Social Policies - Sanctions

SOCIAL POLICIES – SANCTIONS

When a student is found responsible for a violation, the hearing officer or Honor Board panel will assign a sanction. These sanctions are intended to facilitate growth and learning, to uphold Elon’s expectations for accountability based on our honor code values, to begin to repair harms that may have resulted from the behavior, and to support the health and safety of all members of our community.

The hearing officer/board will consider the following factors for developing sanctions: 

• Typical sanctions for each violation as part of the current incident; multiple violations in one incident may result in a more serious sanction than would be imposed for the violations individually
• The choices, risks, harms, mitigating, and aggravating factors in the current incident
• Previous disciplinary history: including any prior violations, dates of violations, and any patterns of behaviors
• Any current warning/probation status level

Case sanctions are not an evaluation of character, but of choices and behaviors during a specific incident. Character statements, GPA, and other similar factors are not considered as part of the process for developing sanctions.

Sanctions typically consist of a disciplinary status, educational/restorative activities, a university fine or fee, and may include additional aspects such as restrictions, an assessment with a licensed healthcare provider, and other active/passive sanctions.  

Disciplinary Status and Other Sanctions

Any one or more of the following sanctions may be assigned for any student found responsible for any single violation. Cases involving more than one violation, as well as cases involving respondents with prior conduct violations, may result in more serious sanctions.

1. Disciplinary Standing

   Students and student organizations with sanctions of disciplinary probation, disciplinary suspension, or permanent separation and those not in compliance with sanction requirements (e.g. overdue sanctions or failure to complete as assigned) are not considered to be in “good standing.” Students who are on disciplinary probation or are not in good standing may be unable to participate in some programs, experiences, or leadership positions; students should consult directly with the university officials coordinating those opportunities for information on those restrictions, how probationary status is considered in those decisions, and any related process to appeal that restriction. 

   Students who withdraw from the university or graduate with outstanding charges or incomplete sanctions may be considered “not in good standing” with the University and restricted from returning to campus or enjoying other University privileges until the required conditions are met.  

   Academic standing (including academic probation) is separate from disciplinary standing.

2. Disciplinary Status Levels

   When a student is found responsible for violating the Code of Conduct, one of the following disciplinary status levels will be assigned:

   Official Warning: Official warning is the lowest disciplinary status level for social policy violations of the Code of Conduct. The official warning is notification to the student(s) that they have been found responsible for a Code of Conduct violation and that any other violations may result in more serious sanctions.

   Disciplinary Probation: A probationary status imposed for a specific time period during which the student is expected to show a positive change in behavior. Disciplinary Probation serves as the official notice that future violations of the Code of Conduct may result in more severe sanctions, including the possibility of suspension or permanent separation.

   During the probationary period, the student can remain on campus, attend classes, and participate in certain programs and activities, but is not in good standing, which may affect the student’s ability to participate in some programs, experiences, or leadership positions. Students should consult directly with the university officials coordinating those opportunities for additional information on those restrictions, how probationary status is considered in those decisions, and any related process to appeal that restriction.

   Disciplinary Suspension: The removal of a student from the university for a specific period of time. The student may apply for readmission but will not be approved unless all other requirements and deadlines have been met.

   While a student is suspended, they cannot return to the campus or participate in any programs or activities of the university without written permission from the associate vice president for Student Life / dean of students (or designee), or the associate provost for academic excellence and integrity. If the student returns to the campus without written permission during the suspension period, their eligibility to return to Elon in the future may be jeopardized and the student may be issued a legal trespass order.

   A violation of the Code of Conduct deemed to be sufficiently egregious or a repeat violation may result in a disciplinary suspension. Students suspended for social policy violations may request to take courses elsewhere for transfer credit according to the academic catalogue.

   In rare situations, when warranted by mitigating or extenuating circumstances as determined by the associate vice president for Student Life / dean of students or the associate provost for academic excellence and integrity, a hearing officer/board or appeal officer/board may hold a suspension in abeyance to take effect only upon further violations of the Code of Conduct or failure to fulfill assigned sanctions. A suspension held in abeyance may be activated pending the outcome of a conduct process for subsequent violations.

   Suspended students will only be refunded board and tuition using the refund schedule outlined in the academic catalog. All other fees and charges are forfeited.

   Upon reenrollment following a period of disciplinary suspension, a student will be placed on disciplinary probation for one term from date of return.This probationary period is designed to assist with a smooth transition back into the university community. Students on post-suspension disciplinary probation are required to abide and complete all terms and conditions of their return. Any misconduct or non-compliance will be reviewed and may result in disciplinary suspension or permanent separation from the university.

   Permanent Separation: Permanent removal from the university. Students separated from the university will be refunded board and tuition only, using the refund schedule outlined in the Academic Catalog. All other fees and charges are forfeited.

   If a student is permanently separated from the university, a notation will be made on the official transcript.

   Students who are permanently separated from the university for violations of the Code of Conduct may not return to the campus or participate in any programs or activities of the university without written permission from the associate vice president for Student Life / dean of students (or designee), or the associate provost for academic excellence and integrity. If the student returns to the campus without written permission, they may face criminal charges for trespassing.

3. Additional Sanctions/Restrictions

   Alcohol Education Class/Program: Students found in violation of an alcohol-related policy may be assigned to complete an alcohol education class or a program such as e-chug, Under the Influence, or BASICS. The fee, if any, for these programs is the student’s responsibility and must be paid before the program begins.

   Cease Contact Directive: As a result of one or more significantly negative interactions, the cease contact directive is put in place for all involved parties. Each person is instructed to have no further contact with the other(s) including but not limited to speaking to them in person, through friends/acquaintances, via telephone or text message, via e-mail or any other form of social media, or in writing. Additional parameters may be stipulated in the directive. If any party violates this request to refrain from contact, it will result in a referral to the Office of Student Conduct for a violation of the Code of Conduct policy of “Failure to Comply with the Directive of a University Official” in addition to any other applicable university policies. (A cease contact directive can also be administratively assigned as an interim administrative action without assumption of responsibility for any violation.)

   Confiscation of Prohibited Property: Items whose presence is in violation of university policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of the director of student conduct and/or Campus Safety and Police.

   Mental Health Assessment: Students may be required to complete a psychological or psychiatric assessment by a licensed mental health provider. Students must follow any treatment, additional assessment or referral recommendation resulting from the assessment and provide documentation of compliance. Students are responsible for any cost or fees associated with the assessment and treatment.

   Drug Education Class/Program: Students found in violation of a drug-related policy may be assigned to complete a drug education class or a program. The fee, if any, for these programs is the student’s responsibility and must be paid before the program begins.

   Drug Testing: Students are required to complete random drug tests during the period indicated in the hearing decision. Students will be notified via university email and given directions for completing the drug test within one business day. They are responsible for checking their email daily during this time period. (Notifications will not be sent on holidays, weekends or during times when classes are not in session.) Testing is available at Student Health Services, Urgent Care, or a site pre-approved by your hearing officer. Off-campus tests must include a formal chain of custody, five-panel screening (or higher), and validity testing. All costs associated with drug testing are the responsibility of the student. Results must be mailed, faxed or emailed from the testing site to the Office of Student Conduct.

   Educational Project/Plan: This may include an educational project, task, or participation in a program/activity individually tailored to the specific violation and intended learning outcomes. Some examples include papers, book reports, online academic integrity seminars, interviews, or program development and implementation. Assignments must be presented to and approved by the hearing officer or designee in order for the requirement to be considered complete. Students may be required to complete a follow-up meeting for this requirement to be considered complete.

   Fines: Fines support honor code awareness initiatives, substance education, and substance-free programming. Fines not paid by due date will be added to the student’s bill/account with a $50 additional fee. Students with high demonstrated financial need as documented by the Office of Financial Planning may petition the hearing officer to consider alternative sanctions in lieu of a fine. The student must make the request at the time of the initial hearing.

   Loss of Organization Recognition: The student organization loses its official recognition for a given or indefinite period of time. If re-registration is allowed, the organization must comply with all other requirements prior to being recognized again. While an organization is suspended, it may not use University resources unless otherwise stated in the hearing decision. (When a student organization fails to complete sanctions of a conduct violation, this sanction may be assigned as a consequence of that compliance failure.)

   Relocation of University Owned or Operated Housing: A student or group may be required to move to another room, residence hall, apartment, or residence area because of their lack of willingness to live within the rules of their present residential community or uphold university policies. For individuals, this sanction will be assigned in situations where the student would benefit from a change of environment in order to conform to acceptable group living standards or to restrict the student from being in the same neighborhood as a reporting party. This includes university-leased/operated housing as well.

   Removal from University Housing: A student may be removed from residing in university-owned or leased housing as part of an imposed sanction. Room rent for the remainder of the student’s housing contract period may not be refunded.

   Residence Life /Housing Probation: Official notice that, should there be further violations of the Code of Conduct, Residence Life or Fraternity and Sorority Life policies, or other University policies occur during a specified probationary period, the student may immediately be removed from University housing.

   Restitution: Reimbursement for damage caused to the University or any person’s property. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.

   Restorative Actions/Projects: Student(s) are required to engage in actions that attempt to make amends for the negative impact of a violation and repair the harm that resulted from the misconduct. These actions may include activities such as letters of apology, drafting and implementing a plan of resolution, providing restitution services, engaging in restorative justice conferences, or developing plans for reintegration.

   Restriction of Visitation Privileges: May be imposed on a resident or non-resident student. The parameters of the restriction will be specified.

   Substance Abuse Assessment: Students found responsible for alcohol- or drug-related violations may be required to complete an assessment by a certified substance abuse counselor/provider. Students may meet with a member of the Student Health Services or Counseling Services staff for assistance in a referral to a certified provider. Students must follow any treatment or referral recommendations that result from the assessment and forward appropriate additional documentation to the Office of Student Conduct. Students are responsible for any cost associated with the assessment and treatment.

   Suspension or Restriction of Privileges: An individual student, residence hall floor, suite, apartment, or student organization may lose specified privileges for a designated period of time. The student or organization is barred from or limited in engaging in, participating in, hosting, or sponsoring social events (formal or informal) or other non-academic activities. The purpose of this sanction is to allow students/organizations the opportunity to create socially responsible habits/environments that are sustainable and demonstrate the ability to abide by community standards and expectations. The exact parameters may vary based on the specifics of the incident and will be specified in writing.

   Adaptive Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the violation with the approval of the director of student conduct, assistant dean of students, associate provost for academic excellence and integrity, or designee.

4. Recognized Student Organization Sanctions

   The following sanctions may be imposed upon groups or organizations found to have engaged in prohibited conduct to create a developmental action plan:

   • A disciplinary status level;
   • One or more of the additional requirements or restrictions listed previously; and/or
   • Loss of recognition or loss of privileges (including status as a recognized student organization) for a specified period of time, until sanctions are complete, or indefinitely.
   • An organization fine or education program fee, and/or
   • An alternate sanction as identified to align with the violation(s)
5. Failure to Complete Sanctions or to Comply with Required Actions/Restrictions

   All students, as members of the University community, are expected to comply with required actions/restrictions within the time frame specified in the hearing decision. Students or organizations who do not complete required actions by the assigned due date, whether by refusal, neglect or any other reason, may have a registration hold placed on their student record or may have enrollment for the upcoming term dropped (if registration has already occurred) until the required action is complete. In some cases, a student or organization may be referred to the student conduct process for a potential policy violation of “Failure to Comply with the Directive of a University Official,” and may receive additional or more serious sanctions (including suspension for a student or loss of recognition for a student organization).To re-enroll or regain recognition as an organization, a student/group must have satisfactorily completed all (including any additionally assigned) required actions. This determination will be made by the Office of Student Involvement, in consultation with Dean of Students or designee.

   Students who have pending cases with alleged policy violations may remain in a “graduate pending” status and may not be considered in “good standing” until a resolution is identified and applicable sanctions are fulfilled. Additionally, students who graduate with incomplete sanctions may be considered “not in good standing” with the university and restricted from returning to campus until the required conditions are met.

6. Sanctioning Framework – Alcohol and Other Drug Violations

The sanctioning framework for alcohol and other drug violations is set forth below. This framework provides guidelines for sanctioning alcohol and drug violations but should not be interpreted as prescriptive. The guidelines are intended to be flexible to address the particular circumstances of a specific case, and hearing officers/boards may modify sanctions as deemed appropriate. If a single incident involves multiple distinctive violations, sanctions typically will be cumulative. In addition to sanctions under this Code of Conduct, individuals who unlawfully possess, use, or distribute illicit drugs or alcohol may be subject to criminal penalties under local, state, or federal law.