A. Administrative Action: Upon receipt of information alleging violations of the Student Code of Conduct, the Resolution Center may subject a student or student group to Administrative Action if it is determined that failure to do so presents an unreasonable danger to any person or property or serious disruption of Â鶹¹ÙÍø life. Administrative Action may include Interim Restriction or Interim Suspension. Use of an Administrative Action may be amended or changed based on the developing circumstances of a case. Administrative Action does not replace the regular student conduct resolution process, which shall proceed as detailed in this code.
B. Amendment: The Â鶹¹ÙÍø reserves the right to amend the Student Code of Conduct at any time. Any amendment will be dated and becomes effective fifteen (15) days after it is published in the electronic version of the Student Code of Conduct unless specific factors (e.g., change in laws or related policy, public health emergency, or other emergency) demand an immediate effective date.
C. Communication/Contact Expectations Directives: The Â鶹¹ÙÍø expects students to manage interpersonal conflicts in a mature, adult like manner. Students are expected to use healthy, safe, and appropriate means to resolve and/or navigate interpersonal conflicts. In situations involving conflicts between students that appear to rise to the level of more serious inappropriate behavior, the Â鶹¹ÙÍø may issue a Communication/Contact Expectation Directive to one or both parties involved in the situation. This directive is used to help students navigate their educational experience. The directive may prohibit one or more persons from having contact with one another or third persons involved in a conflict. The directive may be issued as an interim measure or as a part of the Â鶹¹ÙÍø’s conduct process as a contact restriction. When used as an interim measure, this directive is not open to a review process. This request is supported by the Resolution Center as a reasonable request of a Â鶹¹ÙÍø Official in the performance of their duties. As such, it is a requirement under the Student Code of Conduct that students comply with such a directive. It should be noted that a Â鶹¹ÙÍø Communication/Contact Expectation Directive is not the same thing as a court order, commonly referred to as a restraining or protective order.
D. Complaints: (Note: This section applies to all complaints of misconduct except those made pursuant to the Â鶹¹ÙÍø’s Harassment and Discrimination Policy. Please consult that policy for reporting options, support resources, and a description of the investigative process.)
Any person may file a complaint of misconduct against any current student or student group. As used in this code, a complaint includes reports submitted to the Resolution Center containing information which could constitute a violation of the Student Code of Conduct. Regardless of by whom a complaint is made, all complaints alleging violation of one or more Â鶹¹ÙÍø policies shall be made in writing and shall be submitted to the Resolution Center. Complaints must be submitted to the Resolution Center within one year of the date upon which the complainant is aware or should reasonably have been aware of the alleged violation.
E. Coordination with Law Enforcement: The Â鶹¹ÙÍø's Student Code of Conduct does not operate within a criminal or civil judicial system.
The Â鶹¹ÙÍø's goals, use of terms, procedures, definitions of prohibited conduct, and potential sanctions are separate and distinct from the public legal system. All Gonzaga community members are strongly encouraged to report conduct that may constitute a criminal offense to law enforcement authorities in addition to making a complaint to the Â鶹¹ÙÍø under the Student Code of Conduct.
The existence of an investigation by law enforcement authorities shall not necessarily delay implementation of the Student Code of Conduct process. The Â鶹¹ÙÍø has a continuing obligation to maintain a safe and secure educational environment for its students, regardless of whether a case is prosecuted criminally or whether they are substantiated in the criminal justice system. Â鶹¹ÙÍø proceedings may be carried out prior to, simultaneously with, or following criminal or civil proceedings.
F. Coordination with other Â鶹¹ÙÍø Departments: Certain types of complaints may be handled by other Â鶹¹ÙÍø departments. A particular case may be transferred between departments at the discretion of the Resolution Center.
G. Jurisdiction: Conduct by a student or student group that occurs on a Â鶹¹ÙÍø premises, in Study Abroad programs, and/or at on or off-campus Â鶹¹ÙÍø events, programs or activities. When off-campus conduct adversely affects the Â鶹¹ÙÍø and/or the pursuit of the Â鶹¹ÙÍø’s mission, goals and objectives, the Â鶹¹ÙÍø may implement student conduct procedures described in the Student Code of Conduct.
H. Medical Amnesty: To promote student health and safety, Medical Amnesty encourages students to seek medical assistance in drug or alcohol-related emergencies without fear of university actions. This emphasizes the distinction between conduct matters and health emergencies, ensuring that the focus remains on the well-being of students.
I. Official Â鶹¹ÙÍø Communication with Students: E-mail is an official form of communication at Gonzaga Â鶹¹ÙÍø. The Â鶹¹ÙÍø will assign all students an official Â鶹¹ÙÍø e-mail address to which the Â鶹¹ÙÍø will send all official e-mail communications. Students should frequently check their Â鶹¹ÙÍø-issued e-mail account and read messages in a timely manner. Other forms of communication the Â鶹¹ÙÍø may use to contact students include MSC mailbox and local and other contact information listed with the Registrar’s Office.
J. Polygraph Evidence: The results of any polygraph test are not allowed as evidence in any conduct process undertaken pursuant to the Student Code of Conduct.
K. Preponderance of Evidence: Determinations of responsibility for violations will be made based on a preponderance of evidence standard, that is whether the alleged violation is “more likely than not” to have occurred.
L. Records: The Resolution Center is the custodian of student conduct records. These records usually include complaints, findings of responsibility and any sanctions issued. Students should be aware that information maintained in their student conduct record or other Â鶹¹ÙÍø record may be requested by entities outside the Â鶹¹ÙÍø. Such requests include employment background checks, military or civilian clearances for sensitive information, graduate or other college admissions processes, professional licenses and certifications, and court orders. The Â鶹¹ÙÍø follows the guidance of FERPA and other applicable privacy laws in responding to these requests, and maintains records in compliance with applicable law and Â鶹¹ÙÍø policy. Note: For records relating to any complaint, investigation, and conduct action made pursuant to the Â鶹¹ÙÍø’s Title IX - Sexual Harassment Policy the Title IX Coordinator will serve as the custodian of records. For records relating to any complaint, investigation, and conduct action made pursuant to the Â鶹¹ÙÍø’s Academic Integrity Policy the Center for Student Academic Success (CSAS) will serve as the custodian of records.
M. Withdrawal from School with Pending Complaint: If a student withdraws from their academic coursework or leaves the Â鶹¹ÙÍø with unresolved Student Code of Conduct allegations, a hold will be placed on the student’s record.
The Â鶹¹ÙÍø will note in the student’s record the nature of the allegation and the fact that the student withdrew or left the Â鶹¹ÙÍø prior to resolution. The student will not be able to return to the Â鶹¹ÙÍø without resolving the alleged violation(s).
The Â鶹¹ÙÍø reserves the right to resolve allegations after a student withdraws or leaves the Â鶹¹ÙÍø.