CLEMSON UNIVERSITY STUDENT CODE OF CONDUCT 1 TABLE OF CONTENTS I. INTRODUCTION 3 II. STATEMENTS OF AUTHORITY 3 III. JURISDICTIONAL STATEMENTS AND STANDARD OF PROOF 4 IV. DEFINITIONS 4 V. COMMUNITY AND ETHICAL STANDARDS 6 VI. STUDENT DISCIPLINE PROCEDURES 15 VII. THE APPEALS PROCESS 29 VIII. STUDENT CONDUCT RECORDS 31 IX. CONDUCT OF STUDENT ORGANIZATIONS 31 Revised on 08-14-2020 2 CLEMSON UNIVERSITY STUDENT CODE OF CONDUCT I. INTRODUCTION A. Purpose Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. A Clemson student is expected at all times to show respect for civility, community and the rights of others and to exemplify the Clemson University core values of integrity, honesty and respect. Clemson University supports the concept of education. When a student is not a danger to the University community or when the repetition of misconduct is unlikely, the University will make an effort to educate the student through a sanction; but should the student demonstrate an unwillingness to obey the rules governing conduct, he/she may be separated from the University. B. Board of Trustees Policy The Board of Trustees recognizes that there is a valid function performed by faculty, staff and the student body alike in considering and supporting any and all issues, controversial or noncontroversial, within the framework of orderly, peaceful and lawful decorum, demeanor and processes. The Board encourages freedom of speech, including constructive criticism, expression of grievances or petition for redress of wrongs, real or fancied, so long as those rights are exercised in a lawful and peaceful manner. The Board of Trustees is charged by law with the responsibility of making rules and regulations for the University and establishing policy governing the conduct of the University, its employees and its student body. The president of the University is elected by the Board of Trustees to serve at its pleasure. The president is the chief executive officer entrusted by the Board of Trustees with the execution of its policies and the internal government and administration of the University. The Board of Trustees orders and directs the president of the University to administer and enforce its policies as herein announced. In carrying out this responsibility, the president is vested with authority to take such disciplinary action as in his/her judgment the circumstances warrant. The president has delegated this function to the vice president for Student Affairs. II. STATEMENTS OF AUTHORITY A. Authority of the Administration The Board of Trustees reserves for the administration the right to retain any case involving students or recognized student organizations from the jurisdiction of the student body in which the following exist: 1. There is an alleged violation of a conduct regulation where University property has been damaged or destroyed. 2. There is an alleged violation of a conduct regulation where the action in question may threaten the safety of any member of the University community or any University property. 3. There is an alleged violation of a conduct regulation where the action in question would disrupt the educational process and/or orderly operation of the University. 4. There is an alleged violation of a conduct regulation where a federal, state or local law may have been violated. 3 B. Authority of the Student Body The Board of Trustees delegates the following authority regarding Community and Ethical Standards to the student body of Clemson University: 1. To recommend rules that regulate, control and dictate conduct of students attending Clemson University, 2. To create student peer review boards to hear cases, not retained by the administration, of alleged violations of conduct regulations by Clemson University students and to interpret conduct regulations in those cases, 3. To enact procedural rules for student judicial and governmental activities, 4. To enact rules of evidence for the student judicial boards, and 5. To recommend to the administration sanctions for students who violate conduct regulations. III. JURISDICTIONAL STATEMENTS AND STANDARD OF PROOF A. SCOPE The Student Code of Conduct (Code) applies to all students and student organizations as defined below. The Office of Community and Ethical Standards (OCES) may initiate disciplinary action and impose sanctions against a student or student organization for the violation of any conduct regulation that occurs on or off campus when the alleged conduct would, if true, impair, interfere with or obstruct the missions, processes or functions of the University or when the alleged conduct would, if true, endanger the health, safety or welfare of the student or others or would endanger any University property. Conduct associated with computer networks and online environments are included in OCES jurisdiction. B. STANDARD OF PROOF The University utilizes a standard of a preponderance of the evidence for the adjudication of alleged violations of the Code. This means that cases shall be determined on the basis of whether it is more likely than not that the Respondent violated the Code. “More likely than not” means that after assessing the quality of the evidence, the adjudicator will only find a Respondent responsible for the alleged policy violations if the evidence leaves them reasonably convinced that a finding of responsibility is justified. That is, the adjudicator must find that there is sufficient evidence that is relevant, probable, and persuasive to convince the adjudicator that the Respondent committed the alleged policy violations, and that the evidence supporting a finding of responsibility outweighs any evidence that the Respondent is not responsible for the alleged misconduct. C. PENDING CIVIL OR CRIMINAL ACTION For the protection of its interest as an academic community, the University must act promptly to address any issue of misconduct. Therefore, discipline proceedings and actions are not subject to challenge or postponement on the grounds that civil action or criminal charges involving the same incident have been dismissed, reduced or are pending in civil or criminal court. IV. DEFINITIONS Administrative Hearing Board A hearing body consisting of a Chief Hearing Board Chair and at least three voting members. The Administrative 4 Hearing Board hears cases where the alleged conduct, if true, would warrant a Level I Sanction and cases meeting the threshold requirements of Title IX. Advisor A person who assists the parties during the conduct process. More on the role of the advisor can be found in Section VI.C.3. Alleged Victim Any person alleged to have experienced physical injury, harassment, sexual assault, domestic violence, dating violence, stalking, or other sexual misconduct; or the theft of or damage to personal property; or to have been the recipient of direct threats of such actions; committed by a student or student organization. Business Days Days when University offices on the main campus are open. This does not include weekends, holidays, or inclement weather days when University offices on the main campus are closed. Time periods referenced in these procedures do not include the day of the event triggering the beginning of a time period. Case Manager The Case Manager shall be appointed by the Director of OCES and shall be responsible for guiding the case through the disciplinary process. At any time during the disciplinary process, the Director of OCES may assume the duties of the Case Manager. Duties may include, scheduling and holding the Administrative Disciplinary Conference, appointing members of the Administrative Hearing Board, scheduling of the time, date and location of the hearing; transmitting and receiving communications and documents to and from the members of the hearing board, the parties, and other witnesses; making other necessary arrangements for the hearing; and responding to questions from the parties, alleged victims, hearing board members, advisors, and other witnesses. Complaint An allegation of a Code violation. Complainant An alleged victim who is also a reporting person. A University official may be the Complainant in certain cases, including cases where the alleged victim does not wish to file a complaint or cases where the Respondent is a student organization. Consent See Code Section VI.C.3. Chief Hearing Board Chair The Chief Hearing Board Chair presides over the Administrative Hearing Board. The Chief Hearing Board Chair is a nonvoting member of the Administrative Hearing Board who shall, among other things, preserve order at the hearing; rule on all questions of evidence and procedure; may request the appearance of witnesses; and manage the hearing in accordance with University procedures. Investigator Refers to any person or persons authorized by the Director of OCES to conduct an investigation into an alleged Code violation. Level I Sanction The most severe category of sanction issued by the University for Code violations, including eviction from University 5 housing, suspension, or dismissal. Level II Sanction A lower level of sanctions issued by the University for Code violations that excludes Level I sanctions and interim sanctions. Party The Complainant or Respondent. Reporting Person A person who files a complaint alleging a violation of the Code. Respondent A student or student organization alleged to have committed a violation