Section IV: Honor Code & Standards of Conduct

LIFE UNIVERSITY HONOR CODE

Our Commitment to Integrity The Expectation Continuum: Tolerance, Respect, and Honor

Life University embraces a central role for integrity in its pursuit of its Mission. LIFE recognizes that its approach to integrity covers an increasingly responsive continuum in approaches.

At one end of the spectrum, LIFE recognizes the highest ideals of integrity. We understand how each person’s commitment to integrity honors and elevates the entire community. That our approach to issues of integrity are grounded in the highest and noblest aspirations of human beings: to honor and defend the commitments of ourselves and others, to act honorably, to be honest, responsible, worthy of trust and act with the highest levels of responsibility. We see the exemplars of this approach throughout our country’s history: George Washington, Abraham Lincoln, Thurgood Marshall, Martin Luther King, Jr.

On the other end of the integrity spectrum, Life University recognizes and understands that it is necessary to ground those high ideals into a well-codified and structured set of rules for its members to follow. These rules provide the barest minimum level of integrity that the community will tolerate. Anyone failing to behave at or above these minimums must face processes designed to improve their behavior to a higher level in order to continue their membership in the LIFE community.

The vast majority of the members of the LIFE community exist in between these two levels. Life University embraces the notion that integrity is not a state, rather that it is a daily striving, a struggle to reach closer to the highest ideals despite pressures to retreat to the lower levels that result in complaints, investigations, hearings and sanctions. This results in a community based on mutual respect.

Life University understands and embraces the centrality of the students’ experience to learn more than academic content, but also to develop skills and values that will support them in managing their approach to integrity their whole life. To this end, LIFE charged a special task force in 2005 to develop this Guide to Academic Integrity and the accompanying program. Life University’s leadership is committed to support in any way possible the manifestation of integrity on the campus, in its myriad of forms and many levels of manifestation.

LIFE recognizes five essential components to integrity on campus and expects faculty members, staff and students to embrace these concepts and to live them on a daily basis, on and off campus:

Responsibility

Along with the rights of being a member of the LIFE academic community comes the principle of responsibility. Every member of the LIFE community is charged with accountability for upholding the Institution’s core values and expectations. Every member of the LIFE community is expected to exemplify the University’s standards and practices.

Respect

At the core of the LIFE community lies a deep regard for other human beings. Faculty members and students respect each other as people, not as means to an end. Faculty members show respect by valuing students’ goals and ideas, by engaging students and each other with intellectual rigor and discipline, providing honest feedback on students’ and peers’ work with a view to improvement, and by treating every member of the LIFE community as a valued individual.

Honesty

Honesty is the cornerstone of the academic enterprise. At LIFE, our educational focus is on the Core Proficiencies. Intellectual and personal honesty is the hallmark of Life University’s endeavors to advance truth, and to explore deeper understanding of human health and behavior. In creating the next generation of graduates to initiate needed change in society, LIFE recognizes the centrality of both honesty and candor.

Trust

Life University’s policies and practices are based upon a fundamental recognition among its members that at the core of each and every human being is an innate intelligence that shares common origin. This understanding creates an awareness among LIFE community members of its common mission — to improve the world by applying intellects and energy in positive directions. This understanding provides the foundation for a fundamental expectation of positive and supportive behavior from other members of the LIFE community.

Fairness

Life University provides fair evaluation processes for all members of the LIFE community. It is an important value at LIFE to have processes spelled out clearly and administered equitably across the organization.

Guy F. Riekeman, D.C.

President of Life University

PERSONAL & ACADEMIC INTEGRITY AT LIFE UNIVERSITY

The first of the Core Proficiencies at Life University is Integrity and Citizenship. The following documents will help explain the University’s expectations for personal and academic integrity.

These documents are the Life University Honor Code, the Standards of Conduct, processes involved in administering the Honor Code and Standards of Conduct, as well as a flow chart and the necessary forms required to navigate through the process in the event a violation has been alleged.

Please take the time to familiarize yourself with the content and processes contained within this document.

LIFE UNIVERSITY HONOR CODE

Students

All members of the Life University community are entrusted with the responsibility of upholding ethical goals and values. Essential to the fundamental purpose of Life University is a personal commitment to the principles of Integrity and Citizenship.

Integrity provides the underpinning for the responsible exercise of our rights and responsibilities as civil human beings within our community. Integrity leads to empowerment and excellence, while a lack of integrity results in mediocrity. Life University teaches students how to achieve and maintain personal integrity and function as valued citizens within the academic, health care and larger communities.

As individuals and members of the Life University community, we commit ourselves to act with civility, honesty and responsibility, and above all, with integrity and honor. We are accountable for all that we say, write and do. We are responsible for the academic integrity of our work. We pledge that we will not misrepresent our work, nor give or receive unauthorized aid. We commit ourselves to behave in a manner that demonstrates concern for the personal dignity, rights and freedoms of all members of the community. We are respectful of Life University property and the property of others. We will not tolerate a lack of respect for these values by anyone.

Nondiscrimination Policy

Life University complies with federal and state law, and does not discriminate on the basis of race, color, gender, religion, national origin, age, sexual orientation, disability, medical condition, pregnancy, citizenship or veteran status. The University also prohibits sexual harassment. This nondiscrimination policy applies to all employment practices at Life University, and to the admission, access to, treatment in and employment in LIFE’s education programs. Inquiries regarding LIFE’s student-related nondiscrimination policy may be directed to the Director of Human Resources at (770) 426-2930.

Rationale

This Honor Code was developed following discussions among a broad range of constituencies within Life University, encompassing students, faculty, staff, administrators and trustees. This Honor Code is a living document that will evolve with time in order to better foster and advance an environment of ethical conduct in its academic community. Life University may amend both the substantive requirements and the enforcement procedures contained herein to reflect experience gained from its implementation.

Authority

Any modification of the Honor Code must be approved by the Board of Trustees upon recommendation from the President. The Life University Standards of Conduct govern the enforcement of the Honor Code. Modifications and variations in the Standards of Conduct, including the use of alternative procedures in specific contexts as mandated by federal or state law, are subject to the approval of the President. In addition, upon recommendation from a Dean, Director or the Faculty Senate, the President, Vice President of Academic Affairs or the Vice President of Student Services may permit individual units of Life University to adopt and implement area-specific standards of conduct. However, these standards may not authorize or condone conduct prohibited by, or inconsistent with, the Honor Code. Any changes to the Standards of Conduct shall be published in the Academic Quarterly and shall be in effect from the day of publication forward.

Definitions

The term “student” includes all persons taking/auditing courses at Life University, either full-time or part-time, pursuing undergraduate, graduate or professional studies. Persons who withdraw after allegedly violating the Standards of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with Life University, or who have been notified of their acceptance for admission are considered “students” as are persons who are living in Life University residence, although not enrolled in this institution.

The term “respondent” refers to any student or student organization or member of a student organization who has been formally charged with alleged violations of the Standards of Conduct

The term “complainant” refers to any Life University community member who has filed a complaint with the Director of Student Conduct, alleging that one or more violations of the Standards of Conduct have occurred.

The term “Conduct Review Board” (CRB) refers to any person or persons authorized by the Director of Student Conduct to determine whether a student has been found to have violated the Standards of Conduct and to recommend sanctions that may be imposed when a rules violation has been committed.

Enforcement

The Life University Standards of Conduct shall apply to all Life University students. The procedures in the Life University Student Handbook shall govern and be followed in the case of any accused of violating the Honor Code. When a member of the Life University community serves in multiple roles, the applicable handbook will be determined by which role the respondent was serving in at the time of the alleged violation. Any conflict or dispute concerning which procedure governs the enforcement of this Honor Code shall be resolved by the Vice President of Student Services.

Jurisdiction

While the activities covered by the legal system of the larger community and those covered by the Life University Standards of Conduct may overlap, it is important to note that the community’s laws and the Life University Standards of Conduct operate independently and do not substitute for each other. Life University may pursue enforcement of its own Standards of Conduct whether or not legal proceedings are underway or even being considered, and may use information from third party sources (such as law enforcement agencies and the courts) to determine whether the Life University Standards of Conduct have been violated. Life University Standards of Conduct apply to student behavior both on campus and off campus, and enforcement of these Standards may occur regardless of where the behavior took place.

In the case of allegations of sexual misconduct, the Life University Sexual Misconduct Policy and Procedures shall apply and supersedes the procedures and policies set forth in the Honor Code.

STANDARDS OF CONDUCT

Introduction

The Life University Standards of Conduct apply to all members of the LIFE community. Each constituency will be governed by the appropriate handbook, policies or laws. Students are governed by the Student Disciplinary Procedures contained in this document. Faculty members are governed by the Faculty Handbook, as Staff members are governed by the Employee Handbook. Members of the Board of Trustees are governed by The Georgia Nonprofit Corporation Code, the Articles of Incorporation, the By-Laws and other policies of the Life University Board of Trustees. Life University expects its community members to recognize the strength of personal differences while respecting the institutional values embodied in the Honor Code. They are encouraged to think and act for themselves, as that is the purpose of higher education. However, they must also understand that Life University has non-negotiable values in which it strongly believes. The purpose of these Standards of Conduct is to communicate these values to the Life University community, and promote an environment conducive to education, work, scholarly activity and recreation.

Civility | Community | Integrity | Responsibility

Civility

“In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute.” - Thurgood Marshall

Disorderly Conduct

Violations of the Honor Code include, but are not limited to:

1. Any act that is lewd, indecent, disruptive or that otherwise breaches the peace, regardless of intent, when such an act is takes place on Life University premises or at any event sponsored or offered by Life University.
2. Indulging in conduct during a class or examination session or while in clinic which is so disruptive as to infringe upon the rights of another member of the Life University community.

Harassment

Violations of the Honor Code include, but are not limited to:

1. Any act, display or communication intended to create a hostile environment or cause substantial emotional injury and/or distress on the part of the person or persons to whom it is specifically directed. This behavior frequently, but not always, involves a pattern of conduct.
2. Any attempt to repeatedly make contact with a person over his/her stated objections, when such contact serves no legitimate purpose. This includes, but is not limited to, intentionally following another person on campus or in or about a public place or places.
3. Any unauthorized use of electronic or other devices to make an audio, video or digital record of any person while on Life University premises without his/her prior knowledge and valid consent, when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room or restroom. This provision does not preclude Life University from engaging in surveillance for the purposes of providing a safe and secure environment for its students, faculty and staff.
4. Sexual harassment which includes, but is not limited to:
   1. Unwanted sexual advances and/or requests for sexual favors.
   2. Other verbal or physical conduct of a sexual nature that is pervasive or severe enough to adversely affect or interfere with a student’s ability to participate in and receive the benefits of the University. This includes sex-based cyber harassment.

Provocation 

Violations of the Honor Code include, but are not limited to:

1. Referring with disrespect to all peers, health professionals and members of the Life University community.
2. Any act, display or communication that may reasonably be expected to cause an immediate breach of the peace by the person or persons to whom it is specifically directed.
3. Any act, display or communication that reasonably may be expected to cause disruption of a Life University event. This includes, but is not limited to, the use of racial epithets or other patently offensive language in a manner that is likely to provoke an immediate breach of the peace.
4. Any display or communication, whether oral or visual, that encourages an audience to take immediate action, when such action may reasonably be expected to inflict harm upon a person or persons and/or cause damage to property.

Community

“This City is what it is because our citizens are who they are.” - Plato

Endangerment

Violations of the Honor Code include, but are not limited to:

1. Any act, display or communication that would cause a reasonable person to fear for his/her personal safety. This includes, but is not limited to, physical coercion and/or restraint.
2. Causing bodily harm to a person or engaging in aggressive physical contact that would likely have caused bodily harm, despite the lack of any measurable harm.
3. Any act that directly or indirectly creates a substantial risk to the safety of a person or persons and/or the Life University community. This includes, but is not limited to, falsely reporting an emergency and/or engaging in the unauthorized possession, use or alteration of any Life University-owned emergency or safety equipment.

Hazing

Violations of the Honor Code include, but are not limited to:

1. Participation in and/or having knowledge of and failing to report any initiation process which requires any member of the Life University community to participate in, or subjects them to, any activity which produces or is likely to produce physical, mental or emotional pain, discomfort, humiliation or embarrassment, regardless of that person’s willingness to participate in such activity in connection with or as a condition or precondition of gaining acceptance, membership, office or other status in a school organization.

Interference

Violations of the Honor Code include, but are not limited to:

1. Any act that disrupts or interferes with any educational, clinical, administrative or other aspect of Life University’s operations. This provision is not intended to prohibit organized, peaceful and orderly protests.

Non-Compliance

Violations of the Honor Code include, but are not limited to:

1. Any failure to comply with a reasonable request of a Life University official in the performance of his/her duties. This includes, but is not limited to, failure to comply with any written or oral instructions communicated as part of the disciplinary process.
2. Failure to provide one’s Life University identification card upon request to any Life University official.
3. Any failure to abide by signs, placards and/or other official Life University postings.
4. Behavior that has been adjudicated to violate or may violate local, state or federal laws.

Violation of Life University Policies

Violations of the Honor Code include, but are not limited to:

1. Any unauthorized entry into, use or occupation of Life University facilities that are locked, closed to student activities or otherwise restricted as to use or that have not been reserved for use through the proper Life University authorities.
2. Any failure to report violations of these Standards of Conduct, which occur in one’s presence and/or in one’s designated living area on Life University premises. Anyone who encourages, instigates or endorses such misconduct through inaction may also be held responsible for violating the appropriate Standards of Conduct.
3. Any failure to take reasonable steps to prevent one’s guest or visitor to Life University from violating these Standards of Conduct. Anyone who allows such misconduct may also be held responsible for violating the appropriate Standards of Conduct.
4. Any act which is in violation of Life University policies not outlined in these Standards of Conduct. These include, but are not limited to, campus housing policies, discrimination policies, parking regulations, intellectual property policies, Student Services policies and policies governing the appropriate use of Life University technology.

Integrity

“Honesty is the first chapter in the book of wisdom.” - Thomas Jefferson

Academic Misconduct

Violations of the Honor Code include, but are not limited to:

1. Referring to materials or sources or employing devices not authorized by the instructor during an academic or clinical evaluation.
2. Providing to and/or receiving from another person assistance during an academic or clinical evaluation in a manner not authorized by the instructor.
3. Possessing, buying, selling, obtaining and/or using a copy of any materials intended to be used as an instrument of academic evaluation, in advance of its administration, not authorized by the instructor.
4. Possessing, buying, selling, obtaining and/or using a copy of any previous assessment instrument not authorized or released for student availability by the instructor.
5. Utilizing a substitute in any academic evaluation or attendance taking process.
6. Acting as a substitute for another person in any academic evaluation or attendance-taking process.
7. Practicing any form of deceit in any academic or clinical evaluation or attendance-taking process.
8. Providing aid and/or depending on the aid of others in the research, preparation, creation, writing, performing or publication of work to be submitted for academic credit or evaluation, unless expressly authorized to provide such aid by the instructor.
9. Plagiarism, which includes but is not limited to presenting as one’s own, for academic evaluation, the ideas, representations or words of another person or persons, including internet sources without customary and proper acknowledgment of sources.
10. Submitting the work of another person in a manner that represents the work to be one’s own.
11. Permitting one’s work to be submitted by another person without the instructor’s authorization.
12. Attempting to influence or change one’s academic evaluation or record on any basis other than achievement or merit.
13. Failing to cooperate, if called upon, in the investigation or disposition of any allegation of dishonesty pertaining to another member of the Life University community.
14. Presenting oneself, with the intent to deceive, as having credentials one has not yet earned.

Ethical Misconduct

Violations of the Honor Code include, but are not limited to:

1. Failing to comply with published clinic policies, rules and/or regulations.
2. Misrepresenting oneself or allowing oneself to be incorrectly identified to any member of the public as a Doctor of Chiropractic or other licensed healthcare practitioner.
3. Student interns caring for or attempting to provide care for, and/or advising patients, directly or indirectly, at any time or place, without the supervision and prior approval of Life University’s licensed clinical faculty, or other licensed Doctors of Chiropractic specifically designated by the appropriate Life University official to supervise student intern care.
4. Student interns providing care or attempting to provide care for or services that have not been approved by Life University’s licensed clinical faculty, other licensed Doctors of Chiropractic or other licensed healthcare practitioner, specifically designated by the appropriate Life University official to approve such care or services.
5. Failing to behave in a professional manner when in a professional relationship with any member of the Life University community.
6. Divulging or allowing access to confidential student or patient information, unless required by law (FERPA, HIPAA).
7. Failing to obtain prior written consent of the student or patient and/or failing to adequately de-identify patient information used in writing, reports, classroom lectures or other public forums.
8. Removing student or patient records or radiographs from classrooms, offices or clinic facilities without proper authorization.
9. Failing to use due diligence to accurately note in patient records: all data derived directly from the patient, all clinical assessments of the patient, all changes in the patient’s condition, all recommendations to the patient and all care delivered to and/or performed on the patient.
10. Withdrawing from the care of a patient without prior approval from the clinic doctor of record. All recommendations of referral, care and/or transfer of a patient, for any reason, are privileges reserved for the clinic faculty doctor(s) of record.
11. Subordinating the health and welfare of a patient and/or the quality of patient care to anyone’s expectation of academic, personal or monetary reward or lack thereof.
12. Paying for a patient’s care, and/or inducing and/or attempting to induce members of the public, patients or members of a patient’s family to submit to health care in exchange for monetary compensation or anything else of value.
13. Transporting anyone (other than the one’s own immediate family members) to and/or from Life University premises for the purpose of patient evaluation or care.
14. Advertising health care services other than as specifically defined as allowable by the state, Life University and/ or clinic regulations.
15. Engaging solicitors or agents for the purpose of soliciting patients, or becoming involved in such endeavors.
16. Failing to suspend, terminate or limit the scope of involvement with a subordinate (patient, student, etc.) when personal problems or conflicts, or a personal relationship with the subordinate, interferes with or may interfere with the professional relationship.

Dishonesty

Violations of the Honor Code include, but are not limited to:

1. Any conscious and/or deliberate provision of false or misleading information to a Life University official in the performance of his/her duties.
2. Any conscious and/or deliberate presentation of false or misleading testimony during a disciplinary hearing.
3. Any forgery, misuse, misrepresentation, and/or unauthorized alteration of any Life University or other official documents, records, or credentials. This includes, but is not limited to, the inclusion of false information on any official form or document submitted to Life University.
4. Any possession or use of forged or falsified identification. This includes, but is not limited to, use of another person’s identification and/or the possession of “novelty” identification that misrepresents one’s age or identity.

Theft

Violations of the Honor Code include, but are not limited to:

1. Any appropriation or possession of property, including intellectual property (e.g. current or old tests, instructor’s notes, etc.) by a member of the Life University community without the consent of the owner or person legally responsible for such property. This includes, but is not limited to, the possession of property a member of the Life University community should reasonably be expected to know is stolen property.
2. Any appropriation of items provided without charge when such appropriation exceeds reasonable limits and/ or restrictions imposed by the owner or person legally responsible for such materials.
3. Any unauthorized utilization of labor and/or services provided by Life University.

Responsibility

“All your scholarship, all your study of Shakespeare and Wordsworth would be vain if at the same time you do not build your character and attain mastery over your thoughts and actions.” - Mohandas Gandhi

Alcohol Misuse

Violations of the Honor Code include, but are not limited to:

1. Any possession or use of alcohol by any person under the age of 21, or any possession or use of alcohol by any person in violation of the relevant Life University policies.
2. Any presence on campus while under the influence of alcohol.
3. Any unauthorized manufacture or distribution of alcohol while on Life University premises or at any Life University-sponsored event, or any distribution of alcohol to any person under the age of 21.
4. Any act which causes a person to ingest alcohol without his/her knowing and valid consent.
5. Any possession on Life University premises of any item designed, fashioned and/or modified to facilitate and/ or disguise the use of alcohol in violation of the Standards of Conduct, whether or not the item has actually been used for such purposes.

Drug Misuse

Violations of the Honor Code include, but are not limited to:

1. Any possession or use of any illegal drug or other controlled substance, or any possession or use of any prescription drug or other controlled substance except as directed by a licensed physician.
2. Any presence on campus while under the influence of any illegal substance.
3. Any manufacture and/or distribution or intent to distribute any illegal drug, or any manufacture and/or distribution of any prescription drug or other controlled substance without a license for such conduct.
4. Any act which causes a person to ingest any illegal or prescription drug or other controlled substance without his/her knowing and valid consent.
5. Any possession on Life University premises of any item designed, fashioned and/or modified to facilitate and/ or disguise the use of any illegal drug or other controlled substance in violation of the Standards of Conduct, whether or not the item has actually been used for such purposes.

Physical Misconduct

Violations of the Honor Code include, but are not limited to:

1. Any act causing, or intended or likely to cause, bodily harm upon and/or unwanted physical contact with any person, regardless of intent.

Property Damage

Violations of the Honor Code include, but are not limited to:

1. Any act causing, or intended or likely to cause, damage to property, without the knowing and valid consent of the owner or person legally responsible for such property, regardless of intent.
2. Any intentional destruction, defacement, and/or unauthorized alteration of approved materials posted or distributed in accordance with Life University policies. This includes, but is not limited to, bulletin boards or the materials posted on them.

Sexual Misconduct

Violations of the Honor Code include, but are not limited to:

1. Non-Consensual Sexual Contact: Non-Consensual Sexual Contact is any intentional sexual touching or intercourse, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force
2. Sexual Exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

• Invasion of sexual privacy;
• Prostituting another student;
• Non-consensual video or audio-taping of sexual activity;
• Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
• Engaging in voyeurism;
• Any act that is sexual in nature when such an act is likely to threaten any party’s health and/or safety without his/her knowing and valid consent. This includes, but is not limited to, any act that may reasonably be expected to transmit HIV or other sexually transmitted diseases and is performed when either party has failed to divulge his/her infection with such a disease.
• Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Consent is defined as agreement that is informed and given freely. Previous relationships or instances of consent do not imply future consent. By definition, there is no consent when there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological. Impairment due to the use of alcohol or drugs does not excuse failure to obtain consent. Likewise, any person incapacitated by alcohol or drug use, or who is unconscious, asleep or physically impaired is incapable of giving consent. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent.

Life University recognizes that students may be reluctant to report sexual misconduct because they themselves or witnesses they identify may have been in violation of other provisions of the Honor Code and Standards of Conduct (e.g., alcohol or drugs). In order to encourage reports of sexual misconduct, Life University may choose not pursue a disciplinary action for an alcohol or drug violation against the Complainant, or any student(s) who may have witnessed the incident as long as the investigation and subsequent conduct process do not reveal that witnesses involved played a role, however minor, in the sexual misconduct itself.

Weapons

Violations of the Honor Code include, but are not limited to:

1. The unauthorized carrying or possession of any type of weapon, firearm, ammunition, explosive or illegal knife (any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade with the exception of kitchen knives inside University residence halls) on the premises of Life University is strictly prohibited. This prohibition expressly includes those persons licensed to carry concealed firearms. In addition, and for the safety of those in the University community, other prohibited items include, but are not limited to paintball guns, projectile launchers including Air Soft@, BB guns/pistols, facsimiles of a weapon and fireworks. The possession of non-lethal self-defense instruments (such as Mace) is not prohibited; however, the reckless or inappropriate use of such devices may be considered a violation of the Honor Code. For purposes of this policy, the premises of Life University are defined as any property, building or portion of a building or property that LIFE owns or occupies, whether on a temporary or permanent basis, and any off-site premises where LIFE is conducting any activity sponsored by the University. This includes all parking lots, parking areas, sidewalks and walkways, and all University vehicles and equipment.
2. As any object has the potential to become a weapon, Life University reserves the right to define a weapon based on its potential for damage or threat.

STUDENT DISCIPLINARY PROCEDURES

Introduction

Life University recognizes the importance of protecting the rights of students who have been charged with, but not yet found responsible for violation(s) of the Life University Standards of Conduct. Balanced against this responsibility is the right of students, faculty and employees of Life University to continue their educational, academic and professional endeavors free from the threat of harassment, abuse, retribution and/or violence.

Interim Suspension

Interim Suspension: In certain circumstances, a Life University official may impose a suspension prior. During an interim suspension, a student or student organization is denied access to Life University property, activities and/or privileges in order to prevent the disruption of or interference with the normal operations of Life University and to comply with legal requirements.

Life University may take whatever measures it deems necessary in order to protect the safety, security and/or integrity of a complainant, a respondent, Life University and/or any member(s) of its community. Such measures include, but are not limited to: involuntary removal from a course, clinic, program, activity and/or the campus pending a hearing; modifications to living arrangements in Life University properties; and/or reporting incidents to law enforcement or other non-Life University agencies. The Director of Student Conduct, in consultation with the appropriate faculty and/or other administrators, shall be empowered to impose any appropriate interim measures.

Informal Resolution:

The Director of Student Conduct may hold informal discussions, resolve all types of complaints and impose sanctions with the consent of all parties involved. This process may involve the Division Chairs, Department Heads, Deans or other Life University officials to facilitate an Informal Resolution.

1. An informal hearing is only available when the Respondent, the Complainant and the Director of Student Conduct mutually agree to resolve the charges in an informal setting, and waive their right to a formal hearing and right to appeal. The Director of Student Conduct reserves the right to conduct fact-finding to make an informed decision. When there are charges of sexual assault or violence, ,the policies and procedures in the Life University Sexual Misconduct Policy and Procedures shall apply. .
2. If a Respondent chooses to resolve a case through Informal Resolution he/she must indicate this in writing on aform provided by the Director of Student Conduct during an informational meeting.
3. The following apply to an informal hearing:
   1. The meeting(s) will not be recorded.
   2. The written decision will serve as the official record of informal hearings.
   3. The written decision will be sent to the Charged Student within two business days from the conclusion of the Informal Resolution.
   4. Once an Informal Resolution has been agreed upon, the Respondent forfeits his/her right to appeal.

Formal Resolution

The Director of Student Conduct is further empowered to initiate formal hearings as necessary for all types of complaints, except for complaints of sexual misconduct. In the case of allegations of sexual misconduct, the Life University Sexual Misconduct Policy and Procedures shall apply and supersedes the procedures and policies set forth in the Honor Code. These hearings will be held by either an Administrative Hearing Officer or the Conduct Review Board (CBR).

THE CONDUCT REVIEW BOARD

Authority | Composition | Eligibility | Hearing Procedures | Sanctions

Authority

The Administrative Hearing Officer and Conduct Review Board (CRB) have the authority to conduct hearings to determine if an accused member of the Life University student community is in violation of the Standards of Conduct, and to impose sanctions as appropriate, up to and including expulsion from Life University.

Composition

The Administrative Hearing Officer is a faculty or staff member designated by the Director of Student Conduct and must meet the CRB eligibility requirements as stated below.

The CRB shall be composed of three (3) voting members, selected by the Director of Student Conduct from a pool of qualified individuals, and one non-voting Chairperson. One (1) voting member shall be a staff member, one (1) voting member shall be a faculty member, and one (1) voting member shall be a student. The Director of Student Conduct shall designate the Chairperson, excluding him or herself.

In the event that the complainant and/or the respondent fail(s) to appear as scheduled, the Chair of the CRB may choose to conduct or reschedule the hearing.

If the CRB involves more than one Respondent, the Director of Student Conduct, in his or her discretion, may permit the CRB concerning each student to be conducted either separately or jointly.

Eligibility

In order to be eligible to serve on the CRB, individuals must meet the following requirements:

1. Students must be registered as full-time in good academic and disciplinary standing, and have completed at least one (1) quarter of full-time coursework at Life University.
2. Faculty must have been employed by Life University for a minimum of one (1) academic year and have taught at least one course within the most recent two (2) academic quarters.
3. Staff must be currently employed and must have been employedby Life University for at least one (1) complete quarter.

The Director of Student Conduct shall be responsible for recruiting, selecting and training members of the CRB. It is expected that members of the CRB shall recuse themselves from a particular hearing if there is the likelihood that their objectivity may be compromised.

Hearing Procedures

1. The Administrative Hearing Officer or Chair shall have all participants execute confidentiality agreements.
2. The Administrative Hearing Officer or Chair shall call the hearing to order and state the date and time.
3. The Administrative Hearing Officer or Chair shall ask for identification of the parties attending the hearing for the record.
4. The Administrative Hearing Officer or Chair shall state the conditions of the hearing, including:
   • The hearing shall be recorded and/or transcribed via court reporter.
   • The hearing shall be closed, with participation limited to the respondent(s), the complainant(s), and any advisor(s) and/or witness(es). Witnesses will remain outside the hearing until asked to provide information.
   • All statements, testimony and evidence shall be restricted to matters directly relevant to the case, as determined by the Administrative Hearing Officer or Chair. The Administrative Hearing Officer or Chair will not be obligated to follow the rules of evidence as applied in a court of law.
   • Any person disrupting, interfering with or failing to abide by the rulings of the Administrative Hearing Officer or Chair may be excused from the hearing.
   • Advisors, if present, shall be restricted to consulting with their advisees. Advisors may not address witnesses, the Administrative Hearing Officer or members of the CRB unless invited to do so.
   • Deliberations will not be recorded. The level of proof required to determine whether or not a respondent is responsible for the allegations shall be “by a preponderance of the evidence.”
   • The hearing and its final outcome shall be considered part of the respondent’s educational record, and as such shall be kept confidential, except as provided under federal and state law.
5. The Administrative Hearing Officer or Chair shall ask the complainant(s) and the respondent(s) at this time if there are any objections to proceeding with the hearing. He/she shall be solely responsible for deciding if such objections are reasonable and/or what measures should be taken to address them.
6. The Administrative Hearing Officer or Chair shall present the complaint and state the charge(s).
7. The Administrative Hearing Officer or Chair shall read any response submitted by the respondent(s).
8. The complainant(s) shall be given the opportunity to make an opening statement.
9. The respondent(s) shall be given the opportunity to make an opening statement.
10. The complainant(s) shall be given the opportunity to present evidence and/or call witnesses. The Administrative Hearing Officer or CRB shall have the first option of questioning the complainant(s) and/or witness(es), followed by the respondent(s).
11. The respondent(s) shall be given the opportunity to present evidence and/or call witnesses. The Administrative Hearing Officer or CRB shall have the first option of questioning the respondent(s) and/or witness(es), followed by the complainant(s).
12. The complainant(s) shall be given the opportunity to make a closing statement.
13. The respondent(s) shall be given the opportunity to make a closing statement.
14. The Administrative Hearing Officer or Chair shall conclude the hearing.
15. The Administrative Hearing Officer or CRB shall enter closed deliberations. All findings of fact and any determination(s) of violation(s) shall be decided by a majority vote, based on a preponderance of the evidence.
16. The Administrative Hearing Officer or CRB shall determine if the respondent(s) are in violation of the Standards of Conduct. In a CRB hearing, determination of responsibility is decided by a majority vote.
17. If the respondent is found to be in violation, appropriate sanctions will be assigned. The Director of Student Conduct will inform the Administrative Hearing Officer or CRB of the respondent’s prior conduct history and shall make sanction recommendations for the Administrative Hearing Officer or CRB to consider.

Sanctions

The Administrative Hearing Officer or CRB shall select at least one of the following sanctions to impose upon a respondent found in violation the Standards of Conduct:

1. Disciplinary Reprimand: the respondent receives a written statement that he/she has violated the Standards of Conduct, and that further similar violations will result in stronger sanctions.
2. Disciplinary Probation: the respondent receives a written statement that he/she has violated the Standards of Conduct, and that further similar violations may result in suspension or expulsion. The length of the probationary period is determined by the Administrative Hearing Officer or CRB.
3. Disciplinary Suspension: the respondent is informed that he/she is separated (for a minimum of one (1) academic quarter) from Life University property and participation in any Life University activities. This sanction is recorded on the respondent’s academic transcript during the period of suspension. A respondent that is suspended from the University is not eligible for tuition and or registration fee reimbursement except as provided by University Policies. The respondent will be administratively withdrawn from courses and will lose respective credit hours.
4. Disciplinary Expulsion: the respondent is informed that he/she is permanently separated from Life University property and participation in any/all Life University activities with no possibility of readmission. This sanction is permanently recorded on the respondent’s academic transcript. A respondent that is expelled from the University is not eligible for tuition and/or registration fee reimbursement except as provided by University Policies. The respondent will be administratively withdrawn from courses and will lose respective credit hours.
5. Additional Sanctions: During the resolution process other educational sanctions, restitutions and/or restrictions may be imposed, including but not limited to:

• Discretionary Sanctions: Denial of academic credit, exclusion from privileged or extracurricular activities, essays or research papers, online education courses, work and/or community service assignments.
• Clinic Suspension: Separation of the respondent from the clinic for a definite period of time, determined by the CRB.
• Exclusion from University Housing.
• Psychological Evaluation – referral for an evaluation and recommendation by a licensed psychologist or psychiatrist. The respondent must provide evidence of compliance with any recommendations made by the psychologist or psychiatrist. The respondent must provide any and all necessary releases so that the licensed professional may provide official documentation, on letterhead, verifying attendance and compliance with the recommendations made by the professional with the Director of Student Conduct.

RIGHTS & RESPONSIBILITIES OF PARTICIPANTS

Respondents

Throughout his/her involvement in the disciplinary process, a respondent has the following rights and responsibilities:

1. Fair Treatment
   • The respondent has the right to be treated with dignity and respect by all persons involved in the disciplinary process.
   • The respondent has the right to be considered not responsible for all charges until he/she admits or is determined by the Administrative Hearing Officer or Conduct Review Board (CRB) to be in violation of the Standards of Conduct. This right should not be construed to prevent Life University from taking necessary interim measures.
   • The respondent has the right to information regarding the disciplinary process and his/her role in that process. In addition, the respondent has the right to access all records contained in his/her conduct file upon request.
   • The respondent has the right to object to and/or request that any one member of the CRB recuse themselves from a hearing. This request will be reviewed and a decision made by the Director of Student Conduct. The request must be submitted to the Director of Student Conduct at least 72 hours prior to the hearing.
   • The respondent has the responsibility to notify the Director of Student Conduct, or the Vice President of Student Services, if and when he/she feels that he/she has not received fair and equitable treatment.
2. Privacy
   • The respondent has the right to privacy throughout the disciplinary process with respect to all uninvolved parties in accordance with all applicable privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA).
   • The respondent has the right to be free from intimidation and/or harassment, and the right, upon request, to have reasonable measures taken by Life University to prevent unnecessary or unwanted contact with the complainant(s).
   • The respondent has the responsibility to notify the Director of Student Conduct or the Vice President of Student Services if and when he/she feels reasonable measures need to be taken in order to protect these rights.
3. Presence of an Advisor
   • The respondent has the right to confer with an advisor of his/her choice (excluding those persons directly involved in the dispute) throughout the disciplinary process. The advisor may be present, but may not actively participate in the hearing, and may not serve as a witness. Should the advisor be an attorney, the respondent must notify the Director of Student Conduct at least 72 hours prior to any scheduled hearing. The Director of Student Conduct will make any necessary notifications.
   • Advisors, if present, shall be restricted to consulting with their advisees. Advisors may not address witnesses, the Administrative Hearing Officer or CRB unless invited to do so.
   • The respondent has the responsibility to notify the advisor of the time, date, and location of any disciplinary proceeding. Proceedings will not be rescheduled to accommodate an advisor.
4. Notice
   • The respondent has the right to timely and proper notification (via e-mail, telephone or personal contact) of any interview to be conducted with him/her as part of an inquiry. This notice shall include the following:
   1. The time, date and location of the interview;
   2. The consequences of failure to appear at the interview; and
   3. The procedures for requesting a change in the time and/or date of the interview.
   • The respondent has the right to proper written notification of any hearing conducted as a result of a complaint filed against him/her. This notice shall be provided no less than 72 hours prior to the scheduled hearing, and shall include the following:
   1. The time, date and location of the hearing;
   2. The consequences of failure to appear at the hearing;
   3. A written copy of the complaint, including the name(s) of the reporting party/parties and the charges being considered;
   4. A list of all complainants and/or anticipated witnesses to be called by the complainant and/or Life University, except when disclosure would cause undue risk to the witness(es);
   5. The name of the Administrative Hearing Officer or a list of the members of the CRB. This information is provided to the respondent with the clear understanding that he/she is not to contact the Administrative Hearing Officer or any members of the CRB prior to the hearing;
   6. The procedures for requesting a change in the time and/or date of the hearing.
5. Hear and Provide Testimony
   • The respondent has the right to hear, question and respond to all witnesses and/or information presented during a hearing. This does not include the right to directly question the complainant and/or the complainant’s witnesses, although permission to do so may be granted by the Administrative Hearing Officer or the Chair of the CRB.
   • The respondent has the right to present information and/or witnesses that he/she feels are relevant to the complaint. In the interest of time, the Administrative Hearing Officer or Chair of the CRB may limit the number of witnesses called. Only witnesses who can testify as to material facts may be called; the respondent may not call witnesses who can only testify as to his/her character or the complainant’s character.
   • The respondent has the right not to present evidence against him/herself. This includes the respondent’s right not to answer questions. Refusal to present evidence or answer questions should not be interpreted as an admission of responsibility. This right should not be construed to allow the respondent to consciously and/or deliberately present false or misleading testimony.
   • The respondent has the responsibility to attend any hearing conducted as the result of a complaint against him/ her.
   • The respondent has the responsibility to respond to any witnesses or information at the time such evidence is presented. The Administrative Hearing Officer or CRB is not required to consider any rebuttal made after a witness has been dismissed.
   • The respondent has the responsibility to inform any witnesses he/she wishes to call of the time, date, and location of the hearing, and to have on hand all evidence he/she wishes to present at the time of the hearing.
6. Written Disposition and Appeal
   • The respondent has the right to proper written notification (within two business days of the Administrative Hearing Officer or CRB’s decision) of the results of his/her disciplinary hearing. This notice shall include the following:
   1. The finding(s) of fact on each charge;
   2. The sanction(s) imposed; and
   3. The procedure for filing an appeal.
   • The respondent has the right to appeal the outcome of the hearing unless this right has been waived or forfeited as allowed for elsewhere in these procedures.
   • The respondent has the responsibility to comply with all sanctions imposed as the result of a disciplinary hearing.
   1. Once an appeal is requested, the sanctions will be stayed and will not take effect until the appeal process has been completed. If no appeal is requested, the sanctions will take effect immediately.
   2. In a case in which interim sanctions have been imposed, they will continue in force until all appeals have been exhausted.

Complainants

Throughout his/her involvement in the disciplinary process, a complainant has the following rights and responsibilities:

Fair Treatment

• The complainant has the right to be treated with dignity and respect by all persons involved in the disciplinary process.
• The complainant has the right to information regarding the disciplinary process and his/her role within that process.
• The complainant has the right to object to and/or request that any one member of the CRB recuse themselves.
• The complainant has the responsibility to notify the Director of Student Conduct or the Vice President of Student Services if and when he/she feels that he/she has not received fair and equitable treatment.

Privacy

• The complainant has the right to privacy throughout the disciplinary process with respect to all uninvolved parties in accordance with all applicable privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA).
• The complainant has the right to be free from intimidation and/or harassment, and the right, upon request, to have reasonable measures taken by Life University to prevent unnecessary or unwanted contact with the respondent(s).
• The complainant has the responsibility to notify the Director of Student Conduct, or the Executive Director of Student Services, if and when he/she feels reasonable measures need to be taken in order to protect these rights.

Presence of an Advisor

• The complainant has the right to confer with an advisor of his/her choice (excluding those persons directly involved in the dispute) throughout the disciplinary process. The advisor may be present, but may not actively participate in the Administrative or CRB hearing, and may not serve as a witness. Should the advisor be an attorney, the complainant must notify the Director of Student Conduct at least 72 hours prior to any scheduled hearing. The Director of Student Conduct will make any necessary notifications.
• The complainant has the responsibility to notify the advisor of the time, date and location of any disciplinary proceeding.
• Proceedings will not be rescheduled to accommodate an advisor.

Notice

• * The complainant has the right to proper notification (via e-mail, telephone or personal contact) of any interview to be conducted with him/her as part of an inquiry. This notice shall include the following:

1. The time, date and location of the interview;
2. The consequences of failure to appear at the interview; and
3. The procedures for requesting a change in the time and/or date of the interview.

• The complainant has the right to proper written notification of any hearing conducted as a result of a complaint filed by him/her. This notice shall be provided no less than 72 hours prior to the scheduled hearing, and include the following:

1. The time, date and location of the hearing;
2. The consequences of failure to appear at the hearing;
3. A copy of any written response made by the respondent;
4. A list of all respondents and/or anticipated witnesses to be called by the respondent(s) and/or Life University; except when disclosure would cause undue risk to the witness(es);
5. The name of the Administrative Hearing Officer or a list of the members of the CRB;
6. The procedures for requesting a change in the time or date of the hearing.

• The complainant has the responsibility to ensure that Life University has been provided with accurate address and other contact information so that notification is not unduly delayed.

Hear and Provide Testimony

• The complainant has the right to hear, question and respond to all witnesses and/or information presented during a hearing. This does not include the right to directly question the respondent and/or the respondent’s witnesses, although permission to do so may be granted by the Chair of the CRB.
• The complainant has the right to present information and/or witnesses that he/she feels are relevant to the complaint. In the interest of time, the Administrative Hearing Officer or Chair of the CRB may limit the number of witnesses called. Only witnesses who can testify as to material facts may be called; the complainant may not call witnesses who can only testify as to his/her character or the respondent’s character.
• The complainant has the responsibility not to consciously and/or deliberately present false or misleading testimony.
• The complainant has the right to provide a written impact statement to the Administrative Hearing Officer or CRB, to be considered during the sanctioning process should a finding of “responsible” occur.
• The complainant has the responsibility to attend any hearing conducted as the result of a complaint filed by him/her.
• The complainant has the responsibility to respond to any witnesses or information at the time such evidence is presented. The Administrative Hearing Officer or CRB is not required to consider any rebuttal made after a witness has been dismissed.
• The complainant has the responsibility to inform any witnesses he/she wishes to call of the time, date, and location of the hearing, and to have on hand all evidence he/she wishes to present at the time of the hearing.

Written Disposition and Appeal

• In cases of sexual and/or violent behavior by the respondent, the complainant has the right to proper written notification (within two business days of the Hearing or CRB decision) of the outcome of any disciplinary hearing convened as a result of a complaint filed by him/her. This notice shall include the following:

1. The finding(s) of fact on each charge;
2. The sanctions assigned, if applicable’
3. The procedure for filing an appeal in such cases.

• The complainant has the responsibility to maintain the confidentiality of the respondent’s disciplinary records. Failure to do so may be considered a violation of Life University’s Standards of Conduct and/or federal law.

Parental Notification

Life University considers disciplinary records to be part of a student’s educational record, and as such Life University complies with all applicable privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA). Furthermore, Life University’s primary relationship is with its students, and not with their parents or guardians.

However, Life University recognizes that parents and/or guardians maintain an interest in their dependant students’ academic status. Therefore, Life University may, at the sole discretion of the Director of Student Conduct, notify the parents or guardians of any dependant student under the age of 18 (21 in cases of alcohol and/or drug violations) who is found responsible for a violation of the Standards of Conduct.

Appeals

All respondents have the right to appeal any decision made by the Administrative Hearing Officer or CRB. Complainants in cases involving sexual misconduct or acts of violence have the right to appeal any decision made by the Administrative Hearing Officer or CRB. Neither respondent nor complainant can appeal an Informal Resolution.

An appeal must be submitted in writing and must be received by the Director of Student Conduct within five (5) business days of the date of notification of the CRB’s decision. An extension to this deadline may be granted at the sole discretion of the Director of Student Conduct. The Director of Student Conduct shall then refer the appeal to the appellate officer.

A decision on an appeal may not be rendered until the filing deadline has passed. Appellate decisions should be rendered, and proper written notification provided to the Director of Student Conduct no later than five (5) business days after the filing deadline. The Director of Student Conduct shall notify all respondents and other parties as appropriate of the results of the appeal.

1. Appellate Officer. The appellate officer shall be the Executive Vice President or his/her designate.
2. Appeal Criteria. Appeals shall be considered only in the following circumstances:
   • The existence of procedural errors so substantial that the respondent was denied a fair hearing;
   • A finding of fact by the Administrative Hearing Officer or CRB clearly not supported by the evidence;
   • The imposition of a sanction that is disproportionate, arbitrary and/or capricious.
3. Available Actions. The appellate officer is limited to taking one of the following actions for each respondent:
   • Affirm the finding(s) of fact and sanctions imposed by the Administrative Hearing Officer or CRB.
   • Affirm the finding(s) of fact but modify the sanction(s) imposed.
   • Remand the complaint for a new hearing before a new hearing.

Under no circumstances shall the appellate officer supplant the function of the Administrative Hearing Officer or CRB; the appellate process exists solely to review the procedures used in disciplinary proceedings, and not to re-hear a complaint in its entirety.

The decision of the appellate officer is final.

Records

Documentation of all Student Conduct matters, including individual student cases and student organization cases, will be maintained by the Director of Student Conduct.

The release of Student Conduct records will be governed by applicable federal and state laws regarding the privacy of education records. The Director of Student Conduct may place a hold on the account of any student who has a pending Student Conduct matter, including any outstanding sanctions.

Other than disciplinary expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions upon application to the Director of Student Conduct. Cases involving the imposition of sanctions other than disciplinary suspension or expulsion shall be automatically expunged from the student’s confidential record seven years after final disposition of the case.

All the necessary forms regarding the Honor Code may be found online at www. LIFE.edu/Integrity/ or obtained in the Office of Student Services.