Student Code of Conduct
The Office of Community Standards | Bridgewater State University
Part II: Definitions
The following selected terms are defined in an effort to facilitate a more thorough understanding of The Student Code. This list is not intended to be a complete list of all the terms referenced in The Student Code that might require interpretation or clarification. The Director of Community Standards, or designee shall make the final determination on the definition of any term found in The Student Code.
1. Administrative Conference Agreement means the final agreement regarding violations and/or sanctions agreed upon between the Community Standards officer and the student or Student Organization.
2. “Administrative Review officer” or “Community Standards officer” means a university staff member who is authorized to determine the appropriate resolution of an alleged violation of The Student Code, and/or to impose sanctions or affect other remedies as appropriate. Subject to the provision in this code, an Administrative Review officer as well as a Community Standards officer is vested with the authority to, among other duties, investigate a complaint of an alleged violation of The Student Code; decline to pursue a complaint; refer identified disputants to mediation or other appropriate resources; establish The Student Code alleged violations regarding a respondent; approve an Administrative Conference Agreement developed with a respondent; conduct an Administrative Review; impose sanctions; approve sanctions recommended by another review body; and conduct an appellate review.
3. “Administrative Review Committee (ARC)” means one or two university Administrative Review Officers review the investigation report submitted by the Community Standards officer. Administrative Review Committee members are responsible for issuing a formal decision in the matter referred to their attention.
4. “Advisor” means any person who accompanies a respondent, a complainant, or a victim for the limited purpose of providing support and guidance. An advisor of your choice may not directly address the Administrative Review officers, Community Standards officers, question witnesses, or otherwise actively participate in the Community Standards process. Requests to change proposed meetings to accommodate an Advisor’s schedule will not be considered.
5. “Appellate body” means any person or persons authorized by the Provost, Vice President of Student Affairs and Enrollment Management, or designee to conduct a review of a decision reached by an administrative review committee.
6. “Bullying” means the severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical act or gesture, or any combination thereof, directed at another individual that has the effect of: causing physical or emotional harm to the other student or damage to the other individual’s property; placing the other individual in reasonable fear of personal harm or damage to personal property; creating a hostile environment at school for the other individual; infringing on the rights of other individuals in the university community or activities; materially and substantially altering the education process or the orderly operation of the university. If the bullying is directed at those associated, or perceived to be associated with a protected class, it may be a violation of the University Policy Against Discrimination, Discriminatory Harassment, and Retaliation (included in the Equal Opportunity, Diversity and Affirmative Action Plan) and/or a violation of the university’s Sexual Violence Policy. Violations of those policies may be addressed under the Investigation and Resolution Procedures.
7. “Business day” means any day, Monday through Friday, that the university is open.
8. “Community Restitution Project” means work projects on and off campus.
9. “Community Standards file” means the printed/written/electronic file which may include but is not limited to incident report(s), email and written correspondence, witness statements, and discipline history. Community Standards file records, including those resulting in a finding of “responsible,” for violations of The Student Code, are maintained by the university for a period of at least seven years from the date of graduation. Records are subject to the protections and release provisions by the Family Educational Rights and Privacy Act (FERPA) of 1974 as it may be amended from time-to-time.
10. “Complainant” means any person, or the university itself, who submits an allegation that a student or a Student Organization violated The Student Code. When a student believes that they have been a victim of misconduct of another student or Student Organization, the student who believes they have been a victim will have the same rights under The Student Code as are provided to the respondent even if another member of the university community submitted the allegation itself.
11. “Consent” has the meaning set forth in the Sexual Violence Policy.
12. “Dating Violence” has the meaning set forth in the Sexual Violence Policy.
13. “Domestic Violence” has the meaning set forth in the Sexual Violence Policy.
14. “Designee” refers to a staff or faculty member who is responsible for implementing the Community Standards process or administering the Community Standards system, in part or in whole, at the direction of the Vice President of Student Affairs and Enrollment Management, Director of Community Standards or other university official.
15. “Director of Community Standards” refers to that person in Student Affairs, designated by the Vice President, to be responsible for the overall coordination of the university Community Standards system, including the development of policies, procedures, and education and training programs. The Director of Community Standards may serve as an Administrative Review officer, Community Standards officer, and/or an appellate body.
16. “Disciplinary Hold” means an administrative hold placed on a student’s record or on a Student Organization’s activities or privileges when the student or Student Organization Representative does not respond to the request of a university official to attend an Administrative Conference, has not completed an assigned sanction, or, with respect to a student, has withdrawn from the university while a conduct matter is pending.
17. “Discriminatory Harassment” has the meaning set forth in the Equal Opportunity, Diversity and Affirmative Action Plan.
18. “EO Director” means the Director of the Office of Equal Opportunity. The university has appointed the EO Director as its Title IX Coordinator to oversee its compliance with Title IX of the Higher Education Amendment of 1972 (Title IX) and other equal opportunity laws and regulations.
19. “Gender-Based Harassment” has the meaning set forth in the Sexual Violence Policy.
20. “Guest” means a non-student who is an associate or invitee of a student and/or Student Organization.
21. “Hazing” has the meaning set forth in the Hazing Policy.
22. “Incident database” means the electronic database used to track an incident and the response taken.
23. “Instructor” means any faculty member, teaching assistant, graduate assistant or any other person authorized by the university to provide educational services (e.g., teaching, research, or academic advising).
24. “Interim Administrative Action” means an immediate restriction taken against a student or Student Organization prior to an Administrative Conference on the student’s alleged violation.
25. “Investigator” means the Community Standards officer charged with conducting a full investigation of an alleged violation of The Student Code.
26. “May” is used in the permissive sense.
27. “Member of the university community” includes any person who is a student, instructor, or university employee; any person who works (directly or indirectly (e.g., a vendor)), resides, or receives services on university premises or in connection with its programs or activities; and may include visitors to university premises. A person’s status in a particular situation shall be determined by the Director of Community Standards.
28. “Policy” is defined as any written policy, procedure, standard, regulation, rule or Community Standards expectation adopted by the university, as the same may be amended, modified or replaced from time to time.
29. “Respondent” means a student who, or Student Organization which, may be charged for violating The Student Code.
30. “Shall” and “Will” are used in the imperative sense.
31. “Sanction” means a requirement a student or Student Organization must abide by or complete when found responsible for violating The Student Code.
32. “Sexual Assault” has the meaning set forth in the Sexual Violence Policy.
33. “Sexual Exploitation” has the meaning set forth in the Sexual Violence Policy.
34. “Sexual Harassment” has the meaning set forth in the Sexual Violence Policy.
35. “Sexual Violence” has the meaning set forth in the Sexual Violence Policy.
36. “Stalking” has the meaning set forth in the Sexual Violence Policy.
37. “Student” means any person who has been admitted to, registered or enrolled in, or attends, attended or attending the university, any university course, or university conducted program.
38. “Student Organization” means an association or group of persons, including, but not limited to, any student organization, team or club, that has complied with the formal requirements for university recognition or are recognized by the university.
39. “Student Organization Representative” means the president or designee chosen the Student Organization officers to participate in the Community Standards process on behalf of the Student Organization.
40. “University” means Bridgewater State University.
41. “University official” includes any person authorized by the university to perform administrative, instructional, or professional duties.
42. “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university, either solely or in conjunction with another entity or person.
43. “Witness” means any person with knowledge pertaining to an alleged violation of The Student Code by a student or Student Organization.
Updated 8/2017 by Peter Wiernicki, Office of Community Standards
Student Handbook 2017-2018
All Rights Reserved