Code of Student Conduct

The purpose of publishing a Code of Student Conduct is to give students general notice of prohibited behavior. This code is not intended to be written with the specificity of a criminal statute. The primary purposes for the imposition of discipline in the University setting is to protect the campus community as well as to foster the personal, educational, and social development of those students who are found responsible for violations of University regulations. This policy is intended to create a learning environment that promotes respect, dignity and pursuit of knowledge. It is not the intent of this policy to inhibit the expression of ideas or to use any methods that would infringe on an individual’s constitutional right to free speech.

The University reserves the right to take necessary and appropriate action to protect the safety and well-being of persons, property, and the campus community. Students may be accountable to both criminal and civil authorities as well as to the University for acts that constitute violations of law and of this code. Disciplinary action at the University normally will proceed during the pending of criminal proceedings.

The vice president for student success is the person designated by the president to be responsible for the administration of the Code of Student Conduct.

Lincoln University, a community comprised of students, faculty, administrators, and staff, recognizes the need to establish a code of conduct that contains rules and regulations to guide student actions and to define sanctions that will be imposed when rules and regulations are violated. For the benefit of the community at large, these regulations limit certain behaviors and activities. They also protect the health and welfare, safety, rights, and property of the University and all members of the University community. Specifically, the University strives to redirect student behavior that does not meet University standards. To meet this goal, the University employs a student conduct process that allows students to receive feedback by their peers, staff, and faculty, and employs educational and other sanctions such as warnings, fines, suspension, or expulsion. Any student accused of violating these rules is entitled to due process, notice of the charges, and an opportunity to be heard.

Student appeals also are allowed. All conduct findings are subject to review by the vice president for student success or designee of the University. The vice president or designee will have the authority to sustain, change, or reverse any findings.

All students, faculty, and staff members are strongly urged to report any complaints involving students to the student conduct administrator, dean of students, and/or the Department of Public Safety. All reports are forwarded to the dean of students in order to establish a hearing date for the respondent.

The University Code of Student Conduct 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 the pursuit of its objectives.

The vice president for student success or dean of students may administratively handle: (1) students who are not currently enrolled at the time of their alleged violation of the Code of Student Conduct or (2) students whose violations occur prior to the convening of the Student Conduct Board or after the Student Conduct Board has recessed for the academic year. All sanctions up to and including expulsion will be available during administrative conferences. During administrative conferences, students will be afforded the same due process and procedural protections as would be the case for a full Student Conduct Board hearing.

Students at Lincoln University are expected to conform to regulations, federal and state laws, and city ordinances. Students penalized for violation(s) of public laws are still subject to sanctions under this Code of Student Conduct if the violation of the public law also is a violation of the Code of Student Conduct. The University’s decision in conduct matters is independent of criminal or civil legal action, and the University’s conduct proceedings will not be delayed simply because legal action is also proceeding. No student will be permitted to graduate from Lincoln University while disciplinary action is pending against him or her.

STUDENTS ARE RESPONSIBLE FOR KNOWING AND UNDERSTANDING ALL RULES AND REGULATIONS CONTAINED IN THE CODE OF STUDENT CONDUCT.

The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. The faculty member should, in the event that such action is necessary, immediately report the incident to the chair of their department, the dean of the school, and the dean of students. Longer suspensions from class, or dismissal on disciplinary grounds, must be preceded by a hearing or administrative conference as set forth in the Code of Student Conduct.

In cases where a student’s continued presence in a class, following their initial removal, poses a substantial and immediate threat or disturbance, the vice president of student success or dean of students may suspend the student from attending the class on an interim basis, pending their hearing or administrative conference.

Cell phones are not to be used in the classroom during instructional time. Cell phones that ring and/or are answered during classroom instruction are subject to confiscation by the professor. Confiscated cell phones will be turned over to the dean of students.

Formation of the Student Conduct Board

The Student Conduct Board shall be comprised of the following: five (5) students and one alternate appointed by the Student Government Association; two (2) faculty members and one alternate appointed by the Division of Academic Affairs; and two (2) administrators and one alternate appointed by the vice president for student success. The hearing panel in individual cases will be selected from among the members of the Student Conduct Board. The hearing panel need not be comprised of any particular number of persons as long as at least one (1) student member and one (1) faculty/staff member are represented on the panel.

Depending on the nature of the charges and the severity of the potential sanctions, the student conduct administrator will determine whether the student charges will be heard by a student conduct panel or by the student conduct administrator, or his or her designee. Cases involving allegations of sexual misconduct will be handled under the specific procedure set forth in the University’s sexual misconduct policy. An administrative hearing before the student conduct administrator generally will be employed if the student accepts responsibility for the charges.

Rights & Responsibilities

The student has the right to know the charges brought against him or her, and the charges must be in writing. The student must be given a reasonably adequate period of time (generally 72 hours) to prepare a defense, and has the right to defend himself/herself against the charges before the appropriate hearing authority. The student has the right to bring character statements or eyewitnesses to the defense hearing. The student has the right to request the replacement of any member of the Student Conduct Board who they feel may be biased or prejudiced against them. The student has the right to remain silent. Hearings are not open to the public, and individuals conducting the hearing are prohibited from discussing the outcomes of the hearing. Due to the nature of certain cases and circumstances, the University’s failure to follow these procedures to the letter does not automatically invalidate the outcome unless the respondent or the complainant is placed at a substantial and definitive disadvantage.

The dean of students or his or her designee will serve as the presiding officer of the Student Conduct Board. All disciplinary action becomes effective upon the date of board action unless otherwise specified. Students dismissed by recommendation of the Student Conduct Board follow the same withdrawal procedure as other students. Any student who leaves or withdraws from the University and seeks readmission while disciplinary action is pending must secure a written clearance from the vice president for student success or his or her designee.

Notification of Disciplinary Actions and Decisions

Appropriate University officials and campus departments shall be notified of the outcome of the disciplinary proceeding. When a student is charged with a violation of the Code of Student Conduct, the student should expect to be contacted by the dean of students regarding hearings. All notifications to students of a hearing regarding his or her alleged violation(s) will be made through the student’s official Lincoln email; however, a student’s failure to check their email is not an excuse for failure to appear at the hearing and does not entitle the student to a postponement. If a student fails to appear before the Student Conduct Board after proper notice has been given or attempted, the hearing will nonetheless proceed.

The basic procedures include the following:

1. The presiding officer calls the session to order and asks each person in the room to introduce himself or herself and state his or her reason for being at the hearing (e.g., board member, respondent, witness).
2. The presiding officer asks the respondent and the complainant if they challenge the objectivity of any member of the Student Conduct Board. If so, the party must state the reason(s). The board will meet in non-public session to consider the challenge and determine whether or not the member should hear the case.
3. The presiding officer reads the charges and specifications to the charge(s) from the incident report. The presiding officer asks the respondent to respond to each charge (responsible or not responsible).
4. The respondent and the complainant are given an opportunity to give an opening statement.
5. The respondent and the complainant may give his or her explanation of the events surrounding the charges. The members of the board then may question the students. Each student should be given the opportunity to provide the presiding officer with questions to ask the others involved in the case.
6. The presiding officer in his or her discretion may limit the number of eyewitnesses that may be heard, and to require all other witnesses to submit their statements in writing. Both sides have, at this time, the right to cross-examine, by providing the presiding officer with questions, the witnesses and to examine any and all documents before being received into evidence. No member of the staff, faculty, or administration of Lincoln University may be called as an expert witness. However, staff, faculty, and administrators may serve as character witnesses or references.
7. The respondent and the complainant present the facts and evidence that support his or her case.
8. The respondent and the complainant shall be given an opportunity to make a closing statement.
9. The board will make its deliberations in a closed non-public session.
10. The board will then render its decision with the charges against the student established by a majority decision given a “preponderance of the evidence.”
11. The accused student normally will receive the decision in writing within three to five (3-5) business days.
12. There shall be one single verbatim digital recording of all hearings before a Student Conduct Board panel, excluding deliberations.
13. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, respondent, and/or other witnesses during the hearing by providing separate facilities, and/or permitting participation by telephone, video conferencing, or other means as determined in the sole judgment of the student conduct administrator.
14. Hearings are not open to the public, except the respondent or complainant may be accompanied by their parents, spouse, or an advisor for support. If the student’s advisor is an attorney, special permission from the vice president for student success or his or her designee must be obtained. The role of parents, spouses, advisors and attorneys is limited. Since conduct hearings are not a courtroom proceeding, but rather part of the University’s efforts to provide a healthy living/learning environment, attorneys and other support persons are not permitted to question witnesses, make statements or otherwise participate in the hearing process. If they fail to act in accordance with these procedures, they will be barred from the proceedings. When the student has been granted permission to have an attorney present, the University attorney will also be present.

Finalization of Conduct Sanctions

After conclusion of the hearing and non-public deliberation, the Student Conduct Board will recommend a decision and sanction(s), if necessary, to the student conduct administrator. This administrator may accept, modify, or change the recommendation of the Student Conduct Board.

A student’s discipline file is part of the student’s education record under the Family Educational Rights and Privacy Act of 1974 (FERPA).

If a student chooses not to appeal, or fails to submit an appeal within the specified time allowed of three (3) business days after receiving the notification, then the decision of the student conduct administrator stands as final.

In accordance with the amendments to the Higher Education Act of 2000, the University may notify parents of pending discipline action for drug or alcohol violations.

Prior violations may be considered in determining appropriate sanctions.

Prohibited Conduct

The following acts and behaviors are prohibited:

Aiding and Abetting

1.0: Aiding, abetting, persuading, and/or procuring another person or persons to commit any act of misconduct in the University community or environment; or persuading or aiding another person to breach the peace on University premises or at functions sponsored, approved by, or participated in by any member of the University. Gatherings or groups of students on or off of the premises in such a matter which causes damage to public or private property, causes injury to persons, or interferes with the orderly functioning of the University or with the normal flow of traffic or ordinary procedure.

1.01: A person under the age of 21, purchasing or attempting to purchase, consume, possess, or transport any alcoholic beverages. For those 21 and older, possessing or consuming alcohol in any University building. This violation could constitute a criminal summary offense.

1.02: Selling or giving alcoholic beverages to any minor (under 21 years of age).

Animals (pets)

1.06: Possession of pets or other animals (dogs, cats, snakes, birds, hamsters, etc.), with the exception of service animals when accompanied by their owner.

Arson/Fire Setting

1.07: The malicious, fraudulent, and/or intentional burning of property on the University premises is prohibited. Such acts include, but are not limited to, creating fires, setting a personal fire, open flames, and or/or igniting flammable materials.

1.07a: Willfully starting a fire in University buildings or on University property, which includes but is not limited to, bonfires and cookouts, without the proper authorization of the dean of students and/or the director of student life and development and/or in compliance with local and state fire codes.

Infliction of Harm

1.08: Any act which results in, or may result in, the infliction of harm to any person or damage to University property or the property of others by willful and deliberate means or through recklessness or negligence. This offense includes, but is not limited to, (a) administration of a poison or other noxious substance, (b) slapping, (c) pushing, (d) abductions or kidnapping, (e) horseplay or (d) contact, with or without the use of a weapon of any sort, for the purpose of physical abuse. Physical contact is required.

Threat of Harm

1.09: Any act that threatens to harm another person or another person's property or University property which includes, but is not limited to, (a) harassing, intimidating, or threatening conduct, (b) any form of verbal or mental abuse, (c) coercion which is directed toward another person or group of people, or (d) any other conduct which threatens or endangers the health or safety of any person. This offense includes acts conducted through electronic means, particularly social media. Social media is the interaction among people where they create, share, and exchange information and ideas in virtual communities and networks (Twitter, Facebook, Instagram, Pinterest, Snapchat, etc.). Social media can be used in negative ways (i.e. cyber-bullying, sexual harassment). Physical contact is not required.

Abuse of the Student Conduct Process

1.10: Abuse of the student conduct process includes, but is not limited to:

1. failure to obey the notice from the Student Conduct Board or University official to appear for a meeting or hearing as part of the student conduct process
2. falsification, distortion, or misrepresentation of information before a Student Conduct Board
3. disruption or interference with the orderly conduct of a Student Conduct Board proceeding
4. institution of a student conduct process in bad faith
5. attempting to discourage an individual’s proper participation in, or use of, the student conduct process
6. attempting to influence the impartiality of a member of a Student Conduct Board
7. verbal or physical harassment and/or intimidation of a member of the Student Conduct Board
8. failure to comply with the sanction(s) imposed under the Code of Student Conduct or with court orders relating to a Student Conduct matter
9. influencing or attempting to influence another person to commit an abuse of the Student Conduct Process.

Drugs

1.11: The possession, use, distribution, or manufacturing of marijuana or other drugs such as barbiturates, amphetamines, narcotics, hallucinogens, or other controlled substances, except as expressly permitted by law. A student shall also refrain from buying, selling, possessing, or using any kind of drug paraphernalia. This violation could constitute a criminal conviction and could adversely affect a person’s ability to apply for and be awarded federal financial aid.

Hosts

1.11a: Though they may not be the primary users, hosts are responsible for any drug-related activity in their rooms and will be subject to disciplinary action similar to the user(s).

Failure to Comply

1.1:2 Failure to adhere to the direction of University officials (including residence hall coordinators and resident advisors) acting in the performance of their duties and failure to promptly identify oneself to a University official when requested (i.e. not presenting University student ID card).

Weapons

1.13: Weapons of any kind including, but not limited to, firearms (real or not), knives, bows, arrows, baseball bats, devices used for the practice of martial arts, ammunition, and other dangerous weapons are not allowed on the Lincoln University campus at any time. Any individual found in possession of a handgun, pellet gun, BB gun, rifle, or ammunition will be subject to immediate suspension. This also applies to knives, box cutters and any apparatus with a blade carried on one’s person or otherwise concealed. Any symbolic gesture or item seen as symbolizing a weapon is a violation of this policy. An example of this would be a student posing with a weapon (real or not) in a photo or the use of an item (such as a baseball bat) in an act where that item becomes a weapon.

Forgery, Misrepresentation and Other Acts of Dishonesty

1.14: Forgery, misrepresentation, or other acts of dishonesty including, but not limited to, concealing identity, alteration and misuse of University documents, student identification cards, or other documents belonging to another; cheating, plagiarism, or other forms of academic dishonesty; tampering with the election of any University-recognized student organization; knowingly furnishing false information to the University or its officials; and the use of the University’s name, image, or logo without proper authorization or with intent to misrepresent or defraud.

Gambling

1.15: Any illegal form of wagering for goods, services, or money.

Hazing

1.16:      Hazing is strictly prohibited.

Lincoln University prohibits any student-chartered organization, fraternity, sorority, social fellowship, athletic team, other recognized student organization, person or group using University facilities, and individuals who are members of any such groups or organizations or who attend events and activities sponsored, organized, or supported in any way by those organizations from hazing members, prospective members, or other persons seeking to obtain benefits for services from any of those organizations.

Hazing is any action or activity, whether conducted on or off University property, which is designed to, or has the reasonably foreseeable effect of humiliating, denigrating, offending, physically or mentally abusing, or exposing a person to danger as a condition, directly or indirectly, of the person’s consideration for admission to, or continuation of membership in, participation in activities of, receipt of benefits or services from an organization or group. No person may consent to participation in hazing activities, nor release a group or any of its members, officers, employees, agents, co-participants, parents, organizations, or insurers from liability for injuries or damages sustained as a result of participation in hazing activities. Furthermore, a person’s consent shall not release or minimize an organization’s or person’s liability to discipline due to violation of this regulation.

Hazing activities include, but are not limited to the following: whipping, beating, paddling, branding, calisthenics, running, exposure to the elements, forced consumption of food, liquor, or drugs, (legal or illegal) or any other substances, sleep deprivation, forced exclusion from social contact, and conduct which could result in any form of embarrassment, nudity, sexual harassment, kidnapping, or car drops.

Recognized student organizations have an obligation to protect the welfare of their prospective and initiated members, guests and the University during initiation activities. Every precaution must be taken to protect again University, individual and organizational liability.

Violation of this regulation shall subject a group or individual to the full range of disciplinary sanctions pursuant to University policies. The Pan-Hellenic Council and other recognized student governance bodies with jurisdiction over recognized student organizations may establish self-regulating procedures with respect to complaints of violations of this regulation brought against their members. Such processes shall be independent of University conduct processes.

A recognized national/international fraternity or sorority must also comply, and its members must comply and adhere to regulations from their respective national/international organizations and the Pan-Hellenic Council. Each fraternity and sorority, or any organization that conducts membership intake activities, must submit its national/international organization’s hazing policy to the Office of Student Life and Development.

This hazing regulation must be presented by all fraternities, sororities, social fellowships, athletic teams, and other recognized student organizations to all members during each membership solicitation or acceptance period, but not less than once each semester. The chief officer and the governing board of each organization must file with the Office of Student Life and Development a form approved by the office certifying compliance with this regulation. Failure to be presented with the regulation or to file the certificate will not release any group or individual from responsibility and/or disciplinary action under this regulation. Each semester each organization’s president and his or her executive board must sign a statement of compliance. The University then approves the statement to certify compliance with this regulation.

Sexual Misconduct

1.17:      Any violation of the University’s sexual misconduct policy.

View the full sexual assault policy, HRM 122, from Human Resources at http://www.lincoln.edu/sites/default/files/pdf/hr/LU-HRM-122-Sexual-Misconduct-Policy-rev-12-10-15.pdf.

Smoking

1.21: Violation of the University’s smoking policy, including smoking of any kind inside residence halls and other University buildings. Smoking is only permitted 50 feet or more away from building entrances.

False Fire Alarms

1.22: Setting off fire alarms unless there is a fire or suspicion of a fire.

Solicitations

1.23: Unauthorized selling and promotion on campus or within University buildings without permission of the Office of Student Life and Development. Using any residence hall room or campus facility to sell anything (e.g. food, clothing, cigars, etc.). This is a violation of the Code of Student Conduct.

Theft

1.24: Wrongful taking, stealing, or the attempt to take the property of another individual without consent or knowledge of the individual.

Unauthorized Parties

1.25:      Unauthorized parties or gatherings in any campus facility is prohibited.

Vandalism

1.26: Vandalism, damage, or destruction to property owned or leased by the University or personal property belonging to an individual. This includes, but is not limited to, car vandalism, breaking windows, defacing structures and facilities, and marking, painting, or spraying signs.

Disruptive Classroom Behavior

1.27: Any conduct or behavior that disrupts the classroom teaching and learning experience.

Guest Responsibility

1.28: Students are responsible for the actions of their guests at all locations on campus. If a guest of a student violates a policy, the student hosting will be held responsible and will be subject to disciplinary action in accordance with the Code of Student Conduct.

Disorderly Conduct

1.29: Conduct that is disorderly, lewd, or indecent.

University Policies

1.30: Any violation of a published University policy.

Laws

1.30: Violation of any federal, state, or local law.

Residence Hall Violations

1.31:      Any violation of the University’s residence hall policies, including:

1.31a: Visitation after posted hours

1.31b: Loud and disruptive noise of any kind during quiet hours

1.31c: Tampering with, breaking, or removing computer equipment, signs, posters, or other property that belong to the University

1.31d: Propping open doors to residence halls, throwing objects from windows, and failure to keep one’s room in a safe and sanitary condition

1.31e: Burning incense and/or candles in the residence halls

1.31f: Tampering with, stealing, or removing safety equipment (e.g., fire extinguishers, exit signs, smoke alarms and detectors, fire hoses, sprinkler systems)

1.31g: Failure to comply with fire drills and evacuation procedures, or obstructing the evacuation of a building during a fire drill, fire, or any other type of emergency

1.31h: Making a false fire or bomb report

1.31i: Removal of University furniture from lounges, public areas, classrooms, or dining halls without permission from a professional staff member

1.31j: Students are responsible for the behavior of their guests whom they invite to the campus or permit to visit the residence hall. If a guest(s) is found to be in violation of the Code of Student Conduct while in the company of the student host or with the student host’s knowledge, applicable charges will be brought against the guest, as well as against the student host or the host student organization.

Children

1.31k: Children may visit the campus, but are not permitted to stay overnight or live in the residence halls.

Unauthorized Party/Gathering

1.31l It is a violation to host or participate in an unauthorized party/gathering within the residence halls. Having six (6) or more individuals in a room at one time may constitute an unauthorized party/gathering.

Sanctions

All sanctions given to students who have been found responsible for conduct violations are based solely on individual circumstances, except for organizational infractions.

The Disciplinary Sanction Community Service (DSCS) Program is administered by the Office for Community Services and Engagement. Students assigned community service must follow the steps outlined on the DSCS webpage. Enrollment into the program is also completed online. Once a student has completed the online enrollment in the program, he/she must attend a mandatory orientation meeting in a timely manner; dates of meetings are listed on DSCS website under DSCS calendar link.

Orientations provide students with further instructions on their mandated community service activities and educational assignment. Reflection meetings sponsored by the Office of Student Support Services are held biweekly, and attendance is mandatory until community service hours are completed.

Failure to complete the mandated community service hours and activities within the prescribed timeframe will result in notification and referral to the dean of students for possible suspension from the University or additional disciplinary sanctions.

Research Assignments

Based on the nature of the offense, students may be required to complete a research assignment on a topic related to the offense committed. The research assignment must be typed and completed by the deadline specified and must be thorough, comprehensive, and scholarly. The complete project must also conform to other specifications given by the Student Conduct Board.

Educational Workshop Participation

In some instances, students may be required to assist in developing, coordinating, and evaluating special workshops related to the nature of the offense which the student has committed. Students may also be required to participate in special workshops to enhance their own knowledge and understanding of a particular topic related to the offense committed.

Mediation

Mediation is a process during which two or more individuals involved in serious or potentially serious conflict agree to discuss their differences with a third party who is trained in conflict resolution. The conflicting parties must agree in writing to abide by the decision jointly agreed upon by all parties involved.

Educational Counseling

Students may be required to participate in educational programs with a member of the Counseling Services staff or any available counseling resource available to the campus community.

Interim Suspension

The dean of students or designee may suspend a student from the University for an interim period pending conduct or criminal proceedings, or medical evaluation. The interim suspension shall become immediately effective without prior notice whenever there is evidence that the continued presence of the student at the University poses a substantial and immediate threat to himself or herself, to others, or to University property.

A student suspended on an interim basis shall be given a prompt opportunity to appear personally before the dean of students or a designee in order to discuss the following issues:

1. the reliability of the information concerning the student’s conduct, including the matter of his or her identity; and
2. whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and immediate threat to himself or herself, or to others.

During the interim suspension, a student shall be denied access to the residence halls and to the campus (including classes) and all other University activities or privileges for which the student might otherwise be eligible as the dean of students may determine to be appropriate.

Suspension

Students suspended from the University are required to return their student identification card, mailbox key, entrance key, and room key and may not return to campus for the duration of their suspension, except to conduct official business with an administrative officer or faculty member, and then only with prior permission of the vice president of student success, dean of students, or designee. If a student returns to campus without permission during the period of suspension, his or her eligibility to return to Lincoln University will be threatened and he/she will be subject to arrest. During the period of suspension, the student is not eligible or entitled to receive any University services.

Following the suspension period of one (1) semester or more, the student must request to be readmitted or reinstated to the University after fully serving the suspension. The suspension period begins with an existing semester and continues throughout that particular semester. However, suspension may become effective at the beginning of a specified semester (usually the following semester) and continue throughout the semester.

Expulsion

Expulsion is the permanent separation from the University and loss of all privileges to use the services of the University in any way. This is the most severe form of sanction and is reserved for the most severe infractions, for those individuals who repeatedly violate University’s rules and regulations, or for aggravated offenses. When a student is expelled, his or her enrollment is immediately canceled, and they are unable to graduate from Lincoln University. If a student is expelled, he or she must immediately leave the University and may not return to the University campuses without the express permission of the vice president for student success, the dean of students, or their designee.

Violations of standards of academic conduct may result in either faculty-imposed academic sanctions or student code sanctions. Faculty members who feel that a grade reduction or a failing grade for an assignment, test/examination or course is a sufficient sanction need not refer cases to the student conduct administrator. Such actions by a faculty member may be subject to appeal pursuant to school, college, and/or university academic grievance policies. Sanctions other than a reduced or failing grade may be imposed only after a student conduct hearing.

Discipline Appeals Procedure

A student who is found responsible for violating the Code of Student Conduct may appeal the decision or the sanction(s) in writing to the vice president for student success or his or her designee within 72 hours or three (3) business days of the decision. There are only three grounds for appeal: (1) the Student Conduct Board hearing was not conducted in accordance with prescribed procedures which resulted in significant prejudice to the appellant; (2) the sanction imposed was unreasonably harsh given the violation; (3) new information, sufficient to alter a decision, should be considered. An appeal based on new information will only be considered if the new information was not brought out in the original hearing because it was not known to the person appealing at the time of original Student Conduct Board hearing.

The decision of the vice president for student success is final. Students will not be permitted to remain on campus until the appeal is decided unless the imposed sanction is less than suspension. The sanction of suspension imposed by the Discipline Board becomes effective immediately. There is no right of appeal of decisions and sanctions that result from administrative hearings before the student conduct administrator.

Student Non-Academic Grievance Procedure

Whenever a student has a grievance /complaint regarding a matter not related to academic affairs at Lincoln University, the following procedures shall apply when a student believes that a staff member has infringed upon the student’s rights:

The student shall first attempt resolution by seeking an appointment with the staff member in question. If, to the student, this does not seem a feasible course, or if a personal conversation with the staff member has been attempted, but a resolution satisfactory to the student’s grievance is not obtained, the student may seek resolution through a written appeal to the director of the office or department, who will attempt to resolve the matter between the student and the staff member. If the complaint/grievance is against the director, then the student will appeal to the dean of students through a written appeal.

The dean of students may attempt informal resolution through discussion with the student and staff member or director, will consider the student’s appeal, and issue a written decision and remedy. Appropriate precautions should be taken to safeguard the confidentiality of the grievance proceedings, including information about the outcome.

Either party to a grievance appeal (whether staff member, director or student) may appeal the decision of the dean of students to the vice president for student success in writing within ten (10) days following notice of the dean’s decision. A written reply by the other party must be filed within ten (10) days after receipt of the appeal, and the dean’s decision shall remain pending. The vice president for student success has discretion to determine the information and procedure that he/she will utilize in deciding each appeal. The decision of the vice president for student success (in writing) shall be final.

When used in this code:

1. the terms “administrators, faculty, staff” refer to any persons employed by the University to execute the required day-to-day functions in accordance with the University’s rules and regulations, as well as the laws of the Commonwealth of Pennsylvania.
2. the term “business day” means Monday to Friday, excluding recognized University holidays.
3. the term “distribution” means any sale, exchange or transfer.
4. the term “group” means a number of persons who are associated with each other, but who have not complied with University requirements for registration as an organization.
5. the term “hearing” refers to a meeting between a student charged with an infraction of University rules and regulations and the Conduct Board who will hear the charges and decide upon or make recommendations.
6. the terms “institution” and “University” mean Lincoln University – Of the Commonwealth System of Higher Education.
7. the term “Student Conduct Board” refers to any person or persons authorized by the vice president for student success to determine whether a student has violated the student code and to recommend sanctions that may be imposed when a rules violation has been committed involving students.
8. the term “student conduct administrator” means a University official authorized on a case-by-case basis by the vice president for student success to impose sanctions upon any student(s) found to have violated the Code of Student Conduct. The vice president for student success may authorize a student conduct administrator to serve simultaneously as a student conduct administrator and the sole member or one of the members of the Student Conduct Board. The vice president for student success may authorize the same student conduct administrator to impose sanctions in all cases.
9. the term “organization” means a number of persons who have complied with University requirements for recognition and/or registration.
10. the term “cheating” includes, but is not limited to: (1) use of any unauthorized assistance n taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff; or (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
11. the term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency whether for sale or otherwise.
12. the term “preponderance of the evidence” means more likely than not. The evidence, when fairly considered, produces the stronger impression, and has the greater weight, and is more convincing than evidence to the contrary.
13. the term “reckless” means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in interference with normal University or University-sponsored activities.
14. the term “sanction” means a fine or other course of action imposed for violation of the Code of Student Conduct.
15. the term “student” includes all persons taking courses at the University, either full-time or part-time. Persons who withdraw after allegedly violating the Code of Student Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the University or who have been notified of their acceptance for admission are considered “students,” as are persons who are living in University residence halls, although not enrolled in this institution. The Code of Student Conduct applies at all locations of the University, including the campuses in Philadelphia.
16. the “University community” means the community consisting of all individuals working, attending classes, or residing on any Lincoln University campus.
17. the term “University premises” means buildings or grounds owned, leased, operated, controlled, or supervised by the University.
18. the term “University-sponsored activity” means any activity on or off University premises that is specifically initiated or supervised by the University.
19. the term “weapon” means any object or substance designed to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, explosives, pellet guns, slingshots, martial arts devices, brass knuckles, knives, tasers, and chemicals such as “mace” or tear gas. A harmless instrument designed to look like a firearm, explosive or weapon that is used by a person to cause reasonable apprehension of harm or to assault another person is expressly included within the meaning of “weapon.”
20. the terms “will” or “shall” are used in the imperative sense.
21. the term “may” is used in the permissive sense.
22. the term “policy” means the written regulations of the University as found in, but not limited to, the Student Handbook, the Code of Student Conduct, the University webpage, and graduate/undergraduate bulletins.
23. the term “complainant” means any person who submits a charge alleging that a student violated the University’s Code of Student Conduct.
24. the term “respondent” means any student accused of violating this Code of Student Conduct.