Student Code of Conduct
I. STUDENT CODES
Maryville University (the “University”) offers a comprehensive and innovative education focused on student learning, outcomes, and success. The University’s goals and guiding principles are outlined in the Mission Statement, Core Values, and Strategic Plan. Additionally, the Maryville faculty have defined Academic Expectations in the Maryville University Academic Catalog along with the desirable Characteristics of a Maryville Graduate. Together, these statements form the foundation for the behavioral standards expected of all Maryville students. The University recognizes the student as an adult pursuing an education. In general, the behavioral norms expected of a Maryville student are those of common decency and decorum; recognition of and non-infringement upon the rights and property of others and of the University; honesty in academic work and all other activities; and observance of University policies along with local, state, and federal laws. Student conduct is not considered in isolation within the University community, but rather as an integral part of the education process.
The Student Code of Conduct (Student Codes) consists of the expectations outlined in this document along with all supplemental policies, regulations, guidelines, and procedures applicable to Maryville University students as detailed in the Policy Library and other institutional documents and websites. The University creates and modifies policies on a regular basis. The official/most recent versions of the University’s policies are contained in the Policy Library. Students are responsible for knowing and behaving consistently with all Student Codes, including any modifications. Students, student organizations, and their respective guests are prohibited from violating University policies as outlined in the Student Codes. Ignorance of a published policy is not an admissible defense for violating a policy.
Questions about Student Codes should be referred to the appropriate office(s) as listed in the applicable policy. If a student is unable to determine the appropriate office, they can contact the Dean of Students Office.
Words used in Student Codes will have meanings defined therein and if not defined therein will be construed according to their plain and ordinary meaning.
• Educational/University Activities – Any act or event sponsored or organized by the University, including its constituent administrative and academic units and recognized student organizations. Without limitation, educational or University-sponsored activities shall include all intercollegiate and intramural athletic events, faculty, staff and student meetings, classes, presentations, lectures, conferences, field trips, retreats, and all other acts or events for which Maryville University (including student organizations) pay expenses, or provide facilities, services, supplies or transportation.
• Guest – Any person who is invited to or accompanied on campus or to an educational/University activity by a student or other member of the University community.
• Member of the University Community – Includes any person who is a student, faculty member, staff member, University official or any other person employed by or affiliated with the University, including vendors and contractors.
• Reasonable Care – That degree of care which would be exercised by the ordinarily prudent person under like or similar circumstances.
• Sanction – Disciplinary action(s) imposed when a student or student organization is found in violation of Student Codes.
• Student – Any and all persons enrolled at or taking courses through the University in any capacity. Any course registration, whether in a non-degree or degree-granting program of undergraduate, graduate, or professional studies, characterizes the registrant as a “student” from the point of registration to the completion of the course of study. Persons who are not officially enrolled for a particular term but who have clearly manifested intent to attend, remain in attendance, or to return to Maryville University as students are considered “students.” Examples include, but are not limited to, students who are enrolled but not taking classes due to an academic break, medical leave, suspension, or other personal leave; persons who demonstrate an intent to enroll by registering for courses; and students participating in study abroad programs.
• Student Codes – Collectively, the Student Code of Conduct and all supplemental policies, regulations, guidelines, and procedures applicable to Maryville University students as detailed in the Policy Library and other institutional documents and websites.
• Student Organization – Refers to an organization with any number of persons who have complied with the formal requirements for University recognition as a student organization at Maryville University, including organizations who are inactive or whose recognition has been suspended.
• Student Organization Officer – Refers to any student who is recorded as a current officer on the recognition paperwork submitted to the Student Involvement Office.
• Unauthorized – An act or behavior not permitted by policy or by the express action of a University Official with the authority to grant such permission
• University – Refers to Maryville University and all of its affiliated schools, divisions, departments, and related entities, campuses, and controlled properties.
• University Official – Any individual employed by Maryville University performing assigned duties or professional responsibilities.
• Witness – An individual who can give a firsthand account of something seen, heard or experienced.
III. GENERAL PROVISIONS AND JURISDICTION OF STUDENT CODES
A. APPLICABILITY: Student Codes apply to all Maryville students, student organizations, and guests as defined in this document. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, including conduct that occurs before classes begin at the start of the academic year or after classes conclude at the end of the academic year, as well as at any time during the academic year and during periods between terms of actual enrollment. The Student Codes shall apply to a student’s conduct even if the student withdraws from school while a conduct matter is pending.
- Attempted Violations: Attempts to violate the Student Codes, including unsuccessful attempts, are prohibited and are subject to the same response as are actual violations.
- Aiding and Abetting: Students who are believed to have assisted in violating any provision of the Student Codes may be charged with a violation to the same extent as those persons committing a violation.
- Guests: Students are responsible for ensuring that all guests know and behave consistently with the Student Codes while on University premises. In matters where a student’s guest violates Student Codes, the University will hold the student host responsible for the guest’s behavior and may, in appropriate circumstances, impose sanctions as if the student had committed the violation. The Residential Life Living Guide provides additional guidelines for guests within University housing. Guests who violate Student Codes may be restricted from University housing and/or other University premises.
- Student Organizations: The Office of Student Involvement is responsible for supporting and managing student clubs and organizations at Maryville University. The Student Organization Handbook outlines the expectations and guidelines for all recognized student groups at Maryville. This document provides information about creating new student groups, accessing University resources, and disciplinary measures for violating student organization policies and procedures.
- Maryville University Athletics: Maryville University participates in both NCAA Division II athletic programs and club sports. The Athletic Department establishes and enforces behavioral expectations for all student athletes as a condition of eligibility. Additionally, the coaching staff for each sport may establish and enforce supplemental behavioral expectations for their team(s). Failure to abide by behavioral expectations can result in loss of eligibility and/or referral for disciplinary action under the Student Codes. Additional information can be accessed on the Maryville University Athletics Compliance page or by contacting the Director of Athletics and Recreation.
B. LOCATIONS: Student Codes shall apply to conduct that occurs on University premises, at University sponsored activities, in online social spaces affiliated with the University, and to off-campus conduct, including online social spaces, that adversely affects the University Community and/or pursuit of its objectives.
- University Premises: Student Codes apply to all lands, buildings, facilities, and other property in the possession of, owned, used, or controlled by the University, including all adjacent streets, sidewalks, and parking lots, as well as to any location where a student is engaged in a University activity. Examples of such coverage include, but are not limited to, University teams traveling to events off campus, student organizations engaging in an event or activity off campus, off-campus internships, locations where students are engaged in University-sponsored community service projects, participating in one of the University’s study abroad programs, etc.
- University Housing: Students are responsible for the activities which occur in their residential space, either an individual room or shared living space. All assigned occupants of a room or apartment may be subject to the same response as the actual violators, which includes sanctions received if found responsible for the charges. Additional expectations are outlined in the Housing Contract Terms and Conditions and the Residential Life Living Guide.
- Off-Campus Behavior: Off-campus behavior that is detrimental to the University or its students, faculty, or staff in their roles as members of the University community is governed by the Student Codes. Maryville reserves the right to take actions that address the violations through educational intervention or sanctions. The Dean of Students shall decide whether the Student Codes shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.
- Online Behavior: Students are responsible for behavior consistent with the lawful purposes of the University, both on and off campus, which includes use and behaviors while using social media, especially but not limited to Maryville affiliated pages, blogs, forums, etc. All students who interact and engage through social media are expected to comply with the Social Media Policy. Inappropriate content that is in violation of Student Codes will be referred to Student Life for conduct action. Students are responsible for knowing the policies of the individual University department(s) and academic programs in which they hold membership. Individuals and/or student organizations may be held responsible, and will be asked to remove the content or shut down their social media account(s).
C. CRIMINAL CONDUCT/CIVIL OFFENSES: see Criminal Conduct/Civil Offenses Policy.
IV. PROHIBITED CONDUCT
Any student or student organizations found to have committed one or more of the following acts of prohibited conduct will be subject to sanction(s).
A. OFFENSES AGAINST PERSONS
1. Abuse: Physical – Threatening or causing physical harm and/or abuse to self and/or others.
- Simple Assault: Intentionally or recklessly causing physical injury to a person.
- Aggravated Assault: Intentionally causing a serious physical injury to a person (e.g., loss of consciousness, broken bones, loss of teeth), or intentionally using a dangerous weapon with the intent to cause a serious physical injury to another person, whether or not an injury results.
- Restraint: Physical restraint against a person’s will, and holding or transporting an individual against their will.
- Sexual Violence: See section A.7 below (Relationship Violence and Sexual Misconduct) and the Sexual Harassment Policy.
2. Abuse: Non-physical – Threatening or causing non-physical abuse of or abusive behavior toward any person, including, but not limited to, verbal or written statements which constitute a form of expression unprotected by law. This section is intended to include any contact or communication that threatens, harasses, or intends to or could reasonably be foreseen to cause extreme embarrassment or humiliation, social shaming, or intimidation.
- Coercion: Compelling or inducing another person to act in a certain manner through physical or psychological threats. Examples include but are not limited to:
- Threatening to cause physical injury to a person or damage to property; or
- Threatening to file a complaint leading to a conduct charge against a person without a proper basis; or
- Threatening to expose a secret or publish information that may subject the person to hatred, ridicule, contempt, or embarrassment.
- Defamation: Knowingly communicating false information about a member of the University community to a third party, including verbally and through electronic means (online), which exposes the member of the University community to possible hatred, contempt, ridicule, loss of good will, or loss of reputation as a result of this information.
- Harassment: Physically or emotionally threatening or taunting another person, or bullying another person, whether these actions are taken in-person, electronically, or by any other means.
- Bullying defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment). Behaviors may occur in person, in print, via electronic means or through social networking (cyber-bullying). Examples include, but are not limited to: ongoing pranks or ridicule directed against an individual, graffiti, posting insults against a student in a public setting or on any website.
- Cyber-Bullying is defined as intimidation or harassment that causes a reasonable student to fear or her person, safety and property. Cyber-bullying includes but is not limited to the use of computers, websites, internet, cell phones, text messaging, chat rooms, and instant messages to ridicule, harass, intimidate, humiliate or otherwise bully a student.
- Protected Status: Harassment on the basis of protected status (see the Notice of Nondiscrimination and Equal Opportunity for a definition of “protected status”) is strictly prohibited. See the Policy Against Harassment, Discrimination, and Retaliation.
- Stalking: Willfully, maliciously, and repeatedly following, contacting, or harassing another person in a manner which would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested. For stalking connected to relationship violence see section A.7 below (Relationship Violence and Sexual Misconduct) and the Sexual Harassment Policy.
3. Discrimination on the basis of protected status (see the Notice of Nondiscrimination and Equal Opportunity for a definition of “protected status”) is strictly prohibited. See the Policy Against Harassment, Discrimination, and Retaliation.
4. Hazing defined as an act which endangers the mental or physical health or safety of a student, or destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition of membership in a group or organization that could cause discomfort, pain, fright, disgrace, and/or injury which is personally degrading. The express or implied consent of the victim will not be a defense. No member of the Maryville community shall participate in the hazing of any person, knowingly permit the hazing of any person, or fail to report hazing.
5. Infringement of Rights: Violating or disregarding the rights of another member or guest of the University community. Examples of infringement of rights include but are not limited to:
- Infringing with the freedom of movement, freedom of speech, the right to personal privacy, or the ability to otherwise function within the University community; or
- Making unauthorized audio, video and/or photographic images of a person(s) without permission and/or in a location in which there is a reasonable expectation of privacy; or
- Causing unreasonable noise that disturbs or interferes with other community member(s) or violates the quiet/courtesy hours policy outlined in the Residential Life Living Guide; or
- Using obscene and/or profane language or gestures or speaking in a way that is inconsistent with the Student Codes.
6. Instigation or provocation: Any behavior that provokes, incites, and/or escalates a situation/incident.
7. Relationship Violence and Sexual Misconduct: Sexual misconduct, including sexual harassment, sexual assault, domestic violence, dating violence, and stalking that occurs off-campus, in a private setting, or outside the scope of the University’s Education Programs and Activities.
- Sexual harassment that occurs within the University’s Education Programs or Activities and that is committed by a member of the University community, is governed by the University’s Sexual Harassment Policy pursuant to the Department of Education’s regulations implementing Title IX of the Education Amendments of 1972.
- The University retains discretion to consolidate a complaint under another policy or standard with an investigation and/or adjudication under the Sexual Harassment Policy if the two share a common nexus. Conduct that is initially raised through a Formal Complaint under the Sexual Harassment Policy may also be addressed under this Policy, in the University’s discretion, when: (i) the conduct at issue, or some part of it, may constitute a violation of this Policy irrespective of whether it constitutes Sexual Harassment under the Sexual Harassment Policy; (ii) the Formal Complaint, or some part of it, has been dismissed under the Sexual Harassment Policy; or (iii) a final determination of a Formal Complaint has been made under the Sexual Harassment Policy and separate or additional action may be necessary to enforce this Policy.
B. PROPERTY OFFENSES
1. Damage or Vandalism: Destroying or vandalizing property, or intent to destroy or vandalize property, of the University or a member of the University community.
- Tampering with, misusing, or damaging fire or safety equipment (e.g. alarms, fire extinguishers, sprinkler system, emergency light, smoke detectors, etc.).
- Setting of fire to Maryville property or the property of a member(s) of the University community.
- Littering on University premises.
2. Identification: Possessing, providing, distributing, selling and/or manufacturing any form of false University, or federal or state issued identification. Failure to abide by any regulations applicable to the Saints ID, including but not limited to:
- Failure to carry the Saints ID at all times while one campus.
- Failure to present the Saints ID to University officials upon request.
- Allowing another person to use a Saints ID not assigned to them.
3. Theft or Unauthorized Possession: Attempted or actual theft of property or services of the University or a member of the University community.
- Unauthorized or inappropriate use, duplication, or possession of keys/proxy cards and/or access codes.
- Inappropriate use of University premises, equipment or property.
- Embezzling, defrauding, and/or using false pretenses to procure money, property, or services.
- Knowingly purchasing or possessing stolen and/or embezzled property, money, or services.
4. Trespass or Unauthorized Access: Trespassing upon, forcibly entering, or otherwise proceeding into unauthorized areas of University owned or leased buildings or facilities, their roofs, or the residential space of another without permission.
- Improperly entering or exiting University premises, including through windows, locked gates, fences, etc.
- Propping doors of or within University facilities that are not intended to remain open.
- Unauthorized access to or use of University records.
- Violation of a campus or building restriction.
C. OFFENSES DISRUPTING ORDER OR DISREGARDING HEALTH AND SAFETY
1. Alcohol: see Alcohol and Controlled Substance Policy.
2. Animals: see policy on Animals/Pets in University Facilities and On Campus.
3. Disorderly or Disruptive Conduct: Engaging in behaviors that unreasonably disrupt the campus community or negatively impact the campus learning environment.
- Unreasonable disruption or obstruction of teaching, research, administration, or other Maryville activities, whether on or off campus, and other authorized non-Maryville activities which occur on University premises.
- Engaging in violent, abusive, indecent, profane, or otherwise disorderly conduct, in which the conduct tends to cause or provoke a disturbance or unreasonably disrupts the normal operations of the University.
- Any action that is disorderly, lewd, indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace, Including indecent exposure or being discovered in a grossly intoxicated condition.
- Intentionally obstructing the flow of pedestrian or vehicular traffic on Maryville premises or at Maryville sponsored or supervised functions.
- Participation in an on campus or off campus demonstration or activity that unreasonably disrupts the normal operations of the University and/or infringes on the rights of other members of the Maryville community; leading or inciting others to unreasonably disrupt scheduled and/or normal activities within any campus building or area or at any Maryville sponsored or supervised function. (See Freedom of Expression Policy.)
4. Drugs: see Alcohol and Controlled Substance Policy.
5. Fire and Emergency Safety: Acting in a manner that endangers, or may potentially endanger, the life or safety of others. Examples of fire and emergency safety violations include but are not limited to:
- Improper Evacuation: Failing to immediately evacuate any facility when a fire alarm has been sounded or hindering or impairing the orderly evacuation of any University facility without good cause.
- Noncompliance with Safety Personnel: Disobeying a directive given by any University or fire safety official in connection to a fire, alarm, or other emergency/safety matter.
- Jeopardizing Equipment: Tampering with, misusing, or damaging fire or safety equipment (e.g. alarms, fire extinguishers, sprinkler system, emergency light, smoke detectors, etc.).
- Unintentional Fire: Causing a fire through the use of prohibited items as outlined in the Residential Life Living Guide.
- Malicious Fire: Intentionally setting an unauthorized fire.
- False Report: Falsely reporting a fire or other emergency situation, including but not limited to, activating a fire alarm and/or sprinkler system when there is no reasonably perceived emergency.
6. Gambling: Illegal gambling or wagering.
7. Immunizations/Vaccinations: see Immunization Policy.
8. Reckless Endangerment: Engaging in conduct that creates a substantial risk of serious physical injury to another person or to oneself. Examples of reckless endangerment include but are not limited to:
- Causing any object to be ejected from doors, windows, ledges, roofs, or balconies of University-owned or leased buildings.
- Operating a motorized vehicle in violation of traffic rules or so as to endanger people or property and/or having a motorized vehicle on campus, except as permitted by University policies and procedures. Also see Parking Policies and Procedures.
- Operating any pedestrian conveyance (i.e., bicycle, skateboard, rollerblades, etc.) inside buildings, on pedestrian walkways, or any other pedestrian-utilized area on campus. The use, possession, or storage of Hoverboards and similar self-powered devices (i.e., Swagways, 10 Hawks, Skywalkers, etc.) are prohibited on the Maryville University campus.
- Elimination of bodily fluids or waste, including but not limited to, urine, feces, vomit, or blood in receptacles not designed for receipt of such substance.
- Acting against medical advice or disregarding community health and safety guidelines.
- Any other conduct that jeopardizes the health or physical/emotional safety of an individual.
9. Smoking: see Smoke-Free Policy.
10. Weapons, Ammunition, or Explosives: Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on Maryville University premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others. Includes misuse of legal objects in a dangerous manner. (See Prohibition of Possession of Firearms and Carrying of Concealed Weapons Policy.)
D. OFFENSES AGAINST THE MARYVILLE COMMUNITY
1. Academic Dishonesty
- Cheating – using or attempting to use crib sheets, electronic sources, stolen exams, or unauthorized study aids in an academic assignment, or copying or colluding with a fellow student in an effort to improve one’s grade.
- Fabrication – falsifying, inventing, or intentionally misstating any data, information, or citation in an academic assignment, field experience, academic credentials, or job application.
- Plagiarism – using the works (i.e. words, images, other materials) of another person as one’s own words without proper citation in any academic assignment. This includes submission (in whole or in part) of any work purchased or downloaded from a Web site or an Internet paper clearinghouse.
- Facilitating Academic Dishonesty – assisting or attempting to assist any person to commit any act of academic misconduct, such as allowing someone to copy a paper or test answers.
2. Dishonesty and Falsification
- Furnishing false information to any University official, faculty member, or official.
- Forgery, alteration, or misuse of any Maryville document, record, or instrument of identification.
- Impersonating any University official.
- Tampering with the election of any recognized University student organization.
- Misappropriation of student activity and/or University funds.
- Falsification of work hours on a payroll timesheet.
- Providing false information on the admissions application and/or housing application.
- Violating a student’s right to privacy as outlined in the University’s FERPA policy.
3. Failure to Comply: Failing to comply with a directive or request issued by University officials or departments. Failing to comply with a University or departmental policy. Failing to comply with law enforcement officers acting in the performance and scope of their duties and/or to provide proof of identity to these persons when requested.
4. Violation of Information Technology Policies: Access to and use of computing and networking resources at Maryville University are privileges extended to members of the University community. Access to Maryville computing and networking resources is limited to authorized users and is for approved purposes only. Students are responsible for adhering to all acceptable use guidelines outlined in the Information System & Technology Policies.
5. Solicitation: The sale of products or the seeking or solicitation of funds, signatures, merchandise, services or supplies on campus without the written authorization from the Dean of Students or their designee.
6. Violation of Student Clubs and Organizations Policies: The Office of Student Involvement is responsible for supporting and managing student clubs and organizations at Maryville University. The Student Organization Handbook outlines the expectations and guidelines for all recognized student groups at Maryville. This document provides information about creating new student groups, accessing University resources, and disciplinary measures for violating student organization policies and procedures. It is a violation of the Student Codes to participate as a member of a group that has been denied official recognition by the University, suspended by the University, or that has never sought recognition from the University.
7. Unmanned Aircraft: see Unmanned Aircraft System (Drone) Policy
E. INTERFERING WITH A CONDUCT PROCESS, GRIEVANCE PROCESS, OR INVESTIGATION
Interfering with a conduct process, grievance process, or investigation includes, but is not limited to:
1. Failure to comply with a directive from a conduct officer or other Maryville University official to appear for a meeting or hearing as part of a conduct or grievance process without good cause.
2. Falsifying, distorting or intentionally misrepresenting information before an investigator, conduct officer, or hearing board, or knowingly initiating a false complaint.
3. Unreasonable disruption or interference with the orderly conduct of an incident review meeting, investigation, conduct hearing, or any other part of the conduct or grievance process.
4. Attempting to discourage and/or harass an individual who is attempting proper participation in, or use of, a student conduct or grievance process.
5. Attempting to improperly influence an investigator, conduct officer or member of a hearing board, complainant, respondent, or witness regarding a student conduct or grievance proceeding (includes but is not limited to harassment or intimidation) prior to and/or following the proceeding.
6. Influencing or attempting to influence another person to commit an abuse of a student conduct process or a grievance process.
7. Failure to comply with sanction(s) imposed under the Student Codes.
Policy Revised August 2020