Mission: The Student Conduct Process at Concordia University Chicago is meant to be developmental in nature,
supportive of a stronger community and an environment conducive to successful academic endeavors. To this
end, it is student-centered, reflective, and learning based. Through our process we aim to promote individual
growth, enhance ethical development and decision making, and develop responsible citizenship.
Philosophy: Because Concordia University exists for the purpose of providing a Christian education, the Student
Code of Conduct is designed to set for students the level of conduct acceptable for young men and women being
educated within the framework of Christian freedom and responsibility. By voluntarily joining the Concordia
community, a student assumes the obligation of abiding by the standards that the University has instituted
relevant to its missions, processes, functions, and goals. The University, at the same time, assumes the task of
educating the students in assuming responsibility for their behavior, thus preparing them for responsible
citizenship outside of the University community.
The Student Conduct Process is meant to promote stronger community and a supportive academic environment
for the university as a whole. While we work ultimately to enhance the learning experience of students involved, it
is also important to keep in mind how a student’s actions affect the greater community. By voluntarily joining the
Concordia University Chicago Community all Concordia students assume the obligation of abiding by the standards
that the university has instituted relevant to it’s mission, core values, processes, functions, and goals. As such, all
students are expected to willingly co-operate with and submit to the regulations of the Student Code of Conduct.
As all adults are responsible for the positive and negative consequences of their actions, those students found
responsible for violations of the code are also expected to adhere to the sanctioning they receive or jeopardize
their affiliation as a member of the community.
Apathy or acquiescence in the presence of known violations of the student code of conduct are not neutral acts;
they also maybe viewed as violations of the code.
Concordia University Chicago is not a sanctuary from the law. Criminal and civil laws still apply within the
academic community. Students who violate criminal codes put themselves at risk of criminal prosecution. In
addition they take on additional responsibilities.
The Student Code of Conduct is also applicable to off-campus student actions, and the University reserves the right
to hold responsible students for their off-campus behavior if their actions: affect their academic performance,
demonstrate disregard for the rights of others, or cast a negative light on the reputation of the Concordia
community. Students are not exempt from proceedings which occur in both the criminal arena and the
University’s discipline system as clearly defined in the student code.
The Student Code of Conduct is based upon the principles contained in the “Student and Faculty Statement on
Rights and Responsibilities of Students.” The Code of Conduct contains the rules and regulations of the University
relative to personal conduct. It further contains step-by-step procedures for the adjudication of conduct
violations, appeal, and sanctioning.
Learning Objectives: Learning from one’s choices is an important process in the development of a college student.
As such, the disciplinary process is designed to be educational. A student’s participation in the process might
result in one or more of the following learning outcomes:
2013-2014 Concordia University Chicago Student Code of Conduct 1
1.
Students will identify the consequences of personal actions
2.
Students will understand and personalize the purpose of the Student Code of Conduct
3.
Students will consider the concepts of respect and rights for others when making decisions
4.
Students will consider the impact of current decisions on their academic and future professional
endeavors
5.
Students will articulate personal ethics and values in relationship to a framework of Christian Freedom
and Responsibility
6.
Students will learn to choose actions that are reflective of personal ethics and values
7.
Students will articulate rationale for personal behavior
8.
Students will learn the impact of individual choices in a community setting
9.
Students will understand their rights and responsibilities prior to an official hearing
STUDENT CODE OF CONDUCT
Definitions
1.
The term “University” or “Concordia” means Concordia University Chicago.
2.
The term “Student” includes all persons taking courses at Concordia University Chicago, either full-time or
part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after
allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a
continuing relationship with the university or who have been notified of their acceptance for admission
are considered “students” as are persons who are living in the university residence halls, although not
enrolled in this institution. This student code is binding at all locations of Concordia University Chicago.
3.
The term “faculty member” means any person hired by the university to conduct classroom or teaching
activities or who is otherwise considered by the university to be a member of its faculty.
4.
The term “university official” includes any person employed by the university, performing assigned
administrative or professional responsibilities. This does include, but is not limited to, student campus
security officers or resident assistants acting rightfully in the performance of their assigned duties and
responsibilities.
5.
The term “advisor” includes any person who is a faculty or staff member, parent, guardian, official
representative, and/or legal counsel for the accused student.
6.
The term “community” includes any person who is a student, faculty member, official or any other person
employed by the university.
2013-2014 Concordia University Chicago Student Code of Conduct 2
7.
The term “Concordia University Chicago premises” or “university premises” includes all land, buildings,
facilities, and other property in the possession of or owned by, used, controlled, or leased by Concordia
University Chicago (including adjacent streets and sidewalks.
8.
The term “organization” means any number of persons who have complied with the formal requirements
for university or student association recognition or registration.
9.
The term “Conduct Meeting Officer” means any person authorized by the Student Code Authority to
determine whether a student has violated the Student code and to recommend sanctions that may be
imposed when a rules violation has been committed.
10. The term “shall” is used in the imperative sense.
11. The term “may” is used in the permissive sense.
12. The term “policy” means the written regulations of the university and university departments as found in,
but not limited to, Student and Faculty Statement on Rights and Responsibilities of Students, the Student
Code of Conduct, the Undergraduate Student Handbook, the Graduate Student Handbook, and the
Graduate/Undergraduate Catalogs.
13. The term “complainant” means any person who submits a charge allegation that a student violated this
Student Code.
14. The term “accused student” means any student accused of violating this Student Code.
Student Code Authority
1.
The Dean of Students shall determine and grant the authorization of the Assistant Dean of Students and
the additional Conduct Meeting Officers to hear and make determination of sanctioning on each matter.
2.
The Assistant Dean of Students, under the supervision and direction of the Dean of Students, shall
develop policies for the administration of the student conduct system and procedural rules for the
structure of the Conduct Meetings that are consistent with provisions of the Student Code of Conduct.
3.
Decisions made by a Conduct Meeting Officer, Assistant Dean of Students, and/or the Dean of Students
shall be final, pending the normal appeal process.
4.
The University reserves the right to resolve alleged violations of the University’s Policy Against
Discrimination, Harassment, and Retaliation using the Formal Resolution Process set forth in that policy or
to modify the Student Conduct Code Procedures set forth in below as may be required to ensure
compliance with Title IX of the Education Amendments of 1972 or other applicable law.
Proscribed Conduct
Any student, university club or organization found to have committed or to have attempted to commit any of the
following misconduct is subject to disciplinary sanctions.
2013-2014 Concordia University Chicago Student Code of Conduct 3
1.
False documentation or representations to the University, faculty, or to any University official in any form,
written or verbal; or the alteration, misrepresentation, or falsification of any University records, forms, or
procedures.
2.
The theft or attempted theft of University, private or public property or services, on or off campus, and/or
the willful possession of such property.
3.
Illegal or unauthorized possession of firearms, explosives (including fireworks), other weapons, or
dangerous chemicals on Concordia University Chicago premises or use of any such item, even if legally
possessed, in a manner that harms, threatens or causes fear to others.
4.
The willful destruction of, defacing of, or altering of University, private or public property other than
property owned by the student*.
5.
The unauthorized alteration, misuse, theft, destruction of, or any other willful act that might deem the
equipment nonfunctioning of any fire alarm, detection, and fire fighting equipment, emergency exit signs,
or security surveillance equipment.
6.
Unauthorized possession, duplication or use of keys to any Concordia University Chicago premises or
unauthorized entry to or use of university premises.
7.
Violations of the University’s Policy Against Discrimination, Harassment, and Retaliation, including, but
not limited, to: physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other
conduct which threatens or endangers the health or safety of any person; and sex discrimination,
including sexual harassment, sexual assault, and sexual violence*.
8.
Conduct that presents a danger to the fulfillment of the mission of the University or to the life, health,
welfare, safety, or property of any member of the University community or other person*.
9.
Conduct that renders a student unable to function safely or effectively in the University’s programs,
activities, or facilities without harming himself or herself, harming one or more other individuals, causing
a disruption.
10. Forcible or unauthorized entry into any building, structure, facility, or room therein, or vehicle on the
premises of Concordia University Chicago.
11. Violators of Residential Hall policies, whether residential student or commuter, are subject to disciplinary
sanctions. Furthermore, students hosting guests are responsible for the actions of their guests within the
halls. Students are responsible for knowing the policies of the residence hall facilities they enter.
* Any student accused of violating a student code that has caused implied or immediate harm to another
person, or the implied or immediate harm to property, is subject to the immediate and required removal
and/or restriction from campus. Such removal may remain only temporarily during the conclusion of the
Student Code Process or, if the student is found responsible for the violation, might be for a specified or
permanent amount of time. The university is not responsible for compensation of a student in any way during
this removal and/or restriction from campus
2013-2014 Concordia University Chicago Student Code of Conduct 4
12. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by
Concordia University Chicago board of regents or administration), or public intoxication. Alcoholic
beverages may not, in any circumstances, be used by, possessed by, manufactured or distributed to or by
any person under twenty-one (21) years of age.
13. Purchase, sale, use, possession, manufacturing, or distribution without prescription of any controlled
substance or narcotic, or the unauthorized or illegal purchase, sale, use, possession, or distribution of
prescription drugs on University premises, in University owned vehicles, or at off campus University
sponsored events. Furthermore, the purchase, sale, use, possession, or distribution of any paraphernalia
for the illegal use of controlled or prescribed substances is also prohibited.
14. Failure to comply with the directions of Concordia University Chicago officials, including student officials
such as campus security officers or resident assistants, acting in the performance of their duties and/or
failure to identify oneself to these persons when requested to do so.
15. Violation of any federal, state, or local law is prohibited whether the violation occurred off or on
university premises.
16. Any form of academic dishonesty of any kind, or assisting another in academic dishonesty with respect to
examinations, course assignments, unauthorized recordings of lectures, plagiarism, alteration of records,
or illegal possession of examinations. (all such violations are addressed through the Honor Code Violations
process as outlined in the Undergraduate and Graduate Student Handbook)
17. Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or
other emergency on University premises or at University-sponsored activities.
18. Any act of sexual misconduct, as defined in the University’s Policy Regarding Sexual Misconduct, below.
19. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other Concordia
University Chicago activities, including its public service functions on or off campus, or of other authorized
non- Concordia University Chicago activities when the conduct occurs on university premises.
20. Any act which endangers the mental or physical health or safety of oneself or any other person, 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.
21. Participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal
operations of Concordia University Chicago and/or infringes on the rights of other members of the
community; leading or inciting others to disrupt scheduled and/or normal activities within any campus
building or on university premises.
22. Obstruction of the free flow of pedestrian or vehicular traffic on Concordia University Chicago premises or
at university sponsored or supervised functions.
2013-2014 Concordia University Chicago Student Code of Conduct 5
23. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another
person to breach the peace on Concordia University Chicago premises or at functions sponsored or
participated in by, the university or members of the academic community.
24. Any violation of rules (as described in, but not limited to, the Undergraduate and Graduate Student
Handbook, the Residential Life Hall Policies and Procedures, the Undergraduate and Graduate Catalog,
and/or the student code ) that take place via the internet, including but not limited to facebook, MySpace,
Blackboard, or Blogs; or other forms of electronic communication, including but not limited to digital
photographs, text messages, or emails.
25. Theft or abuse of computer facilities and resources, 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.
Use of another individual’s identification and/or password without consent.
d.
Use of computing facilities and resources to interfere with the work of another student, faculty
member or Concordia University Chicago official.
e.
Use of the computing facilities and resources to send obscene or abusive messages.
f.
Use of computing facilities and resources to interfere with normal operation of the Concordia
University Chicago computing system.
g.
Use of computing facilities and resources in violation of copyright laws.
h.
Any violation of the Cougarnet Computer Use policies.
26. Abuse of the Student Code Process, including but not limited to:
a.
Failure to obey the notice from a Student Conduct official to appear for a meeting or hearing as
part of the Student Conduct process.
b.
Falsification, distortion, or misrepresentation of information during a Student Conduct
proceeding.
c.
Disruption or interference with the orderly process of a Student Conduct proceeding.
d.
Retaliation or attempting to discourage an individual’s proper participation in, or use of, the
student conduct process.
e.
Failure to comply with the sanction(s) imposed under the Student Conduct process.
2013-2014 Concordia University Chicago Student Code of Conduct 6
Student Conduct Code Procedures
All Student Conduct Adjudications begin with documentation of a suspected violation. The origin of this document
can be any member of the Concordia University Chicago community. In the case of an alleged violation of the
University’s Policy Against Discrimination, Harassment, and Retaliation, the Student Conduct Code Procedure will
begin at the conclusion of the University’s investigation conducted pursuant to that policy. All cases involving
allegations of sexual assault or sexual violence are subject to the additional procedural requirements set forth
below Formal Resolution Process, detailed below. These additional procedural requirements will also be used
when a party to a complaint alleging any other violation of the University’s Policy Against Discrimination,
Harassment, and Retaliation so requests, or in any other instance that the University deems appropriate. In the
situation that all students in a particular university club or organization are being documented for a violation of the
Student Code, the organization must choose a representative student member to proceed through the process
representing that particular organization.
1.
Documentation of a suspected violation is submitted to the Office of the Assistant Dean of Students for
Residential Life and Student Conduct or the office of one of our Resident Directors, who serve as Conduct
Meeting Officers (CMO) for violations occurring within their respective residential community. Any
violation that occurred outside of a residential community is reviewed by the Assistant Dean of Students
for Residential Life and Student Conduct who serves as the CMO for those violations. If it is determined,
based on the suspected violation, that a student could face sanctioning that includes University or
Residential Hall suspension or expulsion, revocation of admission or degree, and/or the withholding of a
degree, then the Assistant Dean of Students for Residential Life and Student Conduct will be automatically
deemed the CMO for that particular student’s violation regardless of the location of the violation.
2.
A review of the documentation is made to determine whether enough factual information is available to
deem support for potential responsibility of a violation by the student(s) named within.
3.
If support for potential responsibility is within the documentation, the student(s) named within will be
contacted by the appropriate CMO via their Concordia email account and in writing. The email or letter
will state the following:
4.
a.
The Student Conduct Code provisions that the student is being accused of violating,
b.
The Conduct Meeting process including: the declaration of responsibility, review of
documentation and facts, and rights to appeal, and
c.
The student will be asked to contact the appropriate CMO, within three (3) business days to
schedule a meeting that must take place within seven (7) business days of the incident unless the
University determines in its discretion that more than 7 business days is required.
If necessary, a conduct meeting time is established between the accused student and the appropriate
CMO. The purpose of this meeting is to allow the accused student an opportunity to review all the
documentation and to share with the CMO his or her side of the situation and to make a declaration
regarding his or her involvement. In all cases involving an alleged violation of the University’s Policy
Against Discrimination, Harassment, and Retaliation, the complaining party will also be entitled to a
2013-2014 Concordia University Chicago Student Code of Conduct 7
similar meeting at which the same information will be shared with the complaining party. The meeting
will follow these guidelines:
a.
The conduct review process will be explained to a student and he or she will be asked to sign
documentation to verify that he or she understands the conduct review process as well as his or
her rights within the conduct review process including his or her right to appeal.
b.
A student shall be given the right of a conduct review before a Hearing Committee instead of the
CMO. The exercise of this option by the student must be in writing. The Hearing Committee
consists of two faculty members, one staff member, three students, and one CMO. No member
of the Hearing Committee who is otherwise interested in the particular case may serve on the
committee during these proceedings.
c.
If a student chooses to have his or her adjudication meeting conducted by a committee, the
current meeting will end and a new meeting will be established with the student within (5) five
business days to be held with the hearing committee (or as soon thereafter as is possible in the
University’s judgment and discretion.
d.
If the student agrees to an adjudication meeting with the CMO, the student will be asked to
make a declaration of responsibility relating to his or her involvement in the incident. The
student will declare himself or herself: Responsible or Not Responsible
e.
After the declaration of responsibility, the meeting will take one of two directions based upon
the declaration, whether with the initial CMO or another CMO assigned:
i. A student declaring himself or herself “responsible” for the violation will have a
discussion with the CMO regarding the violation and their involvement. The discussion
will likely be followed immediately by sanctioning unless the CMO feels additional fact
gathering is necessary to determine the sanctions.
f.
The student declaring them self “not responsible” for the violation will have a discussion with the
CMO regarding the violation and his or her involvement. At this time, if applicable, the student
has an opportunity to present supporting evidence and discuss additional witnesses that would
support his or her “not responsible” declaration. It is likely that, in such situations additional fact
gathering will be necessary and therefore the CMO will conclude the meeting with the student
and follow-up with a decision regarding responsibility and any sanctioning via university email
within two (2) business days after any additional fact finding has been completed unless the
University determines in its judgment and discretion that more time is required.
g.
Sanctioning will occur within two (2) business days of a finding of “responsibility” unless the
University determines in its judgment and discretion that more time is required. A student will
be asked, whether receiving sanctioning immediately or via email to return to the CMO and sign
the necessary adjudication paperwork, thus signifying the conclusion of the initial conduct
meeting.
2013-2014 Concordia University Chicago Student Code of Conduct 8
5.
The accused student may have a non-attorney advisor throughout the conduct review process, whether
with a CMO, or with the Conduct Hearing Committee. The advisor may only counsel the student and may
not actively participate in the hearing, unless clarification is needed as determined by the CMO.
Notification of any advisor present must be made within 72 hours of a scheduled adjudication conference.
The student must declare who will be present and the advisor’s relationship to the student during that
time. If a declaration is not made within the appropriate time period regarding the inclusion of an advisor
the University reserves the right to deny such involvement.
Hearing Committee Process
1.
The University Hearing Committee will consist of three students, two faculty, one staff, and one CMO
which are chosen and trained by the Dean of Students office. The Hearing Committee members will be
chosen and trained as necessary when a student requests such form of adjudication hearing.
2.
The University Hearing Committee (UHC) will be given a copy of the conduct violation report for review
three days prior to the scheduled adjudication hearing.
3.
A student going before the UHC will be asked to make a declaration of responsibility relating to their
involvement in the incident. The student will declare himself or herself: Responsible or Not Responsible.
4.
After the declaration of responsibility, the hearing will take one of two directions based upon the
declaration:
i. A student declaring himself or herself “responsible” for the violation will have a
discussion with the UHC regarding the violation and his or her involvement. The
discussion will likely be followed immediately by sanctioning unless the UHC feels
additional fact gathering is necessary to determine the sanctions.
ii. The student declaring himself or herself “not responsible” for the violation will have a
discussion with the UHC regarding the violation and his or her involvement. During this
discussion the student has the right to present supporting factual evidence and
witnesses that would support their declaration. Additionally, the Assistant Dean of
Students will represent the university in the matter. It is likely that, in such situations
additional fact gathering is necessary and therefore the UHC will conclude the meeting
with the student and follow-up with a decision regarding responsibility and any
sanctioning via university email within two (2) business days after any additional fact
finding has been completed unless the University determines in its judgment and
discretion that more time is required.
iii. In matters involving alleged violations of the University’s Policy Against Discrimination,
Harassment, and Retaliation, the complaining party will be afforded all of the same
rights and access to information as the accused student. In matters involving alleged
violations of the University’s Policy Against Sex Discrimination, the complaining party
will be notified of the outcome of the proceeding contemporaneously with the notice
provided to the accused student.
2013-2014 Concordia University Chicago Student Code of Conduct 9
Appeal Process
To be considered, appeals must allege facts supporting at least one of the following criteria:
1.
2.
3.
4.
Procedural error sufficient to have altered the outcome of the hearing;
New, previously unavailable facts;
Evidence exists that would support a claim you were discriminated against; and/or
Excessive or inappropriate sanctions.
Note: When a student declares them self “responsible" to a Student Code of Conduct violation, appeals can be
based solely on the grounds of excessive or inappropriate sanctions. In matters involving alleged violations of the
University’s Policy Against Discrimination, Harassment, and Retaliation, both the complaining party and the
accused student will be afforded the right to appeal as provided in this section.
Appeals that are deemed by the reviewer as failing to cite one or more criteria, or allege facts supporting at least
one of the above criteria, shall be dismissed without further action.
1.
2.
3.
4.
Before initiating an appeal, the decision of the CMO must be presented to the student in
writing, after which the student has the right to appeal the decision and/or sanctioning.
A finding of individual responsibility resulting in sanctions less than expulsion may be
appealed to the Assistant Dean of Students. In cases when the Assistant Dean of
Students rendered the original decision, appeals are directed to the Dean of Students.
The decisions available for the outcome of an appeal are:
a.
Uphold the original decision;
b.
Overturn the original decision;
c.
Modify the sanction(s); or
d.
Remand for a new hearing. In all remanded cases, the conduct officer may elect
to dismiss the case rather than re-hear it. After this stage, there is no further
option of appeal.
Sanctions of individual students in cases involving expulsion or greater may be appealed
to the Dean of Students who may take any of the actions listed above. Decisions made
by the Dean of Students may then be appealed to the Vice President of Student Life and
Development. The decision of the Vice President of Student Life and Development in
matters of appeal are final.
The Dean of Students will review the statement of appeal to determine whether it
alleges facts supporting one or more of the following grounds for appeals:
i.
procedural error sufficient to have altered the outcome of the hearing;
ii.
new, previously unavailable evidence;
iii.
evidence exists that would support a claim you were discriminated
against; and/or
iv.
excessive or inappropriate sanctions.
An appeal that does not cite one or more of the criteria shall be dismissed without
further action. An appeal that alleges the facts supporting one or more of the criteria is
reviewed for merit. The appeal may be
a.
Uphold the original decision;
b.
Overturn the original decision;
c.
Modify the sanction(s); or
2013-2014 Concordia University Chicago Student Code of Conduct 10
d.
5.
Remand for a new hearing. In all remanded cases, the conduct officer may elect
to dismiss the case rather than re-hear it. Pass this stage there is no further
option of appeal.
If the Dean of Students does not modify the decision or sanctions, the sanctions will be
imposed as directed if previously held in abeyance.
Group/Organization Appeal
A student group/organization aggrieved by a decision covered by this section of the Code may only appeal to the
Dean of Students giving written notice within five (5) business days after the decision is announced. The decision of
the Dean of Students shall be final, and conclusive, and the sanction(s) will be imposed as directed if previously
held in abeyance.
Additional Procedural Requirements in Matters Involving Alleged Violations of the University’s Policy Against,
Discrimination, Harassment, and Retaliation
In accordance with the University’s Policy Against Discrimination, Harassment, and Retaliation, the following
procedures apply to matters involving alleged violations of that policy. In addition, allegations of sexual assault or
sexual violence may not be resolved using any informal resolution process (i.e., mediation). The additional
procedural protections outlined below will also be used when a party to a complaint of discrimination, harassment,
or retaliation so requests, or in any other instance that the University deems appropriate.

Standard for Determining Responsibility. The standard used to determine whether the policy has been
violated is whether it is more likely than not that the accused violated this policy. This is often referred to
as a “preponderance of the evidence” standard.

Rights of Complainants and Accused Parties; Timing of Resolution. The University shall provide any
individual suspected or accused of violating this policy with a written explanation of the suspected or
alleged violations of this policy. Complainants and accused parties shall both be provided with the
following in connection with the resolution of suspected or alleged violations of this policy.
o The opportunity to speak on their own behalf.
o The opportunity to identify witnesses who can provide information about the alleged conduct at
issue.
o The opportunity to submit other evidence on their behalf.
o The opportunity to review any information that will be offered by the other party in support of
the other party’s position (to the greatest extent possible and consistent with FERPA or other
applicable law).
o The right to be informed of the outcome of the process (to the greatest extent possible and
consistent with FERPA or other applicable law).
o The opportunity to appeal the outcome of the process.

Notification of Outcome. After the conclusion of the process, the University will provide written
notification to the complainant and the accused of the outcome (i.e., whether a violation of this policy has
occurred) within seven (7) calendar days after the conclusion of any hearing or proceeding unless the
school determines that additional time is required. This notice shall be issued contemporaneously to both
parties to the extent practicable. The school may also disclose to the complainant information about any
2013-2014 Concordia University Chicago Student Code of Conduct 11
sanctions or corrective actions taken that relate directly to the complainant (e.g., a “no contact” order).
The school will maintain documentation of all hearings or other proceedings, which can take various
forms (e.g., notes, written findings of fact, transcripts, or audio recordings, etc.). In no event will the
complainant in matters involving an alleged violation of the Policy Against Sex Discrimination be required
to abide by a nondisclosure agreement that would prevent disclosure of the outcome.

Right to Appeal. Both the accused student and the complainant may appeal the outcome of the process.
Complainant appeals will be considered for the same grounds, and handled pursuant to the same
procedures, as appeals by the accused student.

Appropriate Corrective Action. The University reserves the right to take any corrective action it deems
necessary to prevent the recurrence of any violations of the University’s Policy Against Discrimination,
Harassment, and Retaliation and to correct any discriminatory effects on the complaining party,
regardless of whether there is a finding of a violation as a result of the process and regardless of what, if
any, sanctions are imposed.
Sanctions
Individuals, clubs, or organizations that are found responsible for a violation of the Student Code of Conduct are
subject to appropriate sanctioning. In deciding sanctions, several factors are considered including but not limited
to: present demeanor of student, previous conduct history, academic performance, the nature of the offense, and
severity of any damages, injury, or harm resulting from the accused student’s actions as perceived by the victim
and/or appropriate University Official or hearing officer.
No refunds of tuition, room or board charges, parking permit fees, or any other additional student related charges
will be provided to any student who has been found responsible for violating the Student Code of Conduct. The
accused student may be placed on probation, suspended, or expelled from the University and/or residential hall,
or have rights restricted such as, but not limited to, parking on campus, restrictions from certain buildings, use of
athletic facilities, and/or participation in university sponsored events.
1.
University Warning: official written notice that a student, club, or organization has been found
responsible for violating the student code of conduct and that further violations will likely result in
additional or more severe disciplinary action.
2.
Restriction and/or Loss of Privileges: Denial or restriction of specified privileges for a designated period
of time or permanently. This includes, but is not limited to contact with a specific person, loss of parking
permit and privileges on campus, or an official trespass from the residential halls. This sanction can also
be applied to on-campus communities for continued communal violations of policy such as trash, door
propping, and vandalism.
3.
Discretionary Sanctions: Work assignments, written assignments, such as essays or reflection papers,
service to the University or community, development and implantation of a program or bulletin board,
participation in alcohol or drug education, or sanctioned medical evaluation. All discretionary sanctions
2013-2014 Concordia University Chicago Student Code of Conduct 12
assigned must meet a quality of work, insight, thoughtfulness, and research that can be reasonably
expected from a college level student.
4.
Notification to Parents or Guardian: The Dean of Students or the university hearing officer may, at their
own discretion, inform or request a student to inform parents or guardians concerning an offense by a
student in which parental contact is allowed based upon the Federal Education Rights and Protections Act
(FERPA) of 1974, or based upon a student’s previous waiver of FERPA rights. Legal rights of the student
will be respected.
5.
Confiscation: the required removal, or forced storage of items in student possession. All restricted items
in a student’s possession such as, but not limited to, drug paraphernalia and firearms will be turned over
immediately the River Forest Police Department. Confiscated alcohol will be disposed of in campus sinks
or drains. Additional items that are found to be involved with specific violations, but not restricted, such
as stereo equipment, musical instruments, non-approved widow air conditioning units etc. will be stored
or held on campus until a student is able to have the item(s) properly removed and taken to another
location.
6.
Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service
and/or monetary or material replacement.
7.
Monetary Fines: Fines may be imposed for violations of rules or for failure to meet specific obligations.
8.
Residential Hall Reassignment: A required move to a different residence hall floor or building.
9.
Probation: A written statement indicating to the student, club, or organization that their action(s) has
placed them in a probationary status to the Dean of Students for a specified period of time. This
probation is recorded in the records of the Dean of Students via the student conduct records process with
the understanding that further violations will result in more severe disciplinary action. Clubs or
organizations on probation could lose officially recognized University status as a student group for the
probation period which would restrict them from access University funds for activities or utilizing
University space for meetings and/or programming.
10. Disciplinary Probation: This is a written statement to the student, club, or organization indicating that
their behavior(s) is of such a nature as to place them in probationary status with the University for a
specified period of time. Entry of this action is made on the student’s personal record. For student
groups or organizations, the official note of action is made with the office of Student Leadership and
Involvement. Any further significant behavioral infraction of policy will cause the student or club or
organization to be removed from the University community. When Disciplinary Probation is issued, the
following restrictions may be imposed, but at least one must be imposed:
a.
b.
c.
Restriction from registering or parking a motor vehicle on campus.
Restriction from representing the University in any public performance, sporting event,
intramural event, committee, any student government office, or any recognized student
organization.
If a club or student organization, restriction from holding meetings and conducting related
functions of the club or the organization while on Disciplinary Probation.
2013-2014 Concordia University Chicago Student Code of Conduct 13
11. Residential Hall Probation: This is a written statement to a residential student indicating that their
behavior(s) is of such a nature as to place them in probationary status with the Department of Residential
Life for a specified period of time. If during probation a student is found responsible for any additional
violation of University policies as outlined by the Undergraduate Student Handbook, the Residential Life
housing contract agreement, or the University Honor Code then that student will likely face Residential
Hall suspension.
12. Residential Hall Suspension: This is a separation of the student from the residential community for a
specified period of time, a minimum of one semester and no more then six consecutive semesters,
conditional upon reapplication through the Director of Residential Life. A student on residential hall
suspension must vacate their residence, if they are a residential student, within 48 hours of receiving
sanctioning. Removed students, and those that are non-residential, will be trespassed from all university
residential halls for a period of at least one year.
13. University Suspension: This is a separation of the student, organization, or club from the University for a
specified period of time, conditional upon reapplication through the Dean of Students. For individual
students, this is recorded on the student’s personal record. Upon suspension, a student is denied
admission to the University, is excluded from participation in classes and other University activities, and is
restricted from university premises. A student who is suspended must forfeit his/her I.D. card. Clubs or
organizations have no rights and will not be sanctioned or recognized for action or meeting on campus
while suspended. Conditions for re-enrollment may be specified.
14. Residential Hall Expulsion: This is a permanent separation of the student from university residential halls.
15. University Expulsion: This is a separation of the student, club, or organization from the University. The
conditions of readmission, if such is permitted, shall be stated in the order of expulsion. This is recorded
on the student’s personal record.
16. Revocation of Admission and/or Degree: Admission to or a degree awarded from the University may be
revoked for fraud, misrepresentation, or other violations of University standards in obtaining the degree,
or for other serious violations committed by a student prior to beginning classes, or graduation.
17. Withholding Degree: The University may withhold awarding a degree otherwise earned until the
completion of the process set forth in the Student Code of Conduct, including the completion of all
sanctions imposed, if any.
Reporting a Violation of the Student Code of Conduct
Faculty, Staff, or Students wishing to report a potential violation of the student code can acquire a copy of the
Conduct Violation Report Form by visiting the Forms Depository on the University Portal. Complete forms should
be electronically sent as an attachment to the following email address: andrew.pollom@cuchicago.edu .
All academic violations of the Student Code should be addressed with the Director of the Honor Code System.
2013-2014 Concordia University Chicago Student Code of Conduct 14
Policy regarding Confidentiality in Reporting Violations of the Student Code
In situations where potential retaliation would be deemed as possible for reporting a violation, the identity of the
complainant can be held as confidential from the person accused, to the extent permitted by law. Confidentiality
will be observed, provided that it does not interfere with the University’s ability to conduct an investigation and
take any corrective action deemed appropriate by the University and provided that complaining parties in matters
involving alleged violations of the University’s Policy Against Sex Discrimination are not required to maintain
confidentiality. The determination for confidentiality is made by a Conduct Meeting Officer, the Assistant Dean of
Students, and/or the Dean of Students and the complainant. All such decisions are made with the safety and best
interest of the complainant and the community in mind.
Regarding Complainant’s Needs
The University will treat both complainants and accused students with courtesy, understanding and
professionalism. The University will not voluntarily release a complainant’s or an accused student’s name to the
public or media except as required by law. Further, University staff will, upon request by the complainant:
1.
Meet with a complainant privately, at a reasonable place of his/her choice, to discuss the situation in a
confidential manner;
2. Assist a complainant in privately contacting counseling, advising, and other available resources should the
complainant request such;
3. Arrange for the accused or any persons acting on the accused's behalf not have contact with the
complainant;
4. Continue to be available to the complainant to answer questions, explain the systems and processes
involved, and be a willing listener;
5. Keep him/her informed on the progress of the case as allowed by law and policy;
6. Respond to requests for assistance regarding University residential housing from the Office of Housing
and Residence Life, including a request to change housing assignments or to leave University housing with
a pro-rata refund of any balance regarding room and board;
7. Assist with requests for assistance to Dean of Students office to receive academic relief or other
exceptions to current academic regulations;
8. In cases of sexual assault or crimes of violence, notify a complainant of the outcome of any investigation
and conduct proceedings.
9. Arrange, at the discretion of the conduct officer, an alternative to giving a statement in a face-to-face
setting; and
10. Arrange for the complainant to have the opportunity to make a statement concerning the impact of the
incident on his or her life in the hearing.
Policy regarding Violations of Law and University Discipline
Concordia University disciplinary proceedings may be instituted against a student charged with conduct that
potentially violates both the criminal law and this Student Code (that is if both possible violations result from the
same factual situation) without regard to the pendency of civil or criminal 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 at the discretion of the Dean of Students. Determinations made or
sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of
the same facts giving rise to violation of the University rules were dismissed, reduced, or resolved in favor of or
against the criminal law defendant.
2013-2014 Concordia University Chicago Student Code of Conduct 15
Furthermore, when a student is charged by federal, state, or local authorities with a violation of law, Concordia
University Chicago will not request or agree to special consideration for the individual because of his or her status
as a student. If the alleged offense is also being processed under the Student Code, the university may advise offcampus authorities of the existence of the Student Code and of how such matters are typically handled within the
community. The university will attempt to cooperate with law enforcement and other agencies in the
enforcement of criminal law on campus (provided that the conditions do not conflict with campus rules or
sanctions, FERPA or any other local, state, or federal laws). Individual students and other members of the
university community, acting in their personal capacities, remain free to interact with governmental
representatives as they deem appropriate.
Policy regarding Sexual Misconduct
As a Christian institution, of the Lutheran Church Missouri Synod, Concordia University Chicago supports the
biblical standard of sexual intercourse only within marriage. However, within our sinful world, we cannot, in good
faith, turn our hearts and heads away from the facts that we are all subject to sinful temptation. As such, we
recognize that sexual misconduct of any kind, whether in the committed relationship of marriage, or whether
within the acts outside the commitment of marriage is immoral and may be illegal. We define such acts as follows:
Sexual Misconduct
The term “sexual misconduct” includes, but is not limited to inappropriate sexual behavior, as defined below.
Sexual harassment, sexual assault, and sexual violence are addressed separately under the University’s Policy
Against Discrimination, Harassment, and Retaliation.

Inappropriate Sexual Behavior
Unmarried students who engage in sexual behavior will be subject to the disciplinary process.
The term “sexual behavior” includes Intentional contact with another person’s breasts, buttock, groin, or
genitals, or touching another with any of these body parts, or making another touch you or themselves
with or on any of these body parts. Further more, the term “sexual behavior” includes Intercourse,
however slight, meaning vaginal penetration by a penis, object, tongue or finger, anal penetration by a
penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth
contact).

Sexual Harassment
Sexual harassment of any employee, student, or applicant for admission to the University is strictly
prohibited. Concordia University Chicago defines sexual harassment as including the following behavior:
Unwelcome sexual advances; requests for sexual favors; unwelcome touching, fondling, visual display of a
sexually disturbing nature, and all other verbal or physical conduct of a sexual nature, when submission to
such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a
term or condition of an individual’s grade, recommendation, housing, or participation in any educational
program or opportunity; or such conduct has the purpose or effect of creating an intimidating, hostile, or
offensive working, living or learning environment or unreasonably interfering with an individual’s work or
academic performance, academic studies, residential environment or other educational opportunities.
Conduct that constitutes sexual harassment may vary depending upon the particular circumstances.
Sexual harassment is not limited to physical acts but includes all acts of harassment based upon a person’s
sex. Behavior that may be experienced as intimidating or offensive, particularly when it recurs or one
person has authority over the other, may include actions such as veiled suggestions of sexual activity;
2013-2014 Concordia University Chicago Student Code of Conduct 16
offensive comments, jokes, innuendoes, and other statements of a sexual nature; or the use of risqué
jokes, stories, or images. Sexual harassment could include inappropriate personal attention given to any
employee or a student or an applicant by a supervisor, a teaching assistant, an instructor, a professor, or
any other member of the faculty, any officer, or any other person.

Nonconsensual Sexual Contact
Nonconsensual sexual contact is: any intentional sexual touching, however slight, with any object, by a
man or a woman upon a man or a woman, without effective consent.

Nonconsensual Sexual Intercourse
Nonconsensual sexual intercourse is: any sexual intercourse (anal, oral, or vaginal), however slight, with
any object, by a man or woman upon a man or a woman, without effective consent.

Sexual Exploitation
Sexual exploitation occurs when a student takes or attempts to take nonconsensual or abusive sexual
advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than
the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct
offenses. Examples of sexual exploitation include, but are not limited to:






Nonconsensual video or audio-taping of sexual activity.
Prostituting another person.
Going beyond the boundaries of consent.
Attempting to view directly, or through electronic means, another individual in a state of
undress.
The sharing of sexually exploitive media.
Knowingly transmitting an STD to another student.
Definition of Effective Consent
Consent may be given by words or actions unmistakable in meaning. In order to be effective, consent cannot be
procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercive behavior differs
from seductive behavior based on the type of pressure someone uses to get consent from another. When
someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past
a certain point of sexual interaction, continued pressure beyond that point can be coercive. In order to give
effective consent, one must be of legal age.
If you have sexual activity with someone you know to be or should know to be mentally or physically incapacitated
(alcohol or other drug use, unconsciousness, or blackout), you are in violation of this policy and may be in violation
of the law. Any time sexual activity takes place between individuals, those individuals must be capable of
controlling their physical actions and be capable of making rational, reasonable decisions about their sexual
behavior.
This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical
restraint, or from the taking of a so-called “date-rape” drug. Possession, use, and/or distribution of any of these
substances, including Rohypnol, Ketomine, GHB, Burundanga, etc., is prohibited, and administering one of these
drugs to another student for the purpose of inducing incapacity is a violation of this policy. Use of alcohol or other
drugs will never function to excuse behavior that violates this policy.
2013-2014 Concordia University Chicago Student Code of Conduct 17