On June 15, 2010, certain changes to the Student Conduct Code (SCC) went into effect. Some of these policy updates will impact students more than others, and so we thought it would be best to provide some cursory information on the most significant modifications.
The expansion of the SCC’s jurisdiction is probably the most well known change. In addition to the previous rule stating that the University could take disciplinary action when “a student’s behavior threatens or endangers the safety and well-being of the campus community,” the Student Conduct office may now also address complaints when “in the judgment of university officials, a student’s alleged misconduct has a negative effect on the University’s pursuit of its mission or on the well being of the greater community.” Obviously, these are very broad standards. In a forum sponsored by SAC last semester, University officials assured students that disciplinary action would only be taken against the most egregious repeat offenders. Still though, it may be prudent for off-campus students to recognize that their actions may be more highly scrutinized under the new rule.
The prohibited conduct section of the SCC has also been updated for specificity. For instance, “conduct of sexual nature … without consent” has become three different offenses: sexual assault, sexual harassment and rape. The rule forbidding the “unauthorized possession, use, manufacture, distribution and/or sale of any controlled substance or illegal drug and illegal drug paraphernalia” has been divided into two. Now possession and use are one charge and manufacture, distribution and sale are another. This may benefit students, as future employers will see a more specific charge and won’t jump to conclusions upon viewing a student’s disciplinary record.
Some of the changes to the SCC have tremendous benefits for students. Previously, students could only appeal a suspension, dismissal or removal from housing through a formal hearing. The new SCC allows for an appeal of these sanctions even if a student chooses to have a disciplinary conference. Many students find conferences less intimidating than hearings so extending appeals to cover conferences will allow students to choose the setting that suits their needs without giving up the opportunity to appeal the decision. Another positive change is a revision of the disciplinary records retention policy, in large part due research and proposals by SAC. Instead of allowing potential employers and other third parties to access disciplinary records up to five years after an incident, records that do not chronicle a suspension, dismissal or removal from housing are no longer disclosed after graduation.
The University’s sexual assault procedure has gotten a major update as well. Students now have up to a year to report incidents of rape, sexual assault or stalking. Also, the Sexual Assault Policies and Procedures for Students section of the Student Handbook has been vastly improved. This update is the product of a year long study by a myriad of on-campus groups including Women’s Initiative, the GLBTA Resource Center and members of SAC. Among the many additions to the section is a comprehensive definition of consent, accompanied by a list of things to think about when considering whether or not consent has been given. This list includes reminders that consent must be given at each stage of sexual activity, that silence cannot be construed as consent and that consent cannot be given under the influence of alcohol or other drugs. Moreover, the handbook contains a collection of resources for sexual assault survivors and an outline of the rights a victim has and the ways the university will provide support.
The Student Conduct Code can be confusing and is often frustrating. But it is important to remember that staying informed of ones rights is the key to exercising them. If you ever have any questions about the Student Conduct process, do not hesitate to contact the Student Advocacy Center by phone at 202-885-6413, by e-mail at SAC@ausg.org or by stopping by our office in MGC 264. We offer confidential advice and no judgment. It’s college. Stuff happens. We get it.
Matt Kabak is the assistant director of the Student Advocacy Center.
