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III.  Sanctions

The University administration reserves the absolute discretion to determine appropriate sanctions to be imposed upon a student or student organization for any violation of the Code of Conduct. The sanctions explained below may be cumulative, and no sanction need be exhausted before any other sanction may be imposed. Sanctions may be determined based on a past disciplinary record, the severity of behavior, the impact upon the community or any combination of these considerations. Sanctions may be tailored to specific situations. Therefore, the following list is not exhaustive.

  1. Types of Sanctions
  2. Sanctions include, but are not limited to:

    1. Educational
    2. Educational sanctions provide a student the opportunity to review conduct expectations, understand how behavior can contribute to a positive and beneficial University experience and learn of campus resources which support academic and non-academic success. Examples of educational sanctions include writing a research or reflective paper, attending a seminar, or meeting with members of various University offices.

    3. Administrative

    4. The following administrative sanctions, listed alphabetically, may be applied in order to hold students accountable for their behavior, to protect the safety of the campus community or to repair harm to the community. This list is not exhaustive and any number of the sanctions listed below may be applied simultaneously in any case.

      1. Deferred Suspension from the University

        Deferred suspension from the University is a period of review during which the student must demonstrate the willingness and ability to comply with University rules, regulations, and all other stipulated requirements. If, during the period of the deferred suspension, the student is again found responsible for violating any University policy, the student will be immediately suspended from the University.

      2. Deferred Suspension from University Housing
      3. Deferred suspension from University housing is a period of review during which the student must demonstrate the willingness and ability to comply with University rules, regulations, and all other stipulated requirements. If, during the period of deferred suspension, the student is again found responsible for violating any University policy, the student will be suspended immediately from University housing.

      4. Disciplinary Probation
      5. Disciplinary probation is a period of review during which the student must demonstrate the willingness and ability to comply with University rules, regulations and all other stipulated requirements.

      6. Disciplinary Warning
      7. A disciplinary warning is an official written notice expressing disapproval of conduct and a statement that the conduct violates one or more University rules or regulations. A Disciplinary Warning is not reported outside the Office of Student Conduct, in accordance with the Retention and Release of Disciplinary Records process.

      8. Expulsion from the University
      9. Expulsion is permanent separation and removal from the University. The sanction of expulsion must be approved by the University president (or designee.) Expulsion requires a student to be withdrawn from all classes, suspended from University housing (if applicable), banned from all University facilities (and subject to arrest for trespassing), permnently rendered ineligible to register for any University class, and prohibited from participating in University activities. The studentís transcript will indicate that the student was expelled by the University.

      10. Fees
      11. The University may assess a fee in conjunction with any case handled by the Office of Student Conduct or the Office of the Office Graduate and Professional Education. Fees for individaul students are charged to the their billing account.

      12. Notice of Reprimand
      13. A notice of reprimand is a written notification that a student's conduct was inappropriate for a member of the University community. Continued violations of the Code of Conduct will result in more serious sanctions. A Notice of Reprimand is not reported outside the University of Delaware, in accordance with the Retention and Release of Disciplinary Records process.

      14. Parental Notification
      15. In order to support students' learning and success following a violation of policy, the University may contact the parent or legal guardian of a student who is tax dependent (as defined by the Family Educational Rights and Privacy Act) when a final outcome of responsible is reached in cases involving alcohol, drugs or violence, or when a sanction of Deferred Suspension, Suspension or Expulsion is appled.

      16. Restitution
      17. The University may require restitution for damage, destruction, or theft of University or other property. These charges may not be in excess of the damage or loss incurred and may be imposed together with other sanctions listed here.

      18. Suspension and Ban from the University
      19. Suspension from the University requires a student to be withdrawn from all classes, suspended from University housing (if applicable), banned from all University facilities (and subject to arrest for trespassing and a charge of Failure to Comply), rendered ineligible to register for any University class, and prohibited from participating in University activities for the period of the suspension. A student who is suspended from the University is nonetheless responsible for all financial obligations to the University.

        The studentís transcript will indicate that the student was suspended by the University and will include the beginning and end dates of the suspension. If the student re-enrolls at the University following a period of suspension, this notation will be removed. If the student does not re-enroll following a period of suspension, this notation will become a permanent notation on the transcript.

        Students who further violate the Code of Conduct during the period of suspension or after returning to the University may be expelled.

        A student who is suspended from the University for multiple years may submit an appeal when a suspension of more than two semesters has been served and the student wishes a reduction in the remaining period of suspension.

      20. Suspension and Ban from University Housing
      21. Suspension from University housing prohibits a student from residing in any University housing during the period of suspension. A student who is suspended from University housing is responsible for the cost of the housing space for remainder of the semester in which disciplinary action is finalized, unless this action is finalized before the end of the semester's free drop/add period. If this action is taken after the close of the Fall semester but before the beginning of the Spring semester, the student will be billed a late cancellation fee. Housing deposits for the following academic year also may be forfeited according to established cancellation deadlines.

        During the period of suspension from University housing, the student is banned from entering all housing owned by the University of Delaware. Unless otherwise noted, this ban includes non-residential areas included within a residence complex, including, but not limited to, dining halls, convenience stores, fitness centers and computer labs. Entrance into these facilities will be viewed as a violation of this sanction and the student will be confronted and charged accordingly for trespassing and failure to comply.

    5. Other Sanctions
    6. The University may impose any other sanction, depending upon the circumstances and the nature of the violation.

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  3. Sanctions for Academic Honesty Policy Violations
    1. In addition to sanctions set forth above, the University may impose a specific academic penalty for a violation of the Academic Honesty Policy. The following list of sanctions is not exhaustive, and the University may impose additional or different sanctions than those listed.

      It is contrary to University policy for a faculty member to lower a grade on an academic work or academic exercise when a violation of the Academic Honesty Policy is suspected without working with the Office of Student Conduct or the Office of Graduate and Professional Education. Such an independent action violates the studentís guaranteed right to due process and leaves the faculty member vulnerable to a grade grievance. Similarly, students are prohibited from proposing and/or entering into an agreement with a faculty member to receive a grade of ďFĒ or any reduced grade on an academic exercise or in the course so as to avoid being charged with a violation of the Academic Honesty Policy.
    2. Procedures for Detremining Academic Penalty
      1. When a faculty member suspects a student of an academic violation, and before deciding on an academic penalty, the faculty member must inquire about the student's past academic violations and incorporate that information into the decision about appropriate actions. The faculty member should contact the Office of Student Conduct (for undergraduate students or those in special programs) or the Office of Graduate and Professional Education (for graduate students).

      2. The faculty member must choose one of the following:
        1. Option A: The faculty member may require the student to repeat any work affected by the academic violation. When the faculty member chooses to have the student repeat affected work, the faculty member may impose a grade penalty on that work.
        2. Option B: The faculty member may issue the student a lower or failing grade on all or any portion of the work affected by the academic violation, a lower or failing grade in the course or may require that the student be withdrawn from the course.
        3. Option C: The student will receive a failing grade in the class in which the violation occurred, and an "X" will be placed on the student’s University transcript, with an explanation on the transcript that the failure resulted from the student’s academic violation.
        4. The student who wishes to remove the "X" from the transcript may complete a non-credit seminar offered by the University which addresses academic honesty and the ethical and social ramifications of violations of this standard. A student who successfully completes this seminar will have the "X" removed from the transcript and replaced with an "F". This seminar must be completed before the student's degree is conferred.

      3. If a student denies responsibility for violating the Academic Honesty Policy and is found responsible through the student conduct process, the academic penalty applied may be no more stringent than that which the faculty member initially prescribed.

      4. If the final academic penalty is a failing grade in the course (with or without the "X" notation) or withdrawal from the course, the student may be prohibited from returning to the course in which the violation occurred.
      5. When a student is charged with an academic honesty violation and the case is referred to the student conduct system, a grade of “I” should be given until the case is completed.

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  4. Sanctions for Alcohol or Drug Policy Violations
    1. Specific Additional Measures
    2. In addition to the sanctions listed in Section III.A above, additional specific measures may be applied for each violation of the University’s Alcohol or Drugs Policy, which may include a referral to staff within Student Wellness and Health Promotion, who will determine the best type of educational intervention to address the student's use of alcohol or drugs.

    3. Medical Amnesty/Good Samaritan Protocol

      Student health and safety are of primary concern at the University of Delaware. As such, in cases of intoxication or overdose due to the consumption or use of alcohol or drugs, the University encourages individuals to seek assistance for themselves or others.

      If assistance is sought due to a serious and immediate risk from the consumption or use of alcohol or drugs, the Office of Student Conduct will not pursue conduct charges against a student for violations of the Alcohol Policy, Drug Policy or policies related to the consumption or use of alcohol or drugs. Additionally, those students who actively assist an individual under the influence of alcohol or drugs will not receive conduct charges for violations of the Alcohol Policy, Drug Policy or policies related to the consumption or use of alcohol or drugs.

      Active assistance requires an individual to contact 911 or a University official (such as University of Delaware Police or Residence Life and Housing staff). Once an active call for help has been made, that individual must remain with and monitor the student’s condition until assistance arrives, and cooperate fully during the medical and investigative process. Medical Amnesty will not be granted where there was no active call for medical assistance. Students who are confronted by University officials (such as University of Delaware Police or Residence Life and Housing staff) will be referred to the Office of Student Conduct for conduct charges.

      When Medical Amnesty is granted, the student under the influence of alcohol or drugs (and possibly the referring student) will be required to meet with the Director of the Office of Student Conduct (or designee), who will require the completion of educational interventions designed to address the behavior which resulted in Medical Amnesty being granted. In most cases, notification will be sent to the student’s parents or legal guardian. While there is no limit to the number of cases for which a student can receive Medical Amnesty, serious or repeated incidents will prompt a higher degree of concern and response. Failure to complete educational interventions required under this protocol will result in the application of student conduct charges.

      The Medical Amnesty/Good Samaritan Protocol does not preclude conduct charges due to any other violations of the Code of Conduct (not related to the Alcohol Policy or Drug Policy). In addition, it does not extend to the sale, distribution, or manufacturing of alcohol or drugs. All incidents are examined on an individual basis to determine if Medical Amnesty is applicable, as well as the most appropriate educational interventions.

      Medical Amnesty will be granted to students who may have violated the Alcohol Policy or Drug Policy at the time of an incident when they became a victim of sexual assault, sexual harassment or other forms of sexual misconduct. Therefore, a charge of violating the Alcohol Policy or Drug Policy will not be applied to a student who reports being under the influence of alcohol or drugs at the time of an incident involving sexual assault, sexual harassment or other form of sexual misconduct. Please see more information in the Sexual Misconduct Policy.

      Students are encouraged to read the complete Medical Amnesty/Good Samaritan Protocol.

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  5. Sanctions for Student Organizations
    1. In addition to the specific sanctions listed in Section III.A above, a student organization may face additional or different sanctions for its conduct and the conduct of one or more of its members.
    2. Examples of sanctions that may be imposed upon a student organization include, but are not limited to:
      1. Deferred Suspension of a Student Organization

        Deferred suspension of an organization is a period of review during which the organization must demonstrate the willingness and ability to comply with University rules, regulations and other stipulated requirements. If, during the period of deferred suspension, the organization is again found responsible for violating any University policy, the organization and its registration, privileges and status with the University will be immediately suspended.

      2. Disciplinary Probation of a Student Organization

        Disciplinary probation is a period of review during which the organization must demonstrate the willingness and ability to comply with University rules, regulations, and all other stipulated requirements.

      3. Notice of Reprimand Issued to a Student Organization
      4. A notice of reprimand is a written notification that the student organization's conduct was inappropriate for a member of the University community. Continued violations of the Code of Conduct will result in more serious sanctions.

      5. Social Probation of a Student Organization
      6. Social probation prohibits an organization from participating in any event with alcohol on or off campus. The organization may still participate in non-alcoholic social events, community service, philanthropic and educational programs, provided alcohol is not a component of these events. "Participating in" includes, but is not limited to, sponsoring, co-sponsoring, hosting and/or co-hosting.

      7. Suspension of Organizational Privileges

        1. A student organization’s privileges, chapter status, and registration may be suspended for a specified period of time. In the event that a student organization is suspended from the University, the organization may not during the term of the suspension:

          1. Meet as an organization;
          2. Recruit members;
          3. Engage in social functions of any type;
          4. Use University buildings, facilities, property or equipment;
          5. Use University resources, services or funds; or
          6. Co-sponsor, participate or attempt to participate as an organization in another student organization's event, including any event sponsored by another student organization.
        2. In a case where suspension of all organizational privileges has not been applied, any one or more of the privileges set forth above may be suspended.

        3. Upon the end of the suspension, and before a group is allowed to return, a petition must be submitted to the appropriate University official, which demonstrates in a sufficient manner, as determined by the University in its sole discretion, the following:

          1. The issues leading to the organization's suspension have been remedied;

          2. Those wishing to revive the organization's status understand the University's policies and procedures and are willing and able to follow them;

          3. The organization and its members have complied with the suspension, have not engaged in conduct aimed at ignoring or frustrating the suspension; and

          4. The organization and its members have committed no intervening violations of the Code of Conduct.

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