Student Handbook
Student Code of Conduct and Disciplinary Policy

DeVry expects and assumes mature behavior of its students and strives to create and maintain an environment of social, moral and intellectual excellence. In order to maintain the highest possible education standards, the school reserves the right to initiate formal disciplinary action and to impose, if necessary, disciplinary sanctions upon any student whose work or conduct is deemed unsatisfactory.

ARTICLE I: DEFINITIONS

1. The term "University" means DeVry University.

2. The term "student" includes all persons taking courses at the University, both full-time and part-time, pursuing undergraduate or professional studies. Persons who are not officially enrolled for a particular term or who have a continuing relationship with the University are considered "students", with the exception of University Officials.

3. The term "faculty member" means any person hired by the University to conduct classroom activities.

4. The term "University Official" means any person employed by the University, with the exception of student employees.

5. The term "member of the University community" includes any person who is a student, faculty member, University official or any other person employed by the University. A person's status in a particular situation shall be determined by the Dean of Career and Student Services.

6. The term "University premises" includes all land, buildings, facilities and other property in the possession of or owned, used, or controlled by the University (including parking lots, housing, adjacent streets and sidewalks).

7. The term "judicial body" means any person or persons authorized by Dean of Career and Student Services to determine whether a student has violated the Student Code of Conduct and to recommend imposition of sanctions.

8. The term "Judicial Advisor" means a University official authorized on a case-by-case basis by the Dean of Career and Student Services to impose sanctions upon students found to have violated the Student Code. The Dean of Career and Student Services may authorize a judicial advisor to serve simultaneously as a judicial advisor and as the sole member or one of the members of a judicial body. Nothing shall prevent the Dean of Career and Student Services from authorizing the same judicial advisor to impose sanctions in all cases.

9. The term "shall" is used in the imperative sense.

10. The term "may" is used in the permissive sense.

11. The " Dean of Career and Student Services " is that person designated by the University President to be responsible for the administration of the Student Code.

12. The term "policy" is defined as the written regulations of the University as found in, but not limited to, the Student Handbook, Housing Handbook and Undergraduate Catalog.

13. The term "organization" means any number of persons who have complied with the formal requirements for University recognition/registration.

1. The Judicial Advisor shall determine the composition of judicial bodies and determine which judicial body shall be authorized to hear each case. The judicial body shall contain, at minimum one student, one faculty member and one staff member.

2. The Judicial Advisor shall develop policies and procedures for the administration of the judicial program and for the conduct of hearings which are not inconsistent with provisions of the Student Code.

3. Decisions made by a judicial body and/or Judicial Advisor shall be final, pending the normal appeal process.

ARTICLE III: PRESCRIBED CONDUCT

A. Jurisdiction of the University

Generally, the University jurisdiction and discipline shall be limited to conduct which occurs on University premises. The University jurisdiction and discipline may extend to off-campus activities when they adversely affect the University Community and/or the pursuit of its objectives.

B. Conduct - Rules and Regulations

Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in ARTICLE IV. (This list is not all-inclusive but does include categories of misconduct as defined by the University.)

1. Acts of dishonesty, including but not limited to the following:

   a. Furnishing false information to any University official, faculty member or office.

   b. Forgery, alteration, or misuse of any University document, record, or instrument of identification.

   c. Computer piracy, including duplicating computer software, copyright infringement and unauthorized computer entry.

2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings and other University activities, including its public-service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises.

3. Physical abuse, verbal abuse, threats, intimidation, harassment, including but not limited to sexual harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person, either on University premises or at any University sponsored activity.

4. Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property.

5. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.

6. Violation of housing conduct guidelines or student lease provisions applicable to University referred housing.

7. Gambling on University premises or at University functions.

8. Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

9. Unauthorized possession, duplication or use of keys to any University premises, or unauthorized entry to or use of University premises.

10. Violation of published University policies, rules or regulations.

11. Violation of federal, state or local law on University premises or at University sponsored or supervised activities.

12. Use, possession or distribution of narcotic or other controlled substances except as expressly permitted by law.

13. Use, possession or distribution of alcoholic beverages except as expressly permitted by the law and University regulations, or public intoxication, on University premises.

14. Illegal or unauthorized possession of firearms, explosives, other weapons or dangerous chemicals on University premises or at any University sponsored activity.

15. Participation in a campus demonstration which disrupts the normal operations of the University and infringes on the rights of other members of the University community; leading or inciting others to disrupt the scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement and/or the free flow of pedestrian or vehicular traffic on University premises or at a University sponsored or supervised activity.

16. Conduct which is disorderly, lewd or indecent, breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by the University.

17. Aiding, abetting or inducing another to commit a violation of the Student Code.

18. Theft or other abuse of computer time, including but not limited to:

    a. Unauthorized entry into a file, to use, read or change the contents, or for any other purpose.

    b. Unauthorized transfer of a file.

    c. Unauthorized use of another individual's identification and password.

    d. Use of computing facilities to interfere with the work of another student, faculty member of University official.

    e. Use of computing facilities to send obscene or abusive messages.

    f. Use of computing facilities to interfere with cooperation of the University computing system.

    g. The introduction, reproduction and/or promulgation of any computer virus.

19. Abuse of the Judicial System, including but not limited to:

    a. Failure to obey the summons of a judicial body or University Official.

    b. Falsification, distortion, or misrepresentation of information before a judicial body.

    c. Disruption or interference with the orderly conduct of a judicial proceeding.

    d. Institution of a judicial proceeding knowingly without cause.

    e. Attempting to discourage an individual's proper participation in, or use of, the judicial system.

    f. Attempting to influence the impartiality of a member of a judicial body prior to and/or during the course of the judicial proceedings.

    g. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during and/or after a judicial proceeding.

    h. Failure to comply with the sanction(s) imposed under the Student Code.

    i. Influencing or attempting to influence another person to commit an abuse of the judicial system.

C. Violation of Law and University Discipline

1. If a student is charged only with an off-campus violation of federal, state, or local laws, but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the University Community.

2. University disciplinary proceedings may be Universityd against a student charged with violation of a federal, state or local law which is also a violation of this Student Code, (for example, if both violations result from the same factual situation), without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

3. When a student is charged by a federal, state or local authorities with a violation of the law the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Student Code, however, the University may advise off-campus authorities of the existence of the Student Code and of how such matters will be handled internally within the University community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting in their personal capacities, remain free to interact with a governmental representative as they deem appropriate.

1. Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Judicial Advisor responsible for the administration of the University judicial system. Any charge should be submitted as soon as possible after the event takes place.

2. The Judicial Advisor may conduct an investigation to determine if the charges have merit and/or if they can be resolved by mutual consent of the parties involved on a basis acceptable to the Judicial Advisor (such as mediation.) Such disposition shall be final and there shall be no subsequent proceedings. If the charge cannot be disposed of by mutual consent, the Judicial Advisor may later serve in the same matter as the judicial body or as Chairperson of the Judicial Body.

3. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than two, nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Judicial Advisor.

4. The student will be afforded the opportunity to select either a hearing by the full judicial body or a hearing by the Judicial Advisor. The Judicial Advisor may require a hearing by the full judicial body when he/she believes that such a procedure is in the best interest of the University.

5. Hearings shall be conducted by a judicial body according to the following guidelines:

   a. The Judicial Advisor may serve, in a non-voting capacity, as the Chairperson of the judicial body.

   b. Hearing normally shall be conducted in private.

   c. Admission of any person to the hearing shall be at the discretion of the judicial body and/or its Judicial Advisor.

   d. In hearings involving more than one accused student, the chairperson of the judicial body, in his or her discretion, may permit the hearings concerning each student to be conducted together.

   e. The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The Advisor may be an attorney. The complainant and/or the accused is responsible for presenting his or her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a judicial body.

   f. The complainant, the accused and the judicial body shall have the privilege of presenting witnesses, subject to the right of cross examination by the judicial body.

   g. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.

   h. All procedural questions are subject to the final decision of the chairperson of the judicial body.

   i. After the hearing, the judicial body shall determine (by majority vote, if the judicial body consists of more than one person) whether the student has violated the specific section(s) of the Student Code which the student is charged with violating.

   j. The judicial body's determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code.

6. There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the University.

7. Except in the case of a student charged with failing to obey the summons of a judicial body or University official, no student may be found to have violated the Student Code solely because the student failed to appear before a judicial body. In all cases, the evidence in support of the charged shall be presented and considered.

B. Sanctions

1. The following sanctions may be imposed upon any student found to have violated the Student Code:

   a. Warning - A notice in writing to the student that the student is violating or has violated Institutional regulations.

   b. Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.

   c. Loss of Privileges - Denial of specified privileges for a designated period of time.

   d. Fines - Previously established and published fines may be imposed.

   e. Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

   f. Discretionary Sanctions - Work assignments, service to the University or other related discretionary assignments.

   g. Housing Suspension - Separation of the Student from his or her University referred housing for a definite period of time, after which the student is eligible to return. Conditions for re-admission may be specified.

   h. Housing Expulsion - Permanent separation of the student from referred housing.

   i. University Suspension - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for re-admission may be specified.

   j. University Expulsion - Permanent separation of the student from all DeVry Universitys.

2. More than one of the sanctions listed above may be imposed for any single violation.

3. In each case in which a judicial body determines that a student has violated the Student Code, the sanction(s) shall be determined and imposed by the Judicial Advisor. In cases in which persons other than or in addition to the Judicial Advisor have been authorized to serve as the judicial body, the recommendation of all members of the judicial body shall be considered by the Judicial Advisor in determining and imposing sanctions. The Judicial Advisor is not limited to sanctions recommended by members of the judicial body. Following the hearing, the judicial body and the Judicial Advisor shall advise the accused in writing of its determination and of the sanction(s) imposed, if any.

4. Other tha University expulsion, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's confidential record. Upon graduation, the student's confidential record may be expunged of disciplinary actions other than housing expulsion, University suspension or University expulsion, upon application to the Judicial Advisor. Cases involving the imposition of sanctions other than housing expulsion, University suspension or University expulsion shall be expunged from the student's confidential record 3 years after final disposition of the case.

In certain circumstances, the Dean of Career and Student Services, or a designee, may impose a University or housing interim suspension prior to the hearing before a judicial body.

1. Interim suspension may be imposed only:

   a. To ensure the safety and well-being of members of the University community or preservation of University property;

   b. To ensure the student's own physical or emotional safety and well being; or

   c. If the student poses a definite threat of disruption for or interference with the normal operation of the University.

2. During the interim suspension, students shall be denied access to University referred housing and/or to the University Premises (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Career and Student Services or the Judicial Advisor may determine to be appropriate.

D. Appeals

1. A decision reached by the judicial body or a sanction imposed by the Judicial Advisor may be appealed by the accused student or complainant to the Dean of Career and Student Services within (5) school days of the decision. Such appeals shall be in writing. In cases where the Dean of Career and Student Services is the Judicial Advisor, the appeal shall be directed to the next administrative level.

2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

   a. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code was violated and giving the accused student a reasonable opportunity to prepare and present a rebuttal of those allegations.

   b. To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.

   c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed. (Refer to Article (5)(j) for standard of proof.)

   d. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

3. If an appeal is upheld by the Dean of Career and Student Services, the matter shall be remanded to the original judicial body and Judicial Advisor for re-opening of the hearing to allow reconsideration of the original determination and/or sanction(s).

ARTICLE V: INTERPRETATION AND REVISION

A. Any questions of interpretation regarding the Student Code shall be referred to the Dean of Career and Student Services or his/her other designee for final determination.

B. The Student Code shall be reviewed every 3 years under the direction of Judicial Advisor and the Home Office legal department.

Return to: Student Handbook Contents

Home | Student Services | Academics | Campus Info | Financial Info | Admissions | Career Services | Community Outreach