Wichita State University is a learning community comprised of students, faculty and staff committed to the highest pursuit of intellectual inquiry and knowledge. As members of the WSU community, we:
|1.||"Code" means the WSU Student Code of Conduct.|
|2.||"Day" refers to any day the University is open for official business (usually Monday through Friday).|
|3.||"Faculty member" means any person hired by the University to conduct classroom activities and holds faculty rank.|
|4.||"Hearing Board" means persons authorized by the Director of Student Conduct and Community Standards to determine whether a particular student has violated the Code and to recommend imposition of sanctions.|
|5.||"Judicial Advisor" is the Director of Student Conduct and Community Standards or the University official authorized on a case-by-case basis by the Director of Student Conduct and Community Standards to investigate, conduct the hearing, and recommend necessary sanctions upon students found to have violated the Code.|
|6.||"Member of the University community" includes any person who is a student, faculty member, University official or any other person employed by the University. A person's status in a particular situation shall be determined by the Director of Student Conduct and Community Standards.|
|7.||"Non-faculty employees" are unclassified or classified staff at WSU.|
|8.||"Organization" means any number of persons who have complied with the formal requirements for University recognition.|
|9.||"Policy" is defined as the written guidelines of the University as found in, but not limited to, the Code, Housing and Residence Life Handbook, Graduate/Undergraduate Catalogs, University Policy and Procedures Manual, and Board of Regents policies. The most current version of the University Policy and Procedures Manual is located on the WSU website. In cases of conflict, Board of Regents policies shall be considered as controlling.|
|10.||"Student" includes all persons taking credit and non-credit courses at WSU, both full-time and part-time, pursuing undergraduate, graduate, or professional studies.|
|11.||"University" means "Wichita State University" (or "WSU").|
|12.||"University official" includes any person employed by the University, performing their assigned responsibilities.|
|13.||"University premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).|
The following actions/behaviors shall constitute violations of the Code and will subject any student committing a violation to disciplinary sanctions including separation from the University or any lesser sanction authorized by the Code:
Abuse of the Student Disciplinary Procedures
Engaging or participating in abuse of the student discipline procedures is prohibited, including but not limited to:
Students who compromise the integrity of the classroom are subject to disciplinary action on the part of the University. Violations of classroom standards include:
Students accused of abridging a standard of honesty may protect themselves through established academic appeal procedures and are assured of due process and the right of appeal from accusations or penalties felt to be unjust.
Using, possessing, or distributing alcoholic beverages is not allowed except as expressly permitted by law, University policy, and/or the Housing and Residence Life Handbook. (See the Cereal Malt Beverage and Alcoholic Liquor Policy at Section 11.07 of this manual).
Physical abuse, verbal abuse, threats, intimidation, coercion, and/or other conduct which threatens or endangers the health or safety of any member of the University community or which occurs on University premises is prohibited.
Bribery and Extortion
Bribery, attempted bribery, acceptance of a bribe, or failure to report a bribe is prohibited. Extortion, the act or attempt to get money or anything else of value by violence, misuse of authority or improper threats is not allowed.
Committing Acts of Dishonesty
Including but not limited to the following:
Demonstration and Picketing
Participating in a campus demonstration in contravention of University policies on First Amendment activities is prohibited. (See the Use of University Campus by Non-University Groups for First Amendment Activities Policy at Section 11.12 of this manual).
Engaging in disorderly conduct or fighting is not allowed, which includes but is not limited to, acts which breach the peace or are lewd, indecent, or obscene.
Disruption of Classroom or Other University Activities
Disruptive behavior in a classroom or University-related activity that disturbs the academic pursuits or infringes upon the privacy, rights, privileges, health or safety of other persons or abusiveness toward faculty or fellow students is prohibited.
Students shall not manufacture, possess, use, deliver, sell, or distribute any controlled substance in violation of Kansas law, or any Federal statute, except as authorized by law, Board of Regents policies or regulations, or policies of Wichita State University.
Substances prohibited under this policy shall include, but are not limited to: marijuana, hashish, amphetamines, barbiturates, cocaine, heroin, lysergic acid (LSD), methaqualone, morphine, pentazocine, peyote, phencyclidine, and anabolic steroids.
Falsification of Records or Misrepresentation of Self
Failing to comply with the directions of a University official acting in the performance of his/her duties and/or failing to positively identify one's self to a University official when requested to do so is not allowed. The required form of identification shall be a current, valid University identification card.
Any student who, for purposes of fraud or misrepresentation, falsifies, forges, defaces, alters, or mutilates in any manner any official University document or representation thereof may be subject to discipline. Some examples of official documents are identification cards, program requests, change slips, receipts, transcripts of credits, library documents, petitions for reclassification of residency status, etc.
Fire and Safety
Committing acts of arson, creating a fire hazard, or possessing or using, without proper authorization, inflammable materials or hazardous substances on University property; committing acts which endanger the property of the University (including but not limited to altering or misusing any fire fighting equipment, safety equipment, or emergency device); making false reports of a fire, bomb threat, or other dangerous conditions; failing to report a fire, or interfering with the response of University or municipal officials to emergency calls are not allowed.
Conducting, organizing or participating in any illegal gambling activity on University property is prohibited.
Harassment, an intentional act, or series of acts, which is extreme or outrageous, or calculated to cause severe embarrassment, humiliation, shame or fright, or which is intended to intimidate or ridicule is prohibited. To constitute harassment, the conduct must be of such a nature that a reasonable person would not tolerate it. (See the Sexual Harassment of Students Policy at Section 8.11 of this manual ).
The University strictly prohibits any form of student hazing. Hazing, an act or acts involving any activity which endangers the health or safety of a person, or subjects him or her to onerous, degrading or hazardous tasks, for the purpose of admission into, or affiliation with, any organization operating in conjunction with the University is prohibited, regardless of an individual's willingness to participate in the activity. This includes any action taken or situation intentionally created which produces mental or physical discomfort, embarrassment, harassment, or ridicule of students.
Students should be aware that hazing has been defined as "...willfully and wantonly coercing, demanding and encouraging another person to perform as a condition of membership in a social or fraternal organization, any act which could reasonably, be expected to result in great bodily harm, disfigurement, or death or which is done in manner whereby great bodily harm, disfigurement, or death could be inflicted." (K.S.A. 21-3434CB) Promoting or permitting hazing is a Class B non-person misdemeanor in Kansas.
Improper Distribution of Printed Materials
Posting, affixing, or otherwise attaching written or printed messages or materials, e.g. posters, signs, handbills, brochures, or pamphlets, on or in unauthorized places including but not limited to trees, shrubbery, sidewalks, buildings, and lawn areas is not allowed. (See the Poster/Flyer Policy for University Grounds and Facilities at Section 11.10 of this manual ).
Possessing, duplicating or using keys to any University building or facility without authorization by appropriate University officials or committing an act of unauthorized entry into or use of University building or facilities is prohibited.
Misuse of Computers
Students are subject to all computer lab policies. Violations of these ethical standards and unauthorized or inappropriate use of computers is prohibited. Such use includes but is not limited to:
Improper Response to a Request from a University Official
Refusal of any person while on institutional property to comply with an order from authorized officials to leave such premises or cease behavior that violates the Code is prohibited.
It is the responsibility of each student to answer promptly all written notices from advisers, faculty, deans, and other University officers. Failure to respond in a timely manner will be construed as a waiver of the student's right to respond and, in appropriate circumstances, may result in disciplinary action on the part of the institution.
Committing acts of sexual assault (stranger, date, or acquaintance), sexual abuse, or other forms of coerced sexual activity is prohibited. It is the policy of WSU that the sexual assault of one member of the University community by another will not be tolerated. This policy applies to all members of the University community: students, staff and faculty.
The term sexual assault as used by WSU in this policy encompasses the legal definitions of sexual assault contained in Kansas state law. It includes but is not limited to: acts of rape (stranger and acquaintance) and other forms of coerced sexual activity, including unwanted touching, fondling, or other forms of sexual conduct. Defined as inflicting sexual contact or sexual intrusion upon or engaging in sexual penetration with any person without that person's consent.
For purposes of this section, "without consent" means: when no clear consent is given; when inflicted through force; threat of force or coercion; or when inflicted on a person who is unconscious or otherwise without the physical or mental capacity to give consent, e.g., when someone is under the influence of alcohol or drugs.
If a student is sexually assaulted, the victim is strongly encouraged to report the information to the WSU Police Department and/or law enforcement officials of the city or county. The victim can contact the Division of Campus Life and University Relations if he or she does not wish to report the offense to the police or if he or she desires assistance in notifying such authorities.
Services are available on campus to assist the victims of sexual assault on an immediate and ongoing basis. Victims should seek medical attention immediately as it is important that medical evidence be preserved for the investigation of the incident. Medical follow-up is provided by Student Health Services or local hospitals. Counseling support is available through the Counseling and Testing Center, Student Development and Multicultural Affairs, the Office of Student Life, and the Wichita Area Sexual Assault Center.
Students who wish to seek a change in housing arrangements are encouraged to contact Housing and Residence Life. Changes will be accommodated as reasonably available. Academic assistance is provided through the dean's office of the student's academic college. Other assistance is available through Student Affairs and Student Life.
Wichita State University is committed to a community in which students, faculty, and staff can work in an atmosphere that is free of sexual harassment. Such behavior is costly in human terms, and it is prohibited by law and by University policy. The University intends to prevent sexual harassment and to resolve student complaints of sexual harassment according to the procedures. (See the Sexual Harassment of Students Policy at Section 8.11 of this manual.)
Smoking is prohibited in all buildings on campus, except in designated University housing locations.
Engaging in unauthorized canvassing or solicitation is not allowed.
The unauthorized taking, embezzlement, misappropriation, possession, or attempt to do same, of property owned or maintained by the University, by any person on the campus, or by any person attending a University-sponsored event is not allowed. Attempted or actual theft of and or damage to property of the university or property of member of the university community or other personal or public property is prohibited. Entry into, use of or occupation of any university room, building, underground structure, or restricted area of the campus shall not be allowed.
Violation of Federal or State Laws, County or City Ordinances
Initiation of charges of a violation of such laws or ordinances on University premises or at University sponsored or supervised activities or committing off-campus violations of federal or state laws, or county or city ordinances that adversely affects some distinct and clear interest of the University and/or the pursuit of its objectives may be subject to disciplinary procedures.
If a student is charged only with an off-campus violation of federal or state laws or county or city ordinances, but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the University community. In such cases, no sanction may be imposed under this Code unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., "no contest" or "no lo contendere").
University discipline procedures may be instituted against a student charged with violation of a law or ordinance which is also a violation of this Code, for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
When a student is charged by federal, state, or local authorities with a violation of law or ordinance, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a Hearing Board under the Code, however, the University may advise off-campus authorities of the existence of the Code and of how such matters will be handled internally within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and law enforcement officers, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
Violation of Program and Department Policies, Rules or Regulations
This refers to policies, rules and regulations that are specific to various departments and facilities on campus. The discipline for violations of these rules is outlined within the appropriate department.
Weapons, as defined below, are not permitted on campus or in residence halls unless in the possession of a law officer. Engaging or participating in unauthorized possession or use of explosives, firearms, dangerous weapons, or other hazardous objects or substances is not allowed. Weapons, explosives and other hazardous objects or substances covered by this regulation shall include, but not be limited to the following:
I. Reporting an Incident
Written documentation is needed in order to report an incident and file a disciplinary complaint against a student. Any student, faculty or staff member can file a complaint by submitting pertinent information to the Office of Student Life. This written documentation will be shared with the accused student during the hearing process.
II. Initial Review by Judicial Advisor
A. The Judicial Advisor shall make an initial determination as to whether there is sufficient basis to believe that a violation of the Code may have occurred. To assist in making this initial determination, the Judicial Advisor may decide to interview the complainant and/or other witnesses or to request additional information from the complainant.
B. A student who has been accused of a violation will be notified that a complaint has been filed and provided an opportunity to meet with the Judicial Advisor to review the process and procedures related to the Code.
C. If the Judicial Advisor initially determines there is sufficient basis to believe a violation of the Code may have occurred, then the Judicial Advisor shall promptly notify the accused student in writing and begin interviewing witnesses and reviewing documentation.
D. Once the preliminary review has been completed, if the Judicial Advisor determines a reasonable case exists to justify either expulsion or suspension, the student has the choice to present his/her case to the Hearing Board or to the Judicial Advisor. All other cases will be referred to the Judicial Advisor.
E. During this initial review period, the student may admit the charges or decline to contest such charges, although not actually admitting guilt (e.g., "no contest" or "nolo contendere"). The Judicial Advisor will explain to the student the potential consequences of such action.
III. Hearing Process with Judicial Advisor
Any request to meet with the Judicial Advisor shall be heeded by the student(s) at the time and place set and shall have priority over other duties unless arrangements are made because of extraordinary circumstances. Failure to be present for the scheduled hearing will result in a decision based on the information on hand.
The student is entitled to have an advisor present during the hearing. The advisor may be a parent, attorney, or other designee. Students who wish to bring an attorney shall notify the Director of Student Conduct and Community Standards three (3) days prior to the hearing so that the University General Counsel may be present to advise the Director of Student Conduct and Community Standards. Neither advisor or counsel may speak for the student or Director of Student Conduct and Community Standards.
The student's advisor may not speak for the student and may not appear in lieu of the student. Also, the student's advisor may only address the Judicial Advisor when specifically requested.
At the hearing the student shall be provided with the following:
IV. Hearing Board Process
A. In cases involving potential suspension or expulsion, students may choose to have the disciplinary hearing be conducted by the Hearing Board. The Hearing Board for each case will include: two (2) faculty, two (2) students, and one (1) non-faculty member. Quorum for the Hearing Board is a minimum of three (3) members, one (1) of which must be a student. The student members will be appointed by the Student Government Association and the faculty members and non-faculty employees will be appointed by the Director of Student Conduct and Community Standards.
B. Selections and appointments to the Hearing Board will be for two (2) academic years.
C. All selected Hearing Board members will be required to attend a training session. Only trained members can hear cases.
D. For each hearing, one (1) member shall be designated as chair by the Director of Student Conduct and Community Standards.
E. The Director of Student Conduct and Community Standards may remove a Hearing Board member for justifiable cause.
Notification for Hearing Board Cases
A. The chairperson, who may be assisted by the Director of Student Conduct and Community Standards, will prepare and send written notice to the accused student no less than ten (10) days prior to the hearing date.
B. The written notice will include:
V. Hearing Board Procedures
A. Hearings shall be conducted in private. At the request of the accused student and subject to the discretion of the chair, the hearing may be open.
B. Admission of any person to the hearing shall be at the discretion of the chair.
C. If the complainant fails to appear at the hearing, he/she will be deemed to have abandoned his/her request, unless the complainant can demonstrate that an extraordinary circumstance prevented his/her appearance.
D. Should an accused student fail to appear after proper notification, the accused student shall be considered to have waived the opportunity for appearance and the hearing shall be conducted without the presence of the accused student. Evidence in support of the charges will be presented to and considered by the Hearing Board.
E. The student's advisor may not speak for the student and may not appear in lieu of the student. Also, the advisor may only address the Hearing Board when specifically requested by the chair of the Hearing Board. Hearing Board may ask questions throughout.
F. The chair begins the hearing by introducing the parties involved and reading the charges.
G. Witnesses are notified that they are to testify truthfully and will remain outside hearing room until called.
H. The complainant presents his/her opening statement. (5 minute limit)
I. The accused student presents his/her opening statement. (5 minute limit)
J. The complainant presents his/her witnesses and/or evidence in the order that he/she chooses.
K. Following each witness's testimony, the accused student is given an opportunity to question that witness. An opportunity for further questioning of the witnesses by the complainant and accused student is provided as deemed necessary or appropriate by the chair.
L. Following the completion of the questioning of each witness by the complainant and the accused student, the Hearing Board may question the witness.
M. At the conclusion of the complainant's presentation, the accused student presents his/her witnesses and/or evidence.
N. The complainant and the Hearing Board may question each of the accused student's witnesses. Prior to questioning by the Hearing Board, an opportunity for further questioning by the complainant and the accused student is provided if necessary.
O. In the case of documentary or tangible evidence, the complainant and the accused student may comment on the evidence at the time it is entered into evidence.
P. Following the completion of the accused student's case, the Hearing Board may recall any witnesses for further questioning.
Q. The complainant makes his/her closing statement. No new evidence is allowed to be introduced during the complainant's closing statement. (5 minute limit)
R. The accused student makes his/her closing statement. No new evidence is allowed to be introduced during the accused student's closing statement. (5 minute limit)
S. The formal hearing is concluded.
T. At the conclusion of the hearing, the Hearing Board shall deliberate in closed session. After deliberation and vote, the decision of the Hearing Board will be forwarded to the Director of Student Conduct and Community Standards.
U. Decisions by the Hearing Board shall be majority vote.
V. Hearings will be tape recorded and, upon request, a copy of the tape recording will be provided to the complainant and/or accused student at their own cost.
W. The Director of Student Conduct and Community Standards will advise the accused student of the decision in writing within five (5) days of the hearing. The complainant will be notified of the result of the alleged violation.
Upon the conclusion of a hearing, the Hearing Board members are required to return to the Director of Student Conduct and Community Standards or designee all documents pertaining to the complaint. These documents include, but are not limited to the following: incident reports, police reports, written depositions from witnesses, written statements submitted by the students, as well as any personal notes taken by Hearing Board members during the hearing. The Hearing Board members are also required to refrain from discussing the outcomes of a hearing beyond the confines of the hearing.
VI. Appeals Requests for All Discipline Hearings
A. Accused students are granted one (1) appeal request, which must be made in writing.
B. Appeals requests must be filed with the Vice President for Campus Life and University Relations no later than ten (10) days following the effective date of the Judicial Advisor's or University Hearing Board's decision.
C. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
E. The determination will be based upon the written appeal, the hearing information, and the decision rendered.
F. Following a review of the Hearing Board's recommendation, the Vice President for Campus Life and University Relations shall render a decision which either affirms, denies or modifies the recommendation of the Hearing Board. The severity of the sanction shall not be increased. The Vice President shall issue a written decision no later than ten (10) days following receipt of the Hearing Board's recommendation. When it becomes necessary to conduct further investigation or to remand the matter to the Hearing Board, the written decision will be transmitted no later than ten (10) days following completion of the investigation or the subsequent recommendation of the Hearing Board. Copies of the written decision will be promptly transmitted to the parties and to all members of the Hearing Board.
VII. Temporary Suspension
A. The Director of Student Conduct and Community Standards may temporarily suspend a student prior to a hearing if the Director of Student Conduct and Community Standards determines that the student's conduct presents a danger to himself/herself or the University community. Suspension may be imposed only (a) to ensure the safety and well-being of members of the University community or preservation of University property; (b) to ensure the student's own physical or emotional safety and well-being; or (c) if the student poses a definite threat of disruption of or interference with the normal operations of the University.
B. The Director of Student Conduct and Community Standards shall notify the student of the temporary suspension in writing. The suspension will become effective immediately upon receipt of notice.
C. A student who is temporarily suspended for an interim period shall be provided an opportunity to respond to the allegations no later than three (3) days following the effective date of the suspension.
D. The temporary suspension shall remain in effect until a final decision has been made on the pending complaint or until the Director of Student Conduct and Community Standards determines that the reasons for imposing temporary the suspension no longer exist.
A. Expulsion: Permanent separation of the student from the University. An indication of expulsion may appear on the student's transcript. The expelled student shall not participate in any University-sponsored activity and shall be barred from university premises.
B. Suspension: Separation of the student from the University for a specified period of time not exceeding four (4) semesters or two (2) years. An indication of suspension may appear on the student's transcript. A suspended student shall be barred from the University premises and shall not participate in any University-sponsored activity, except where prior approval has been granted by the Director of Student Conduct and Community Standards.
C. Probation: Probation is the conditional continuation of a student for a specified period of time. This status implies that further violation of the Code may result in suspension or expulsion. Other sanctions may be imposed.
D. Warning: A warning is a written statement of students' guilt for a violation of the Code with caution that further violations may result in additional sanctions. Other sanctions may be imposed.
E. Other Sanctions: Other sanctions may be applied to cover specific situations or conditions. Sanctions that suspend a student's privileges shall have a set time of duration indicating when and under what conditions the student may regain the privilege. The following are a few examples of other sanctions. However, the University Judicial Advisor and Hearing Board are not limited to this list.
A. The Director of Student Conduct and Community Standards may place a hold on a student's academic and other institutional records should the student refuse to respond to, or comply with, the procedures or sanctions imposed in accordance with these rules.
B. Student Disciplinary Records
A. Any question of interpretation regarding the Code shall be referred to the Director of Student Conduct and Community Standards or his/her designee for final determination.
B. The Code shall be reviewed every three (3) years under the direction of the Director of Student Conduct and Community Standards.
C. The Director of Student Conduct and Community Standards is that person designated by the University President to be responsible for the administration of the Code.
This policy shall be included in the WSU Policies and Procedures Manual and shared with appropriate constituencies of the University.
The Vice President for Campus Life and University Relations and the Director of Student Conduct and Community Standards shall have primary responsibility for the publication and distribution of this University policy.
August 1, 1998