Article IV: University Standards
A. Jurisdiction of the University
The University standards shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the University community and/or pursuits of its objectives and Mission. Each student shall be responsible for his/her conduct from the time of matriculation through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between semesters or actual enrollment. The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Director of Student Conduct shall decide whether the Student Code shall be applied to conduct occurring off-campus, on a case-by-case basis.
The University reserves the right to proceed in all cases regardless of a student’s withdrawal.
Any student who withdraws or fails to return to the University while disciplinary action is pending or fails to appear for a scheduled hearing will be ineligible for readmission, registration, receipt of a transcript, or diploma until the outstanding matter is resolved. Consideration for readmission would require an appeal in writing to the Executive Vice President for Student Life.
The University reserves the right to formally restrict individual(s) from the Duquesne University grounds while such disciplinary action is pending.
A student who plans to study abroad is advised to notify the Office of International Programs immediately of any pending disciplinary action as such a matter could change a student’s disciplinary status with the University and jeopardize a student’s ability to participate in a study abroad program.
Duquesne’s Code of Student Rights, Responsibilities and Conduct and the procedures through which it is implemented will apply to students studying abroad.
B. Racism, Sexual Harassment, Sexual Violence and Others Forms of Discrimination
Duquesne University seeks to foster a safe environment conducive to learning and the free exchange of ideas. In accordance with the Mission of the University and all policies residing under the Student Code, any offense motivated by discrimination will not be tolerated. An offense motivated by racism, sexual harassment, sexual violence, or others forms of discrimination wherein the accused intentionally selects the alleged victim(s) because of race, color, religion, disability, national origin, sexual orientation,
political affiliation, gender, age, marital status, or inclusion in any group protected by law is considered an offense motivated by discrimination. Students found responsible for violations of the Student Code based on bias will be subject to stringent sanctions.
C. Title IX: Sexual Harassment and Violence
Pursuant to Title IX of the Educational Amendments of 1972 and 34 C.F.R. Part 106, Duquesne University’s Title IX Coordinator is the designated agent of the University responsible for Title IX compliance incidents related to sexual harassment and sexual violence involving students. Duquesne University’s Title IX Coordinator is: Sean F. Weaver, Director, Anti-Discrimination Policy and Compliance, 412.396.2560, firstname.lastname@example.org.
It is unlawful to retaliate against an individual because he or she made a complaint, testified or participated in any manner in an investigation or proceeding. Duquesne will vigorously enforce this prohibition against retaliation.
E. Conduct—Rules and Regulations
The following acts are violations of the University standards and will result in disciplinary actions as stated in Article V.
- Academic Dishonesty (see Academic Integrity Policy, page 30).
- Attempted or actual acts of dishonesty.
- Cheating on examinations, tests, and assignments.
- Giving or offering gifts, services or favors for the purpose of affecting grades or academic standing.
- Misrepresenting one’s credentials.
- Lying, Identification Misuse
- Furnishing false information to any University official, faculty member, or office.
- Forgery, alteration, or misuse of any document, record or instrument of identification.
- Tampering with the election of any University recognized student organization.
- Refusing to present identification upon request by any authorized personnel acting within their authority.
- Attempted or actual theft of property of the University, property of a member of the University community, or other personal or public property.
- Attempted or actual damage to property of the University or property of a member of the University or other public property, on or off-campus.
- Attempted or actual abuse.
- Physical abuse.
- Incivility through language or actions.
- Sexual violence (See Sexual Violence Policy on pages 45-47).
- Sexual harassment (See Sexual Harassment Policy on pages 49-50).
- Sexual misconduct.
- Relationship/Dating Violence.
- Coercion. Coercion is the use of force, or the threat of force, the use of a threat of immediate or future harm, or the use of physical or severe and/or pervasive emotional intimidation to cause or attempt to cause another person to engage in or submit to certain activities. Coercion also includes the administration of a drug, intoxicant or similar substance that impairs the faculties of a person.
- Conduct which threatens or endangers the health or safety of any person.
- Harassment or discrimination based on race, color, religion, disability, national origin, sexual orientation, political affiliation, gender, age, marital status, or inclusion in any group protected by law.
- Weapons (see Weapons policy, page 52) (revised 2/16/2011)
- Possession and/or use of weapons, explosives, fireworks, chemicals, or other objects designed and/or used to inflict injury or damage while on University premises, even if the student possesses a valid concealed weapons permit or other lawful permission to carry a weapon.
- Possession of weapons or other dangerous items including but not limited to BB guns, pellet guns, paint guns, bows and arrows, brass knuckles, martial arts equipment, and knives with a blade over 3” in length, and/or switchblade knives of any size.
- Possession of facsimile of a weapon designed to look like a firearm, explosive, or dangerous weapon is also prohibited by this policy.
- Failure to report the presence of illegal or unauthorized firearms, explosives, other weapons, or dangerous chemicals or use of any such item to an appropriate University official.
- Alcohol and Other Controlled Substances
- Use, possession of narcotics or other controlled substances except as expressly permitted by law. Odor of a controlled substance will be considered the same as use.
- In the presence of narcotics or other controlled substances except as expressly permitted by law.
- Distribution of narcotics or other controlled substances except as expressly permitted by law.
- Possession of paraphernalia related to a controlled substance (i.e., bongs, hookahs, pipes, funnels).
- Use, possession, or distribution of alcoholic beverages except as expressly permitted by Pennsylvania law and University regulations.
- In the presence of alcoholic beverages except as expressly permitted by Pennsylvania law and University regulations.
- Public intoxication.
- Driving under the influence of alcohol and/or drugs.
- Gambling. Illegal gambling at any time, in any form, is prohibited.
- Smoking in non-designated areas (see Smoking Policy, page 50).
- Disorderly conduct.
- Lewd or indecent behavior.
- Attempted or actual hazing (see Hazing Policy, page 41).
- Attempted or actual disruption or obstruction of teaching, research, administration, meetings, and/or disciplinary proceedings.
- Failure to comply with requests or directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself as required.
- Conduct which is a breach of peace.
- Excessive noise or behavior that disturbs others.
- Violation of quiet hours in Living Learning Centers (see Office of Residence Life Handbook at www.duq.edu/residence-life).
- Visitation/Guest Policy
- Allowing a guest to violate University policy and/or federal, state or local law.
- Violating the visitation/guest policies within the Living Learning Centers (see Office of Residence Life Handbook at www.duq.edu/residence-life).
- Participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operation of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt the scheduled and/or normal activities within any campus building or area.
- Unauthorized sales or solicitation in any University building.
- Unauthorized possession, duplication, or use of keys to any University premises.
- Unauthorized entry or use of University premises.
- Unauthorized posting on University premises.
- Violation of published University policies, rules, regulations, and/or procedures published in hard copy or available electronically on the University website.
- Violation of federal, state or local laws or ordinances.
- Community Safety Violations
- Starting fires and/or causing explosions.
- False reporting of a fire, bombs, and/or emergencies.
- Tampering with fire safety or security equipment.
- Misuse of fire safety equipment (i.e., spraying extinguishers inappropriately).
- Dropping, throwing, or propelling objects from windows, roofs, and/or balconies.
- Failure to exit the building during a fire drill or fire alarm.
- Possession of prohibited fire safety items within the Living Learning Centers (a complete listing can be found in the Office of Residence Life Handbook: www.duq.edu/residence-life).
- Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
- Unauthorized animals in a University building. Guide dogs accompanying blind or deaf individuals are exceptions to this rule. Pets brought on University grounds must be leashed.
- Violation of sporting activity restrictions. Due to safety and facility concerns, the following is not allowed:
- Riding of skateboards and use of in-line skates, roller skates, the use of water guns, water balloons, and water launchers are prohibited in University buildings and on University property, unless as expressly permitted within a recreational facility.
- Bicycles, throwing of Frisbees, balls and other objects are prohibited in buildings, unless as expressly permitted within a recreational facility.
- Computer Misuse. Attempted or actual theft or other abuse of computer time, computing facilities access, and/or electronic mail accounts, to include but not limited to:
- Unauthorized entry, transfer, or altering files.
- Unauthorized use of another individual’s identification and/or password.
- Use of computing technology to interfere with work of another student, faculty, or University official as well as the normal operation of the University infrastructure in accordance with the Mission of the University.
- Use of computing resources and facilities to send obscene, harassing, or abusive messages.
- Use of computing resources and facilities for fraudulent acquisition of goods or services, conducting activity for private profit, or in violation of any published University regulations.
- Use of computing facilities and resources in violation of copyright law.
- Unauthorized or inappropriate use of technology and social media.
- Failure to report illegal activity and/or violation of the Code of Student Rights, Responsibilities and Conduct.
- Social conduct that does not reflect the Mission and Expectations of the University whether on or off-campus.
- Abuse of the Student Conduct System. This includes, but is not limited to, the following:
- Failure to obey the summons of a Hearing Body or University official.
- Falsification, distortion or misrepresentation of information before a Hearing Body.
- Disruption or interference with the orderly conduct of a student conduct proceeding.
- Initiation of a student conduct proceeding knowingly without cause.
- Attempt to discourage an individual’s proper participation in, or use of, the student conduct system.
- Attempt to influence the impartiality of a member of a Hearing Body prior to, or during the course of, a student conduct proceeding.
- Retaliation, harassment, and/or intimidation of a member of a Hearing Body or complainant or other person alleging misconduct, prior to, during, or after the student conduct proceeding.
- Failure to comply with the sanction(s) imposed under the Student Code.
- Influencing or attempting to influence another person to commit an abuse of the student conduct system.
E. Violation of Law and STUDENT CONDUCT PROCEEDINGS
- In a situation where a student is charged with an off-campus violation of federal, state or local laws, student conduct action may be taken and sanctions imposed for conduct, which demonstrates disregard for the University community, and/or pursuit of its objectives and Mission.
- University student conduct proceedings may be instituted against a student charged with conduct that potentially violated both the criminal law and Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Determinations made or sanctions imposed under the Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violations of student conduct rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
- When a student is charged by federal, state, or local authorities with a violation of law, the University, at its sole discretion, may request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the University may inform off-campus authorities of the existence of the University’s standards and how such matters are typically handled within the University community. The University may cooperate 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 (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.