduct and decorum befitting
members of an educational community. The activities enumerated below
constitute major violations of University rules, regulations, policies, and
standards of conduct and shall be subject to disciplinary action. A student
attending a University-sponsored function off campus is subject to the same
standards of conduct as those expected on campus. Because Benedictine
University is located within a community, any Benedictine University student
who has been involved in violating civil or criminal laws also may be
subject to University judicial proceedings. Violations of local, state or
federal laws, or regulations on campus may also result in the filing of
criminal charges.
Statement of Responsibilities
You are encouraged to develop a sensitivity to and an awareness of your
environment by formulating and accepting a personal code which is compatible
with the code of the community of which you are a member; that is, the
Benedictine Commitment. This means that you must analyze your motives, study
your impulses, accept responsibility for your behavior and discover the
freedom and limits of that freedom as a community member. When a student
becomes a member of the Benedictine University community, that student
agrees to abide by all University policies and to accept four
responsibilities: to self, to colleagues and community, to the University
and to one's education. The policies that the University will enforce in
this area include, but are not limited to prohibition of the following:
I. Responsibility to Ourselves
To engage fully in the pursuit of an education, one must treat oneself with
respect. This means many things, but such self-respect is fundamentally a
commitment to personal integrity and individual wellness. Those who are
committed to personal integrity show a willingness to be accountable for
their own actions. They conduct themselves honestly, thoughtfully and
consistently with the values of the community. In addition, they strive for
comprehensive personal health. In doing so, they avoid practices which harm
the body and the mind such as excessive consumption of alcohol or the
recreational use of drugs. They endeavor to develop self-esteem and feel
called to live in ways that exhibit leadership, ethics and values. All
students will be required to pursue their academics to the best of their
abilities (studying and attending classes). Students may lose their
privileges (housing, parking, etc.) if they do not maintain their commitment
to their course work.
- All forms of dishonesty including cheating, plagiarism, knowingly furnishing false information to the institution and forgery, alterations or use of institutional documents or instruments of identification with the intent to defraud.
- Misuse of alcohol. The legal age for the possession and use of all alcoholic beverages in Illinois is 21. Fraudulent identification for the purpose of securing alcoholic beverages and/or purchasing such beverages for minors is a violation of state and local law. Students who are 21 years of age may consume beverages in Neuzil rooms only when the doors are closed and students under 21 years of age are not present (see Residence Life Handbook).
- Gambling is not permitted on University grounds, in residence halls, or at official functions of student organizations.
- Possession, use or sale of controlled substances or drug paraphernalia is not permitted. Benedictine University has the obligation to uphold federal, state and local laws with regard to the possession and use of drugs by its students. The University will not protect students from legal investigations and action and will cooperate with legal authorities when necessary. Although students so involved are subject to University action, the University reserves the right to view each case of drug abuse as an individual case, with the kind of drug and level of involvement as criteria for the action and role taken by the University in the case (see "Substance Abuse Policy").
- The University has instituted a fire safety action plan. Upon hearing a fire alarm, you must
leave the building immediately—a civil citation may be issued up to $500 if you fail to do so.
If you are in a classroom at the time, you must follow the instructions of your teacher.
II. Responsibility to Colleagues and Community
To allow others to engage fully in the pursuit of their own education, one
must treat other members of the University community with respect. To do so
involves a commitment not only to refrain from conduct that harms, but also
to engage in the conduct that makes the community a better place for all to
live and learn. Only the individual can accept the duty to act
affirmatively. The University is committed to an environment that encourages
such a duty, and it sets forth the following policies to guide conduct
concerning classmates and other members of the community.
- Physical confrontation of and/or bodily harm to any person on University premises.
- Hazing of any person by a campus organization or another person is prohibited. Benedictine University prohibits conduct by an individual, organization or group affiliated with the University that is in violation of the Illinois Law on Hazing, or any hazing activity which threatens a person's rights of self-respect, which disrupts community life, or which encourages the violation of civil, state or federal law, or Benedictine University Policies and Procedures.
- Discriminatory harassment to any person on University premises or at University-sponsored functions. (See "Discriminatory Harassment Policy")
- Failure to comply with directions of University officials acting in performance of their duties.
- Community members may not engage in conduct unbecoming of a Benedictine University student.
III. Responsibility to the University
To assist the University in offering the finest education possible, one must
treat the University campus and the University resources with respect. Such
respect involves stewardship of community assets through responsible use, as
well as refraining from damaging or misusing University facilities and
resources.
- Disruption of the University community or obstruction of teaching, research, administration, disciplinary proceedings, or other institutional activities.
- Theft from or damage to University property or the property of a member of the University community.
- Acts of vandalism or malicious defacement of property, or the property of the University community, including tampering with telephones and safety and/or fire equipment on campus.
- Unauthorized possession or use of campus keys, access cards or identification cards.
- Violation of published University regulations including those relating to entry and use of University facilities, and any other regulations, which may, from time to time be enacted.
- Violation of rules applicable to residence halls.
- Contempt of the judicial process or its authorities.
- Violation of local, state, or federal laws or regulations.
- Promotion of self-inflicted activities on the Internet, including harming others and underage drinking.
Responsibility to One's Education
To ensure a comprehensive and authentic education, the student is responsible for planning his/her academic program and progress, and for evidencing academic performance with honesty and integrity. Intended learning cannot be evidenced if one misrepresents the work of others as his/her own. While the University encourages students to assist one another (e.g. tutoring; group projects), the student is accountable for work submitted to meet his/her requirements. Faculty members and advisors are available to assist the student in program planning and in academic achievement. The student has accountability for meeting course, degree and graduation requirements.
See Academic Life Section »
Academic Policies
Policies and procedures related to academic courses and programs can be found in the respective Undergraduate Catalog and Graduate Catalog. The student uses and continues to follow the catalog which includes the term of degree entry.
Alcohol Policy
Abide by current county ordinances, state law and University policy.
Benedictine University's policy regarding the use of alcohol should be
viewed in the Residence Life Handbook.
Students should also be aware that in the event prosecution occurs inside or
outside the University, applicable legal sanctions under state and/or
federal law for unlawful possession and/or consumption of alcoholic
beverages includes fines or imprisonment.
Alcohol education programs are conducted routinely at Benedictine
University. Students experiencing difficulties with alcohol or drug use are
encouraged to talk with a staff member in Health Services, the Dean of
Student Affairs, or other members of the University staff.
Drug Free Campus/Workplace Policy
The use, possession or distribution of any drug, including marijuana, or
drug paraphernalia on any University property or as part of a University
sponsored activity, in violation of the law is strictly forbidden. Anyone
violating the law may be turned over to civil authorities for prosecution
and will be subject to all of the University's disciplinary procedures.
Students should not be in a room where drugs or drug paraphernalia are
present. Both Illinois and federal law prohibit the possession and/or
distribution of illicit drugs and any student suspected of breaking the law
will be subject to University review and sanction. Criminal penalties
include fines, imprisonment and, in certain cases, the seizure and
forfeiture of the violator's property. In addition, federal and other forms
of financial aid may be forfeited.
Drug Free Campus/Workplace Policy
The use, possession or distribution of any drug, including marijuana, or drug paraphernalia on any
University property or as part of a University sponsored activity, in violation of the law is strictly
forbidden. Anyone violating the law may be turned over to civil authorities for prosecution and will
be subject to all of the University’s disciplinary procedures. Students should not be in a room where
drugs or drug paraphernalia are present. Both Illinois and federal law prohibit the possession
and/or distribution of illicit drugs and any student suspected of breaking the law will be subject to
University review and sanction. Criminal penalties include fines, imprisonment and, in certain
cases, the seizure and forfeiture of the violator’s property. In addition, federal and other forms of
financial aid may be forfeited.
Smoking/Tobacco Policy
In an attempt to respect the rights of both non-smokers and smokers, and with a definite concern
for health of all members of its community, Benedictine University has developed the following
policy for tobacco use on campus. Smoking or use of any form of tobacco IS NOT permitted inside
any academic, residential or administrative building on campus. This policy implements the
Illinois Clean Air Act of 1990.
All smoking or tobacco materials are to be properly extinguished and disposed of in a cautious,
sanitary and appropriate manner.
Non-Discrimination Policy
Benedictine University does not discriminate in its admission policies, programs or activities;
educational policies; scholarship and loan programs; athletic and other University administered
programs or employment practices and programs on the basis of age, religion, sex, disabilities, race,
color, national and ethnic origin. In addition to meeting fully its obligations of non-discrimination
under federal and state laws, Benedictine University is committed to maintaining a community in
which a diverse population can live and work in an atmosphere of tolerance, civility and mutual
respect for the rights and sensibilities of each individual, regardless of difference in economic status,
ethnic background, political views or other personal characteristics and beliefs.
The University is also committed to providing all of its students, faculty, staff and visitors with
reasonable access to its programs, events and facilities. To this end, and in compliance with the
American With Disabilities Act of 1990, the University has made and continues to make
modifications to its facilities and programs so as to provide access for those individuals with
disabilities. If a person believes they have been a victim of discrimination or harassment or for further
information and assistance, they may contact the Associate Vice President for Student Life.
Compliance with Federal Non-Discrimination Regulations
Several federal regulations have been adopted that have as their purpose the
protection of students' rights. Of particular interest are the following:
- Equal Opportunity: Benedictine University supports the principles of equal opportunity for employment to all qualified persons without regard to race, gender, religion, color, national origin or age. Inquires regarding compliance may be directed to the Benedictine University Personnel Services Office or to the Director of the Offices of Civil Rights, Department of Education, Washington D.C.
- Title IX: Benedictine University does not discriminate on the basis of gender, in accord with Title IX of the 1972 Education Amendments, in its educational programs, admission policies, activities or employment policies. This legislation provides that no person in the United States shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. This includes protection from sexual harassment. Inquiries regarding compliance may be direct to the Associate Vice President for Student Life.
- Rule 504 for the Handicapped: Benedictine University does not discriminate against handicapped persons, as defined in the Rehabilitation Act of 1973 (Public Law 93-112), in its educational programs, admission policies, activities or employment policies. Section 504 of the Rehabilitation Act, as amended, provides that no otherwise handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied benefits, or be subjected to discrimination under any program or activity receiving financial assistance. The Americans with Disabilities Act (ADA) of 1990 provides comprehensive civil rights protection to individuals with disabilities and prohibits discrimination on the basis of disability in employment, places of public accommodations, state and local government services and telecommunications. Inquiries regarding compliance may be directed to the Associate Vice President for Student Life.
On-campus grievance procedures for alleged violations of the
non-discrimination regulations are the same as those employed for
challenging violations of the Family Education Rights and Privacy Act of
1974.
Hate Crime Policy and Procedures
A hate crime is classified by law as a felony offense and are in direct
violation of the University non-discriminatory policies. Therefore the
University, in addition to processing hate crimes in accordance with the
law, may simultaneously proceed with internal investigatory and adjudicative
processes as defined by our handbook. A person commits hate crimes when by
reason of the actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability or natural origin
of another individual or group of individuals, he commits assault, battery,
aggravated assault, misdemeanor or criminal danger to property, criminal
trespass to property, mob action or disorderly conduct, and/or harassment by
telephone.
A person who has been a victim of a hate crime may report the crime to the
DuPage County Sheriff (Dial 911), a residence hall staff member, the Dean of
Student Affairs, health/counseling office or an outside community agency .
Those who report a hate crime will be advised of the importance of
preserving evidence which may be necessary to provide proof for prosecution.
Hate crimes will be reported to the DuPage County Sheriff's Department.
The University will support services for persons who have been victims of
hate crimes. Staff will serve in an advocacy role and help refer individuals
for appropriate medical, police, judicial and counseling assistance. Upon
request, assistance will be provided in changing academic schedules and
living arrangements.
When criminal charges are filed, judicial procedures will begin against the
student. The alleged misconduct of a student will be subject to review
through formal hearing procedures, both the accused student and the victim
will be afforded the opportunity to present relevant information, be
accompanied by a support person from the Benedictine Community, and be
apprised of the results of the hearing. In the event the accused is found in
violation, the entire range of sanctions outlined in the Student Handbook
may be considered, including, but not limited to, no trespass Status to
certain campus locations, no contact with the victim, probation suspension
or dismissal from the University.
Sexual Assault Policy and Procedure
The term sexual assault as used by Benedictine University encompasses the
legal definitions of sexual abuse and sexual assault contained in Illinois
State law. Benedictine University defines sexual assault as any form of
forced sexual contact, including, but not limited to, acts of rape (stranger
and acquaintance), as well as unwanted touching, fondling or other forms of
sexual conduct.
Sexual assault is a serious violation and will not be tolerated. This policy
applies to all members of the campus community: students, staff, faculty and
visitors.
A person who has been a victim of sexual assault may report the crime to the
DuPage County Sheriff (Dial 911), a residence hall staff member, the Dean of
Student Affairs, health/counseling office or an outside community agency
such as the DuPage Women Against Rape Hotline at (630) 971-3927. Those who
report a sexual assault will be advised of the importance of preserving
evidence which may be necessary to provide proof for prosecution.
The University provides support services for persons who have been victims
of sexual assault. Staff will serve in an advocacy role and help refer
individuals for appropriate medical, police, judicial and counseling
assistance. Upon request, assistance will be provided in changing academic
schedules and living arrangements.
When criminal charges, are filed, judicial procedures will begin against the
student. The alleged misconduct of a student will be subject to review
through formal hearing procedures, both the accused student and the victim
will be afforded the opportunity to present relevant information, be
accompanied by a support person from the Benedictine Community, and be
apprised of the results of the hearing. In the event the accused is found in
violation, the entire range of sanctions outlined in the Student Handbook
may be considered, including, but not limited to, no trespass status to
certain campus locations, no contact with the victim, probation, suspension
or dismissal from the University.
Within this context, sexual assault is an extreme, severe, and criminal form
of harassment deserving special attention. Initially, this attention
consists of readily accessible reporting and support systems available to
victims.
Illinois law recognizes criminal and aggravated criminal sexual assault as
felonies. Furthermore, the crimes of criminal and aggravated criminal sexual
abuse exist in Illinois and also are considered serious. These crimes fall
within the context of the University's programs on responding to sexual
assault. The law applicable to these crimes is spelled out in Illinois
Compiled Statues, 1992, Chapter 720, Paragraphs 5/12-13 to 5/12-16. In
addition, the Federal Cleary Act requires that all sex offenses, to include
sexual assaults, be made known to the campus community through the Annual
Crime Report published each year on September 1.
If a victim decides not to file criminal charges to the DuPage County
Sheriff's Police, it is recommended that the individual contact a University
or community resource to get support. Each student is entitled to
confidential services either on or off campus whether or not charges are
pressed. Resources both on campus and in the community are:
On-Campus Resources
Student Health Services
(630) 829-6046
Krasa 116
Off-Campus Resources
YWCA
201 N. River Street
Aurora, IL 60506
(630) 896-8588
DuPage Women Against Rape (DWAR)
24-hour emergency number (630) 971-3927
Non-emergency number (630) 790-6600
DuPage County State's Attorney Victim/Witness Coordinator
505 N. County Farm Road
Wheaton, Illinois 60187
(630) 682-7050
The Bill of Rights for Victims and Witnesses of Violent Crime is an Illinois
Law (Illinois Complied Statutes, Chapter 724, paragraph 120/4) that ensures
fair and compassionate treatment for victims and witnesses of violent crime.
The law guarantees two basic rights to crime victims and witnesses - the
right to obtain information from the criminal justice system, and the right
to be treated in a humane way by the system.
Illinois Domestic Violence Act: Rights of Victims
"Battery is a crime. Any person who hits, chokes, kicks, threatens, harasses
or interferes with the personal liberty of another person has broken the
law. Victims of domestic violence have the right to be protected from
further abuse, neglect, and exploitation and may press criminal charges
against the abuser.
Domestic violence is a learned pattern of behaviors used by one person in a
relationship to control the other person. The partners may be married or
not, gay or lesbian, living together, separated or dating." (excerpt from
the Illinois Domestic Violence Act)
The violence can be criminal and includes physical assault, sexual abuse and
stalking. The violence takes many forms and can happen all the time or once
in a while. If you are in an abusive situation, you are not to blame and are
urged to seek help. For on-campus resources refer to the following
resources:
Domestic Violence Resources
Family Shelter Service
24 hours a day
(630) 469-5650
Illinois Coalition Against Domestic Violence
(217) 789-2830
Discriminatory Harassment And Sexual Harassment Policy
The University believes that all employees and students should be able to
work and learn in an educational environment free from discriminatory
harassment. Harassment of any person or group of persons on the basis of
race, color, national origin, religion, gender, sexual orientation, age,
disability, veteran's status, or other protected status, as those terms are
defined by applicable state and federal laws, is a form of discrimination
specifically prohibited and not tolerated in the Benedictine University
community. Any employee, customer, student, vendor or other affiliated
person who violates this policy will be subject to disciplinary action up to
and including permanent exclusion from the University or termination in the
case of employees.
Harassment is expressly forbidden and includes unwelcome conduct (verbal,
written, graphic or physical) directed against any person or group of
persons because of the individual's or group's protected status. The
University will not tolerate harassing conduct that affects tangible job
benefits, that interferes unreasonably with an individual's work
performance, or that creates an intimidating, hostile, or offensive working,
educational or learning environment.
To succeed personally and academically, an individual must be able to live
free from unnecessary emotional stress caused by others. Physical or
emotional harassment will not be tolerated in an academic community.
Therefore, it is the policy of Benedictine University that all students,
employees, and student staff should be able to enjoy and work in an
educational environment free from harassment and intimidation. Harassment
and intimidation includes conduct (oral, written, graphic, or physical).
Harassment of any person or group of persons on the basis of ability, sexual
orientation, age, beliefs and values, economic class, ethnicity, gender,
personal experience, national origin, physical appearance, race, religion,
social status, and veteran's status as those terms are defined by applicable
state and federal law, is a form of discrimination specifically prohibited
in the University community. Harassment of any person, discriminatory or
not, is not tolerated. Additionally, no person shall exhibit behavior that
harms or threatens to harm another person or another person's property.
Any student who violates this policy will be subject to disciplinary action
up to and including permanent removal from the residence hall community and
evaluation of employment or student status. Sexual harassment deserves
special mention. Unwelcome sexual advances, requests for sexual favors, and
other physical, verbal, or visual conduct based on sex constitutes sexual
harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or a student's status in a course, program or activity or;
- Submission to or rejection of such conduct by an employee or student is used as the basis for employment or academic decisions;
- The conduct has the purpose or effect of unreasonably interfering with an employee's work performance, a student's academic performance, or creating an intimidating hostile, or offensive employment, educational, or living environments.
Depending on the circumstances, sexual harassment may include:
- same sex harassment;
- explicit propositions;
- suggestive comments;
- sexually oriented "kidding," "teasing" or "practical jokes;"
- jokes about obscene printed or visual material;
- physical contact such as patting, hugging, pinching or brushing against another's body.
Responsible Use of University Technology Resources Policy
Information on the responsible use of University technology resources will
be distributed separately by the Office of Information Technology.
Information on Social Networking
Insurance Policy
In the event of loss or damage to your personal property while working,
residing or visiting at Benedictine University, the Business Office can
issue a statement, should you wish to file a claim against your personal
insurance policy. The University is not responsible for any personal
property loss.
In order to have the statement prepared, the damage or loss should be
reported to Public Safety as soon as possible. A copy of the Public Safety
report should be brought to the Business Office with a note indicating the
name and address of your insurance carrier, and your address. Our statement
will be prepared and mailed to you for attachment to your claim.
Family Educational Rights and Privacy Act (FERPA)
Benedictine University maintains an educational record for each student who
is or has been enrolled at the University. In accordance with the Family
Educational Rights and Privacy Act of 1974, as amended, (hereafter "Act")
the following student rights are covered by the Act and afforded to all
eligible students:
- The right to inspect and review information contained in the student's educational records.
- The right to request amendment of the contents of the student's educational records if believed to be inaccurate, misleading, or otherwise in violation of the student's privacy or other rights.
- The right to request a hearing to challenge the content of the educational record. The right to prevent disclosure without consent, with certain exceptions, of personally identifiable information from the student's educational records.
- The right to secure a copy of the University's policy.
- The right to file complaints with the U.S. Department of Education concerning alleged failures by the University to comply with the provisions of the Act.
Each of these rights, with any limitations or exceptions, is explained in
the University's policy statement.
Benedictine's Registrar may provide directory information in accordance with
the provisions of the Act without the written consent of an eligible student
unless it is requested in writing that such information not be disclosed.
The items listed below are designated as Directory Information and may by
released as to any student for any purpose at the discretion of the
University unless a written request for non-disclosure is on file:
- Category I: Name, address, telephone number, dates of attendance, class
- Category II: Previous institution(s) attended, major field of study, awards, honors, degree(s) conferred
- Category III: Past and present participation in officially recognized sports and activities, physical factors of athletes (height and weight), date and place of birth
Current eligible students may prohibit general disclosure of this Directory
Information by notifying the Registrar's Office in writing, within 10 calendar
days after the first scheduled class day of each fall term, Benedictine University
will honor the request for one academic year only, therefore, the student must
consider the consequences of any decision to withhold any category of Directory
Information. Regardless of the effect upon a student, the University assumes
no liability that may arise out of its compliance with a request that such information
be withheld. It will be assumed that the failure on that part of a student to
request the withholding of Directory Information indicates the student's consent
to disclosure.
For more information, visit
www.ben.edu/advising/understandingferpa.asp.
Disciplinary and Counseling Records Procedure
Information from student disciplinary or counseling files is considered a
confidential, educational record and is not available to unauthorized
persons on campus. To comply with federal law, as well as for reasons of
confidentiality, disciplinary records/files may not be released to anyone
off-campus unless under legal compulsion or in cases where the safety of
persons or property is involved. A student's disciplinary record/file may
only be reviewed by the student within the confines of the Benedictine
University campus and the guidelines designated by the appropriate
University administrator, generally the Dean of Students. Only the student
and authorized persons may have access to such records. The University will
take all reasonable steps to insure that the confidentiality of student
educational records is maintained. Any questions concerning the student's
rights and responsibilities under the Family Educational Rights and Privacy
Act should be referred to the Office of the Registrar.
Freedom of Expression Procedure
Benedictine University in its role as an academic institution, is committed
to an environment in which a variety of ideas can be reasonably proposed and
critically examined. The University community recognizes that the freedom of
inquiry and expression which we seek to encourage may produce conflicts of
beliefs, and of proposals for action.
It is the responsibility of all members of the University community to
maintain channels of communication which will foster a climate favorable to
the freedom of expression.
Implicit in this freedom and with regard for the common purposes of the
institution is the right to dissent and demonstrate in a peaceful and
non-disruptive manner without unreasonable obstruction or hindrance. The
University expects that those who enjoy these freedoms must also accept
responsibility for order and discipline. Permissible speech does not include
unlawful activity, activity that threatens or endangers the safety of any
member of the community, destruction of property or obstruction of the
normal operations of the University and will not be tolerated.
Guidelines for Demonstrations
Persons planning a demonstration should meet with the Associate Vice President for Student Life or her/his designee to discuss arrangements for the event.
Procedures for Handling Disruptive Actions Demonstrations
The Director of Public Safety, in consultation with University officials,
will determine the point at which the normal operations of a specific
building or area are disrupted. If it is decided that the demonstration is
disruptive, a Vice President or his/her designee will inform the
demonstrators that their actions are disrupting the normal process of the
area in question and that they should cease and desist their activities. The
demonstrators will also be informed specifically how they may continue their
demonstration in a manner which is not disruptive. If the above described
internal measures fail to achieve the desired results, the University
reserves the right to ask for the assistance of civil authorities. Any
student in a disruptive demonstration when the civil authorities are called
for assistance may be arrested and may be suspended pending formal action
consistent with the University conduct system. Any person not officially
associated with the University who is participating in a disruptive
demonstration when the civil authorities are called for assistance will be
arrested and may be prosecuted. Just as Benedictine University expects the
members of its community to abide by the above regulations, it likewise
expects that any action taken to enforce compliance with regulations or
prevent prohibited activity should be appropriate and proportionate using
only the minimal force that is necessary. The University expects all persons
will comply with the directions of an authorized official.
Student Publications
Editorial Policies of the Student Newspaper:
- Purpose: Student publications and the student press are a valuable aid in establishing and maintaining an atmosphere of free and responsible discussion and of intellectual exploration of the University.
- They are formalized communicative publications which act as a forum for facts, information and opinion available to the entire University community.
- They are a means of bringing student concerns to the attention of the faculty, the administration, the student body and various other segments of the profession, and of formalizing student opinion on various issues at the University, and in the community.
- Responsibility and Liability: The following two statements will appear in bold-faced type in the student newspaper:
- Published by the students of Benedictine University.
- The opinions expressed in this paper are solely those of the writer, and are not necessarily representative of the opinions of the student newspaper or Benedictine University students, faculty, staff, administration or trustees.
- The bylaws and policies of the Candor must be filed for public information with the Director of Student Activities, to include, but not limited to the roles and responsibilities of the faculty advisor, editor and all managerial staff.
Conflict Resolution Procedures
A failure to abide by your Responsibilities and any University Policies and
Procedures will be resolved through the campus resolution procedures. Many
times misconduct can be resolved informally, but situations may require a
more formal procedure. The procedure is grounded in the concept of fairness
and impartiality, thereby supporting the values of our community by
addressing misconduct in a constructive and positive way. Community members
are notified that a report with their name has been filed.
Any member of the University community may file reports. After an incident report is filed, an
investigation will be conducted by the Associate Vice President for Student Life Office. If University
judicial action is warranted, a student will receive a phone call and/or e-mail to their student e-mail
account notifying them that a charge has been filed. Student will have seven business days to
schedule a meeting with the Associate Vice President for Student Life Office regarding the charge(s).
The following options will be considered by Associate Vice President for Student Life office:
Mediation
Incidents may be resolved through mediation - a voluntary, private and
informal process.
Hearings
Two kinds of hearings are possible: an administrative hearing and panel
hearing. Administrative hearings can be used to resolve minor disciplinary
matters. Hearing panels can be convened to resolve more serious matters,
i.e. those that may result in a student being suspended or dismissed from
the University or residence halls (not limited to theft, dangerous weapon
possession, misuse of fire protection equipment, sexual assault, illicit use
of drugs and repetitious misconduct). The
Associate Vice President for Student Life may also resolve serious matters.
Administrative Hearing
Appointed University Officials, including the Associate Vice President for Student Life and Residence
Life Staff (not including Resident Assistants), and Hall Governing Board may
conduct an administrative hearing.
Panel Hearing
The Associate Vice President for Student Life Office will maintain a list of trained community
members (students, staff and faculty) to act as hearing panel members.
Hearing Process
The Associate Vice President for Student Life Office has a detailed explanation of the
process. The following provides the basic procedure. Students are expected
to obtain further details if they attend a hearing panel. The hearings will
follow appropriate procedures to ensure a fair process. The parties will
have the opportunity to present any facts to substantiate the claim,
including witnesses.
Hearings will proceed in the absence of a respondent who was given proper
notice, who does not request a postponement and who does not attend the
hearing. No parent, guardian, legal counsel or person outside of the
University community is allowed to appear at the hearing, except if criminal
proceedings are occurring simultaneously.
To ensure a fair process, parties may request community members assistance
in preparing for and participating in the investigation and hearing process.
Students, faculty or staff who agree to assist and/or attend the hearing
with the party, but not to speak at the hearing, shall provide such
assistance. In the event a party is unable to locate someone to act in this
capacity, they may request the assistance from the Dean of Students office.
Upon reaching a decision, the administrator, or Hearing Panel will inform
the Dean of Students office in writing of the decision reached. The
administrator or Hearing Panel will, in addition, be responsible for
assigning a remedy in the event it finds that a violation of the Statement
of Responsibilities or of a University Policy has taken place. Consideration
of a student's entire disciplinary record at Benedictine University will be
taken into account when designing an appropriate sanction.
Appeal Process
The University and a student may appeal a decision made by a hearing
concerning the finding of a violation or the remedy imposed within five days
of notification of a decision. To do so, the student must deliver a
typewritten explanation of the grounds upon which the appeal is made to the
Dean of Student Affairs Office. The burden of demonstrating an inequity in
the hearing or remedy shall lie with the student. The final decision will
rest with the Dean of Student Affairs Office. A diversion of these
procedures, unless it results in significant prejudice to a party, shall not
invalidate these proceedings.
Sanctions
Sanctions are defined and imposed as follows:
| A. |
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Warning: |
A written statement to the student indicating disapproval of his/her conduct or violation of regulations, and stipulating that continuation or repetition of such action may be cause for more severe judicial action. |
| B. | |
Restitution: | Reimbursement for damage to or mishap of property. Restitution may take the form of monetary compensation or the appropriate service to repair damages and may be combined with another type of sanction.
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| C. | |
Monetary Fine: | Financial assessment imposed according to specific sums stipulated in published rules and regulations, or when no sum is so stipulated, according to the merits of the case and established precedents.
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| D. | |
Disciplinary Probation: | The student is informed in writing that any subsequent misconduct or violation of institutional regulations during a specified period of time will be evaluated within the context of his/her probationary status and may result in suspension or expulsion. The terms of probation apply during the period of probation and may include any of the following:
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1. |
May not become an officer or student representative in any University organization or committee |
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2. | May not represent the University at any public function, including intercollegiate or co-curricular activities |
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3. | May not be eligible for scholastic honors or distinctions |
| E. | |
Counseling or Psychological Treatment Mandate: | If deemed necessary due to physical or psychological problems, a student can be required to provide a release of information form to verify psychological/substance abuse/evaluation and may have further treatment mandated as a condition of enrollment.
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| F. |
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Residency Probation: | The student is informed in writing that their general behavior in the residence hall indicates that they are not able to appropriately adjust to group living, and that any subsequent misconduct or violation of institutional regulations may result in the termination of their residence hall contract. In such cases, room and board charges will not be prorated or refunded.
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| G. | |
Community Service: | The student will be assigned a task to complete that will, on many occasions, relate to the inappropriate behavior. A time frame will be set up for the completion of this task and the student will be assigned a supervisor to report to.
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| H. | |
Behavioral Contract: | A contract between the student and the University that limits students activities and spells out specific consequences for violation of the contract may be issued.
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| I. | |
Special Projects: | An assignment relating to the offense may be issued as a possible sanction.
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| J. | |
Suspension: | The student is informed in writing that he/she must leave the University community temporarily. Suspension shall be interpreted to include any or all of the following stipulations: the student may not attend classes, contact faculty, reside on campus or visit the residence halls, frequent campus facilities, and participate in campus activities or exercise student privileges. Suspension may be specified as follows:
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| 1. | |
Terms: suspension may be stipulated for a specified period of time after which the student is automatically eligible for readmission. |
| 2. | |
Conditional: suspension may be stipulated for an indefinite period of time premised on the student's accomplishment of certain specified conditions. |
| 3. |
| Interim: the University reserves the right to suspend a student on an interim basis when circumstances and facts indicate the student's continued presence on the campus constitutes an unreasonable danger of harm, danger to institutional property, to the student involved or to others. Interim suspension may be interpreted to permit all of the stipulations stated above, or it may be interpreted to permit students to continue attending classes while they are suspended from representing the University in extracurricular activities, including intercollegiate athletics.
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| K. | |
Expulsion: |
The student is informed in writing that he/she is permanently separated from the University. |
*This document does not and cannot include all information that may lead to
sanctions.*
Non-Sanction Resolutions
Interim Intervention
The University reserves the right to suspend a student on an interim basis
when circumstances and facts indicate that the student's continued presence
on the campus constitutes an unreasonable danger of harm or injury to
institutional property, the student involved or others. Students may also be
suspended on an interim basis while undergoing judicial resolution by
University or by civil authorities.
Involuntary Withdrawal
A student may be subject to involuntary withdrawal from the University or
from the residence halls, if it is determined that the student is suffering
from a mental illness, and/or engages (or threatens to engage) in behavior
which poses a danger of causing physical harm to self or others; engages in
behavior which would cause property damage, impedes the lawful activities of
others or disrupts the community.
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