Non-Academic Student Conduct

Your first priority at UAB is to get a great education, plain and simple. These are the guidelines that protect your chance at getting that top-quality education by setting the standard for what it means to be a successful student.

Reporting an Incident


Non-Academic Student Conduct Policy


A. Policy Summary


The University of Alabama at Birmingham exists to educate its students, to advance, preserve, and disseminate knowledge through research and scholarship, and to advance the interests and the welfare of society as a whole. Free inquiry and free expression are indispensable to the attainment of these goals. Students, faculty, and administration represent the three integral parts of the academic community; they share responsibility for the proper functioning of the institution in the pursuit of its educational goals. As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth.

Freedom to teach and learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom and throughout the overall campus community.

In order to ensure these rights and freedoms, it is the obligation of both the University as an institution and the members of the academic community to ensure orderly operation by prohibiting actions that interfere with legitimate educational objectives or that interfere with the rights of others. This obligation is met, in part, by assuring that appropriate action will be taken when either academic or non-academic behavior adversely affects the pursuit of the educational objectives of the UAB community. Students are challenged to take responsibility for their behavior, demonstrate respect for themselves, the property of others, and to develop skills that will enhance lifelong problem solving, communication, and decision-making abilities.

B. Mission, Core Values, and Learning Outcomes


The mission of Non-Academic Student Conduct is to establish an ethic of care at The University of Alabama at Birmingham through its preventative, behavioral, and accountability practices. An ethic of care aids in providing a safe, respectful, and supportive community where students, parents, faculty, and staff will be challenged to develop their critical thinking, values, connectedness to the community, sense of identity, understanding of independence and interdependence, and multicultural awareness.

UAB’s student conduct program is committed to an educational and developmental process that balances the interests of individual students with the interests of the University community. A community exists on the basis of shared values and principles. At UAB, student members of the community are expected to uphold and abide by certain standards of conduct that form the Student Code of Conduct. These standards are embodied within a core set of values that include integrity, social justice, respect, community, and responsibility. The core values, functional practices, and programs of Non-Academic Student Conduct, demonstrate an effort to aid in student development and contribute to a positive, successful and respectful living and learning environment throughout the University community.

Each member of the University community bears responsibility for their conduct and to assume reasonable responsibility for the behavior of others. When members of the community fail to exemplify the values by engaging in violation of rules within this policy, campus conduct proceedings are used to assert and uphold the Student Code of Conduct.

The learning outcomes of Non-Academic Student Conduct are that the student, through their experience in our process, will be able to:
  • Identify the section of the Non-Academic Code of Conduct they allegedly violated;
  • Describe the impact that their behavior has on themselves and others;
  • Explain their responsibility as a student to uphold the established standards of conduct; and
  • Summarize the potential impact of their behavior on their future career, or course of study.

C. Jurisdiction


By accepting admission to and enrolling at The University of Alabama at Birmingham, students are obligated to align their behaviors with the values of the University, the Non-Academic Student Code of Conduct, Student Housing & Residence Life policies and any other University policies and procedures. The Non-Academic Student Code of Conduct and the student non-academic conduct process apply to the conduct of individual students, informal groups of students, and University officially recognized student organizations. Because the Non-Academic Student Code of Conduct is based on shared values, it sets a range of expectations for University of Alabama at Birmingham students no matter where or when their conduct may take place. Therefore, the Non-Academic Student Code of Conduct applies to behaviors that take place on the University premises, at University- sponsored events or programs, and also apply off campus, when the administration determines the following:
  1. The seriousness of the alleged conduct; and/or
  2. The direct impact of the conduct on any member of the University community or the educational mission and/or interests of the University; and/or
  3. Whether the alleged victim is a member of the University community; and/or
  4. Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of themselves or others; and/or
  5. Whether the off-campus conduct is part of a continuing course of conduct that occurred either on-or off-campus
The Non-Academic Student Code of Conduct may be applied to behavior conducted online, via email, or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats, and social networking sites are in the public sphere and are not private. These postings can subject a student or student organization to allegations of conduct violations if evidence of policy violations is posted online. The University may take action if and when such information is brought to the attention of University officials.

The Non-Academic Student Code of Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. Visitors to and guests of UAB may seek resolution of violations of the Non-Academic Student Code of Conduct committed against them by members of the University community.

There is no time limit on reporting violations of the Non-Academic Student Code of Conduct; however, the longer someone waits to report an offense, the harder it becomes for University officials to obtain information and witness statements and to make determinations regarding alleged violations.

Though anonymous complaints are permitted, doing so may limit the University’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Office of Student Engagement, (205) 975-9509, uab.edu/studentengagement, and/or to UAB Police, (205) 934-4434.

UAB retains conduct jurisdiction over students who choose to take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. Students who withdraw or graduate from UAB while conduct action is pending will have a conduct hold placed on the student’s record and the allegations must be resolved prior to the student’s readmission, if approved.

University of Alabama at Birmingham students studying in off campus contexts or participating in University- sponsored programs remain responsible to uphold the Non-Academic Student Code of Conduct and the laws relevant to their location. The Non-Academic Student Code of Conduct also applies to conduct that takes place at any time from the date that a student is offered admission to the University until the student has completed graduation and includes summers and in between semesters. In general, any behavior that discredits the student or the University, as determined by the Non-Academic Student Code of Conduct, may result in conduct action.

Students should be aware that the student conduct process is quite different from criminal and civil court proceedings. Procedures and rights in student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. Student Rights, as defined within these procedures, assures written notice and a resolution meeting before an objective decision-maker. No student will be found in violation of University policy without information showing that it is more likely than not that a policy violation occurred and any sanction will be proportionate to the severity of the violation and to the cumulative conduct history of the student.

The exercise of jurisdiction does not depend on whether a student is actually charged through the criminal justice system. Investigations or conduct proceedings by the University are not postponed while criminal or civil proceedings are pending unless otherwise determined by the Non-Academic Student Conduct Resolution Officer. Dismissal of criminal charges or acquittal in a criminal case does not prevent the Non-Academic Student Conduct Resolution Officer from investigating and adjudicating an incident.

The University reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint and/or whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses an imminent danger or substantial harm to others, or to property.
Interim suspensions are imposed until a resolution meeting can be held, typically within two weeks.

D. Distinction Between Academic and Non-Academic Conduct


Although it is important to bear in mind that misconduct may often be both academic and non-academic in nature, there are also distinctions between the two, however subtle those distinctions may be. Academic conduct is generally considered to be related to the actions of students that are associated with the teaching-learning environment. Academic misconduct, therefore, may include, but may not necessarily be limited to, such things as plagiarism, cheating and falsifying academic records. For information on the handling of academic misconduct, see the appropriate academic catalog. The first contact for reports of academic misconduct is the office of the dean of the school in which a student is enrolled.

Non-Academic conduct is generally considered to involve actions of students related to standards of behavior that are established for the purpose of maintaining an acceptable level of propriety within the University community.

E. Definitions


For the purposes of this policy, the following definitions apply:
  1. “University” means The University of Alabama at Birmingham.
  2. “Student” means any person admitted to The University of Alabama at Birmingham, whether full-time or part-time, pursuing undergraduate, graduate, or professional studies, and who is either currently enrolled or was enrolled the previous semester and registered for a future semester.
  3. “Student group or student organization” means any number of students who have complied with formal requirements for The University of Alabama at Birmingham recognition as a student organization/group.
  4. “University Official” includes any person employed by the University performing administrative, professional, research, teaching, or para-professional responsibilities.
  5. “Complainant” means any person who submits a written complaint/report alleging that a student violated this Non-Academic Student Conduct Policy. The University reserves the right to initiate a complaint, to serve as Complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
  6. “Respondent” means any student or student organization that is alleged to have violated this Non-Academic Student Conduct Policy.
  7. “Assistant Vice President for Student Life” (AVPSL) is that person designated by the University of Alabama at Birmingham to be responsible for the administration of the Non-Academic Student Conduct Policy. The AVPSL considers appeals by students from findings of Administrative Resolution meetings and/or the findings of meetings by the Non-Academic Student Conduct Resolution Committee. The AVPSL also serves as the University Title IX Coordinator and the ADA/504 Compliance Officer.
  8. “Director of Student Engagement” is that person designated by the AVPSL to be responsible for the administration of the Non-Academic Student Conduct Policy. The Director of Student Engagement also serves as the University Deputy Title IX Coordinator.
  9. “Non-Academic Student Conduct Resolution Officer” means a University Official authorized by the Director of Student Engagement to conduct Administrative Review and Resolution meetings to resolve alleged violations of the Non-Academic Student Code of Conduct and to assign sanctions, if applicable.
  10. “Administrative Review” means a meeting between the Respondent and a Non-Academic Student Conduct Resolution Officer to discuss a Respondent’s rights and review alleged violations of the Student Code of Conduct.
  11. “Administrative Resolution” means a meeting with a Respondent and a Non-Academic Student Conduct Resolution Officer or with the Non-Academic Conduct Resolution Committee to resolve alleged violations of the Non-Academic Student Code of Conduct.
  12. “Non-Academic Student Conduct Resolution Committee” means any person or persons authorized by the University to determine whether a student has violated the Non-Academic Student Code of Conduct and to recommend imposition of sanctions, if applicable.
  13. “Advisor” means a person chosen by the Respondent or Complainant to assist them with an Administrative Review and/or Resolution meeting/or meeting with a Non-Academic Conduct Resolution Officer or with the Non-Academic Student Conduct Resolution Committee.
  14. “University Representative” means a University Official authorized by the Director of Student Engagement or their designee to present information and question witnesses on behalf of the University at Non-Academic Student Conduct Resolution meetings.
  15. “Faculty Member” means any person who is employed by the University for the purpose who holds academic rank or performs teaching or research duties.
  16. “Staff Member” means any person employed by the University who is not considered faculty.
  17. “University- Sponsored Activity” means any activity on or off campus, which is initiated, aided, funded, authorized, or supervised by the University.
  18. “University Policy” means the written regulations of The University of Alabama at Birmingham as found in, but not limited to, the Non-Academic Student Code of Conduct, residence hall living guides, and appropriate sections of the University Policy Manual and University catalogues.
  19. “Consent” means clear, voluntary permission, which cannot be inferred by the absence of verbal or physical resistance. A lack of consent results from forcible compulsion or incapacity to consent. Forcible compulsion is a physical force or a threat, whether expressed or implied, that places a person in fear of immediate serious physical injury or economic harm to him/herself or a third party. A person is deemed incapable of providing consent if, at the time of the act, he or she: (1) is under the age of 16; (2) suffers from a mental impairment, whether temporary or permanent, which renders them incapable of appraising the nature of his or her conduct (e.g., age, disability, or temporary impairment due to drug or alcohol consumption); or, (3) is physically helpless (e.g., unconscious). Consent can be withdrawn by either party at any point. Consent must be voluntarily given and may not be valid if a person is being subjected to actions or behaviors that elicit emotional or psychological pressure, intimidation, or fear. Consent to engage in one sexual activity, or past agreement to engage in a particular sexual activity, cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity. For purposes of this policy, the issue is whether the Respondent knew, or should have known, that the activity in question was not consensual. Engaging in sexual activity with a person who you know to be incapacitated, or reasonably should know to be incapacitated, violates this policy.
  20. “Incapacitation” is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. With incapacitation, an individual lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation may result from the use of alcohol and/or drugs. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching incapacitation include, but not limited to, slurred speech, vomiting, stumbling, glassy or unfocused eyes, confusion as to time, place, etc., odor of alcohol, combativeness, or emotional volatility.

    Evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual’s:
    • Decision-making ability;
    • Awareness of consequences;
    • Ability to make informed judgments; or
    • Capacity to appreciate the nature and the quality of the act.
    Evaluating incapacitation also requires an assessment of whether a Respondent was aware or should have been aware of the Complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position.
  21. “Sexual Misconduct” includes, but is not limited to sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and sexual exploitation, but in any event, always includes sexual assault, domestic violence, dating violence, and stalking. Sexual misconduct may occur between people of the same sex or between people of different sexes. Sexual misconduct can include both intentional conduct and conduct that results in negative effects, even if those negative effects were unintended. Sexual misconduct can also include retaliation in connection with a Complainant’s or Reporter’s allegations under this policy.
  22. “Sexual Harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature if: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education, living environment, employment, or participation in a University-related activity or University Program; (2) submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that individual’s education, living environment, employment, or participation in a University-related activity; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual’s education, living environment, employment, or participation in a University-related activity.
    • Examples may include, but are not limited to, the following: unwanted sexual statements; unwanted personal attention including stalking and cyber-stalking; unwanted physical or sexual advances that would constitute sexual assault, as defined in this policy; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved; touching oneself sexually for others to view; and voyeurism (spying on others who are in intimate or sexual situations).
    Conduct reported as sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the questioned behavior. Although repeated incidents generally create a stronger claim of sexual harassment, a serious incident, even if isolated, can be sufficient. For example, a single instance of sexual assault can constitute sexual harassment.
  23. “Domestic Violence” means felony or misdemeanor crimes of violence committed by:
    • A current or former spouse of the victim
    • A person who is cohabitating with or has cohabitated with the victim as a spouse
    • A person similarly situated under domestic or family violence law
    • Anyone else protected under domestic or family violence law
  24. “Non-consensual sexual intercourse” means any sexual intercourse whether anal, oral, or vaginal (or an attempt to commit the same) however slight, with any object, by a person upon another person, and, without that person's consent or by physical force.
  25. “Non-consensual sexual contact” means any intentional sexual touching (or an attempt to commit the same), however slight, with any object, by person upon another person, and, without consent or by physical force.
  26. “Sexual assault” means any sexual act directed against another person, forcibly and/or against that person's will; or, if not forcibly, where the victim is incapable of giving consent. Sexual assault also includes, but is not limited to, non-consensual sexual intercourse/sexual contact, incest rape, including statutory rape, and sexual exploitation.
  27. “Sexual exploitation” means taking non-consensual or abusive sexual advantage of another for one's own advantage or benefit or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
    • prostituting another student;
    • non-consensual video or audio recording of sexual activity;
    • exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to be witness to one's consensual sexual activity;
    • engaging in voyeurism (Peeping Tom); and/or
    • knowingly transmitting a sexually transmitted disease/infection or HIV to another student.
  28. “Dating Violence” means any act of violence or threatened act of violence against a person with whom the individual is or has been involved in a romantic or intimate relationship. This includes threats, assault, property damage, and violence or threat of violence to one’s self or to the family members or pets of the romantic or intimate partner when used as a method of coercion, control, punishment, intimidation, or revenge. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
  29. “Stalking” means a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.
  30. Title IX of the Education Amendments of 1972 (Title IX) (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) (as amended) is a federal law that prohibits sex-based discrimination, including sexual harassment and sexual assault, in education programs that receive federal financial assistance.
  31. “Title IX Coordinator and Deputy Coordinator” means University officials charged with ensuring the University’s overall compliance with Title IX and related University policy.
  32. “Title IX Investigator” means University official charged with investigating a Title IX complaint.
  33. “Business days” means weekdays but excludes weekends, University holidays, and days when the President has determined that the campus will be closed for business.
  34. “Weapons” means any object or substance designed to inflict a wound, cause injury, or incapacitate including, but not limited to, firearms, ammunition, projectiles, pellet guns, imitation weapons, chemicals, knives, and fireworks. This definition also includes any harmless instrument that could reasonably appear to a reasonable person as being a weapon.
  35. “Preponderance of the Information” is the information standard of the Non-Academic Student Code of Conduct. Preponderance of the Information means that it is “more likely than not” that a Respondent violated this Non-Academic Student Code of Conduct. In this context, the Respondent will be found to be responsible for the alleged violations if the Non-Academic Student Conduct Resolution Officer or the Non-Academic Student Conduct Resolution Committee concludes that the University has shown that such conduct more likely than not occurred based on careful review of all information presented.
  36. “Conduct hold” is defined as a hold on a student’s registration and/or transcript access. While conduct cases are pending, the University may place a conduct hold on the student’s records. A conduct hold will also be placed if a student fails to complete assigned sanctions. The conduct hold will not be removed until all sanctions have been completed. If a student fails to respond to a request to meet to discuss the alleged code violation, a conduct hold will be placed on the student’s record. Students who withdraw from UAB while conduct action is pending will have a conduct hold placed on the student’s record and the allegations must be resolved prior to the student’s readmission if approved.
  37. “Will” is used in the imperative sense.
  38. “May” is used in the permissive sense.

F. Authority and Responsibility for Non-Academic Student Conduct Issues


The following statements establish authority and responsibility for non-academic misconduct:

Vice Provost for Student and Faculty Success

The Vice Provost for Student and Faculty Success is that person designated by the University President to be responsible for the administration of the Non-Academic Student Conduct Policy.

Assistant Vice President for Student Life and the Director of Student Engagement

The Assistant Vice President for Student Life, appointed by the Vice Provost for Student and Faculty Success, and the Director of Student Engagement, appointed by the Assistant Vice President for Student Life, will be principally responsible for administering the non-academic conduct process for students or student groups/organizations that have allegedly violated established standards of conduct while in the general University environment. The Assistant Vice President for Student Life and the Director of Student Engagement, in consultation with the appropriate University officials shall develop policies and procedures for the administration of the non-academic conduct system.

At the discretion of the Assistant Vice President for Student Life, non-academic programs and student groups/organizations with internal conduct mechanisms may be allowed to handle minor violations of the Non-Academic Student Code of Conduct by a member.

Director of Student Housing & Residence Life and Assistant Director of Student Housing & Residence Life

The Director of Student Housing & Residence Life and Assistant Director of Student Housing & Residence Life will oversee the housing conduct process for students who have allegedly violated housing standards of conduct and/or student housing policies and procedures while on housing premises. In many situations, the Non-Academic Student Conduct Resolution Officer and the Director of Student Housing & Residence Life/Assistant Director of Student Housing & Residence Life may jointly handle violations of established standards of conduct. A student subject to housing processes may also be subject to non-academic conduct review.

Non-Academic Student Conduct Resolution Officer

The Non-Academic Student Conduct Resolution Officer conducts Administrative Review and Resolution meetings with a Respondent alleged to have violated this Non-Academic Student Code of Conduct and to assign sanction(s), if applicable. The Non-Academic Student Conduct Resolution Officer meets with Complainants as well.

Deans

The deans of the schools within the University have the option to investigate and administer non-academic conduct for students enrolled in their respective schools, or to refer the matter to the Non-Academic Student Conduct Resolution Officer.

Non-Academic Student Conduct Resolution Committee

A non-academic student conduct resolution committee will be selected as needed for the purpose of dealing with non-academic misconduct issues. Each four (4) member non-academic student conduct resolution committee will be comprised of: 1) a faculty member; 2) two (2) students selected from the USGA Student Court; and 3) one (1) staff member, who will chair the committee.

G. Student Rights


Students and student groups/organizations will be assured of fair and equitable treatment through consistent adherence to procedure as described below:
  1. A notice in writing of any alleged violation(s) or charge filed against the Respondent;
  2. Know the identity of the complaining party (unless it will cause a clear and present danger to the Complainant).
  3. The opportunity to bring to the Administrative Review, meeting with the Title IX Investigator (if applicable), Resolution meeting, and/or meeting with the Non-Academic Student Conduct Resolution Committee, an advisor of their choice. The advisor is not permitted to speak for or on behalf of the student during any phase of the conduct process, including resolution meetings. The Complainant has the right to be assisted by an advisor of their choice, at meetings as well;
  4. Be notified of the findings of the Administrative Resolution meeting or meeting conducted by the Non-Academic Student Resolution Committee and have sanctions or actions, if applicable, in writing;
  5. Be notified of the request to appeal process and whether an appeal if available for the conduct or violation alleged.
  6. Be notified when results become final.
  7. For Title IX matters the additional or other rights set forth in the University’s Sexual Violence and Sexual Misconduct Policy.

The Rights of the Respondent

  1. The right to receive notification of the section(s) of the Student Code of Conduct allegedly violated or the charge against them and the opportunity to schedule a date and time, of any resolution meeting regarding the alleged violation(s).
  2. The right to challenge the objectivity or fairness of any of the persons serving on the Non-Academic Student Conduct Resolution Committee. The decision to uphold any challenge made by the Respondent rests with the Chair of the proceedings.
  3. The right, in all conduct proceedings to have the presence of one (1) advisor. An advisor may consult with the Respondent, but not address the Non-Academic Student Conduct Resolution Officer or Non-Academic Student Conduct Resolution Committee or participate directly in a conduct resolution meeting.
  4. The right to have timely access to information that will be used during any resolution meeting upon request.
  5. The right to know the name of each witness (unless it will cause a clear and present danger to the witness) to appear at any conduct resolution meeting.
  6. The right to introduce documents, to call witnesses, and present other information. The right to call witnesses is accompanied by the obligation to provide the name of each witness, in writing, two (2) business days in advance of a Non-Academic Student Conduct Resolution meeting to the Non-Academic Student Conduct Resolution Officer or Chair of the Non-Academic Student Conduct Resolution Committee.
  7. The right to be present at their conduct resolution meeting regarding the alleged violation(s) and to make or refrain from making statements.
  8. The right to ask questions of any person participating in or providing information at a conduct resolution meeting. All questions asked by the Respondent or Complainant during a conduct resolution meeting conducted by the Non-Academic Student Conduct Resolution Officer or the Non-Academic Conduct Resolution Committee are to be submitted in writing to the Non-Academic Student Conduct Officer or Chair of the Non-Academic Student Conduct Resolution Committee. The Conduct Resolution Officer or Chair has the authority to determine relevancy of questions asked by a Respondent or Complainant. In certain circumstances, questioning may be done outside the physical presence of those participating in the conduct resolution meeting.
  9. The right to receive written notification of any finding made.
  10. The right to request an appeal on the finding of an Administrative Resolution or Non-Academic Student Conduct Resolution Committee meeting in accordance with University procedures, in gender-based violence, crime violence or Title IX Sexual Misconduct matters.
  11. The right to review the record that exists of a personal conduct resolution meeting in accordance with all state laws and the Family Educational Rights and Privacy Act.
  12. The right to request postponement of a conduct resolution meeting for good cause shown. In most cases, a postponement will only be granted due to an academically related commitment. The decision to postpone a conduct meeting rests with the Non-Academic Student Conduct Resolution Officer or Chair of the Non-Academic Student Conduct Resolution Committee.
  13. The Respondent of a Title IX Sexual Misconduct claim may be entitled to additional rights as set forth in the Sexual Violence and Sexual Misconduct Policy.

The Rights of the Complainant

  1. The right to be kept informed of the status of conduct proceedings throughout the process.
  2. The right to challenge the objectivity or fairness of any of the persons serving on the Non-Academic Student Conduct Resolution Committee. The decision to uphold any challenge made by the Complainant rests with the Chair of the proceedings.
  3. The right to appear before a resolution officer or committee and, in all conduct proceedings to have the presence of one (1) advisor. An advisor may consult with the student, but not address the Non-Academic Student Conduct Resolution Officer or Non-Academic Student Conduct Resolution Committee or participate directly in a conduct resolution meeting.
  4. The right to request to answer questions posed by the Respondent outside of the physical presence of the Respondent. The Non-Academic Student Conduct Resolution Officer or Chair of the Non-Academic Student Conduct Resolution Committee will determine if such a request will be granted.
  5. The right to submit, orally or in writing, an impact statement to any conduct body.
  6. The right to receive timely notification of any finding made (only in crimes of violence cases and Title IX Sexual Misconduct cases).
  7. The right to be granted, if these changes are reasonably available, a change in living assignment, academic arrangement, or other steps necessary to prevent unnecessary or unwanted contact.
  8. The right to request an appeal on the finding of an Administrative Resolution or Non-Academic Student Conduct Resolution Committee meeting in accordance with University procedures (only in cases of crimes of violence and Title IX Sexual Misconduct cases).
  9. The right to know the name of each witness (unless it will cause a clear and present danger to the witness) to appear at any conduct resolution meeting.
  10. The right to introduce documents, to call witnesses, and present other information. The right to call witnesses is accompanied by the obligation to provide the name of each witness, in writing, two (2) business days in advance of a Non-Academic Student Conduct Resolution meeting to the Non-Academic Student Conduct Resolution Officer or Chair of the Non-Academic Student Conduct Resolution Committee.
  11. The right to ask questions of any person participating in or providing information at a conduct resolution meeting. All questions asked by the Respondent or Complainant during a conduct resolution meeting conducted by the Non-Academic Student Conduct Resolution Officer or Non-Academic Student Conduct Resolution Committee Resolution are to be submitted in writing to the Non-Academic Student Conduct Resolution Officer or Chair of the Non-Academic Student Conduct Resolution Committee. The Conduct Resolution Officer or Chair has the authority to determine relevancy of questions asked by a Respondent or Complainant. In certain circumstances, questioning may be done outside the physical presence of those participating in the conduct resolution meeting.
  12. The Complainant of a Title IX Sexual Misconduct claim may be entitled to other rights as set forth in the Sexual Violence and Sexual Misconduct Policy.

H. Resolution Procedures


The Office of Student Engagement will resolve reports or complaints of a violation equitably and as promptly as practicable after the report or complaint is made. It is the responsibility of the OSE in Non-Title IX matters or the Title IX Coordinator in Title IX matters to determine the most appropriate means for addressing the report or complaint. Options include but are not limited to: 1) investigating the report or complaint as described below; 2) with the agreement of the parties, attempting to resolve the report or complaint through an informal resolution process such as mediation or a meeting between the alleged respondent and a Non-Academic Student Conduct Resolution Officer or a third party (mediation will not be used in cases involving allegations of sexual Non-Academic Misconduct or violence); or 3) determining the facts or the complaint or report even if true, would not constitute a violation of the Student Code of Conduct or applicable policy.

Where formal resolution procedures are necessary, the following procedures are employed to reach a resolution in cases of misconduct by students or student organizations. Questions regarding these procedures should be addressed to the Office of Student Engagement or to Student Housing & Residence Life. Questions regarding resolution procedures in cases of Title IX Sexual Misconduct claims should be addressed to the Title IX Coordinator.
  1. When it is alleged that a student or student group/organization has violated university standards of behavior, the Director of Student Engagement will be notified, or in a Title IX Sexual Misconduct matter, the Title IX Coordinator.
  2. For all matters other than Title IX Sexual Misconduct matters, after review by the Director of Student Engagement, if it is determined that there is reasonable cause for conduct action, the Director of Student Engagement will notify the Academic Dean responsible for the program in which the student is enrolled. The dean will determine whether the Office of Student Engagement or the dean of the school will pursue the case, in accordance with applicable process and procedure.
  3. If it is determined that the Academic Dean will handle the matter, it will be administered through the regular process prescribed for conducting non-academic conduct matters in the particular school or unit involved. Otherwise, the Director of Student Engagement or a Non-Academic Student Conduct Resolution Officer will administer the case; will meet with the student(s) involved, and paragraphs 5-9. occurs.
  4. For all Title IX Sexual Misconduct matters, the Director of Student Engagement will assign the matter to a Title IX Investigator to conduct an investigation.  If at any time during the investigation, the Title IX Investigator determines that there is no reasonable cause to believe that a policy has been violated or misconduct has occurred, the Title IX Investigator will notify the Title IX Coordinator of same and the investigation shall be concluded.  Absent such a conclusion, the Title IX Investigator will complete their investigation, a notice of charge will be provided to the Respondent and the Complainant and the Title IX Investigator will prepare a report as set forth herein.
  5. A notification letter of allegation(s) (for non-Title IX Sexual Misconduct Claims) or a notification of investigation (for Title IX Sexual Misconduct Claims) will be sent to the Respondent to their UAB email address of record, to the mailing or permanent address appearing in the University’s student information system, to an address appearing in a police report, or may be through personal contact.  A copy of the notification of investigation will also be provided to the Claimant in a Title IX Sexual Misconduct matter. The notification will include:
    1. A description of the alleged misconduct.
    2. A description of the provision of this Student Code of Conduct or other University Policy alleged to have been violated.
    3. For all non-Title IX Sexual Misconduct claims, a request to notify the Non-Academic Student Conduct Resolution Officer within five (5) business days of receipt of letter to schedule an Administrative Review meeting.
    4. For all Title IX Sexual Misconduct claims, a request to notify the Investigator to set up a meeting with the Title IX Investigator within the timeframe designated in the notice.  If the Respondent does not schedule or attend a meeting by the date specified in the notice of investigation, or if the Respondent schedules a meeting but does not attend or attends but does not participate, the Investigator may complete the investigation based on the information obtained.
    5. Information about the right to have an Advisor accompany them to the meeting.
  6. During the Administrative Review meeting or meeting with the Title IX Investigator, as applicable, Respondents shall:
    1. Have an opportunity to have an advisor accompany them to the meeting;
    2. Have their rights explained to them;
    3. Have allegations explained clearly and fully;
    4. Have the opportunity to accept or deny responsibility for the alleged conduct violation(s);
    5. Have information about resolution options explained to them;
    6. Request either an Administrative Resolution meeting before the Non-Academic Student Conduct Resolution Officer or before the Non-Academic Student Conduct Resolution Committee.
    7. Have the request for appeal process explained and advised the circumstances under which an appeal is available.
    8. For Title IX Sexual Misconduct matters, Respondent shall also have the opportunity to respond to allegations and to present relevant information to the Investigator, including identifying witnesses.
  7. For Title IX Sexual Misconduct claims, the Complainant and the Respondent shall have the right to present relevant information to the Investigator, including identifying witnesses. At the conclusion of an investigation, the Title IX Investigator shall provide a written notice of charge to the Respondent and to the Complainant prepare a written report which will include a statement of factual findings and a recommendation as to whether or not there was a violation of the Non-Academic Student Code of Conduct or University policy and a recommendation as to sanctions, if any. The standard of proof shall be a preponderance of the evidence. The Respondent and the Complainant shall be notified of the recommendation and a copy of the report will be made available to the Respondent and the Complainant for review and inspection, consistent with FERPA or other regulations regarding the disclosure of education records.  The Respondent and the Complainant may accept or reject the recommendation. If both the Respondent and the Complainant accept the recommendation, then the Title IX Coordinator will implement the recommendation and sanctions, if any. The Respondent’s and Complainant’s acceptance of the recommendation cuts off their right to appeal. If either the Respondent or the Complainant rejects any part of the recommendation, then the process will proceed as outlined in paragraphs 8 to 14, below, only as to that part of the recommendation which was rejected.
  8. If the Respondent requests an Administrative Resolution meeting with the Non-Academic Student Conduct Resolution Officer the following procedures occur:
    1. An Administrative Resolution Meeting will be scheduled within five (5) business days of the Administrative Review Meeting, unless the Respondent seeks to have Administrative Resolution Meeting conducted immediately after the Administrative Review Meeting or, in Title IX Sexual Misconduct matters, within five (5) days after the Respondent has been notified that the Title IX Investigator’s investigation is concluded.
    2. A Respondent who cannot attend a scheduled Administrative Resolution meeting must contact the Non-Academic Student Conduct Resolution Officer to request a new date and/or time at least two (2) business days prior to the hearing. It is at the discretion of the Non-Academic Student Conduct Resolution Officer if the resolution meeting will be rescheduled and a Respondent may only request one change to the date and/or time of the meeting.
    3. If, after proper notice, the Respondent does not contact the Non-Academic Student Conduct Resolution Officer to schedule an Administrative Resolution meeting, the Non-Academic Student Conduct Resolution Officer may determine the Respondent’s responsibility for the alleged violation(s) of this Student Code of Conduct and may assign sanctions based on the information in their possession without the Respondent’s participation.
    4. Administrative Resolution meetings before a Non-Academic Student Conduct Resolution Officer will be closed to the public. The Non-Academic Student Conduct Resolution Officer may choose to make an audio recording of the meeting.  If a recording is made, the transcription of the recording will become part of the Respondent’s student conduct record and recording will be destroyed once transcribed for records and until appeal is determined, if appeal is requested.
    5. Respondents and Complainants are entitled to be assisted by an advisor during an Administrative Review, Administrative Resolution, and/or resolution meeting with the Non-Academic Student Conduct Resolution Committee. Advisors are allowed to be present during a resolution meeting but only to confer with their advisee. Students electing to be accompanied by an advisor must notify the Non-Academic Student Conduct Resolution Officer at least three (3) business days prior to the resolution meeting.
    6. The Non-Academic Student Conduct Resolution Officer will explain the Administrative Resolution meeting process to the Respondent. For non-Title IX Sexual Misconduct matters, the Non-Academic Student Conduct Resolution Officer will provide the Respondent an opportunity to review applicable incident report(s) if any. The Respondent will have an opportunity to present their version of the incident, including witnesses or witness statements for the Non-Academic Student Conduct Resolution Officer to meet with or read. At the conclusion of the resolution meeting, the Respondent will have an opportunity to accept or deny responsibility for the alleged violation(s) and the Non-Academic Student Conduct Resolution Officer will explain the potential sanctions and review appeal process.
    7. For Title IX Sexual Misconduct matters, a copy of the Title IX Investigator’s Report will be provided to the Non-Academic Student Conduct Resolution Officer. Additionally, the Complainant may request an opportunity to appear before the Non-Academic Student Conduct Resolution Officer, identify witnesses for the Officer to meet or present witness statements, as set forth in the Sexual Violence and Sexual Misconduct Policy, and has a right to have an advisor present. However, the Complainant and Respondent will not be permitted to directly question each other and are not required to be present together at any point during the process, including the meeting.
    8. The Non-Academic Student Conduct Resolution Officer will notify the Respondent in writing with a summary of the resolution meeting, decision on responsibility, and assigned sanction(s) if any within ten (10) business days , unless circumstances warrant otherwise. Notification will be provided to the Complainant at the same time as notification to the Respondent for Title IX Sexual Misconduct matters. In reaching their decision, the Non-Academic Student Conduct Resolution Officer will apply a preponderance of the evidence standard.
  9. If the Respondent requests a resolution meeting with the Non-Academic Student Conduct Resolution Committee, a staff member who serves as Chair of the Non-Academic Student Conduct Resolution Committee is notified. Other members of the Non-Academic Student Conduct Resolution Committee include a faculty member and two (2) students who serve as Associate Justices selected from the Undergraduate Student Government Association (USGA) Student Court or from selected members of the Graduate Student Association (GSA). The following procedures occur:
    1. Within ten (10) business days of the Administrative Review meeting, or, in a Title IX matter, of the Respondent being notified that the Title IX Investigator’s investigation is completed, the Chair of the Non-Academic Student Conduct Resolution Committee will notify the Respondent in writing with the following information:
      1. The date, time, and location of the resolution meeting conducted by the Non-Academic Student Conduct Resolution Committee;
      2. The names of the Committee Members, and University Representative;
      3. Information about how to submit witness names to Chair;
      4. Information about how to submit Advisor name to Chair.
    2. A Respondent who cannot attend the scheduled resolution meeting must contact the Chair to request a new date and/or time for the resolution meeting at least three (3) business prior to the hearing. It is at the discretion of the Chair if the resolution meeting will be rescheduled and a Respondent may only request one change to the date and/or time of the resolution meeting.
    3. If, after proper notice, the Respondent does not appear at the scheduled date and/or time, the Committee may conduct the resolution meeting without the Respondent’s participation, determine the Respondent’s responsibility for the alleged violation(s) of the Student Code of Conduct and assign sanctions based on the information in its possession.
    4. A resolution meeting may be conducted on a non-business day at the discretion of the Director of Student Engagement or Title IX Coordinator (for Title IX Sexual Misconduct matters) with the agreement of all involved participants.
    5. For Title IX Sexual Misconduct matters, a copy of the Title IX Investigator’s Report will be provided to the Non-Academic Student Conduct Resolution Officer. Additionally, the Complainant may choose to attend the meeting before the Non-Academic Student Conduct Resolution Officer, as set forth in the Sexual Violence and Sexual Misconduct Policy, and has a right to have an advisor present. However, the Complainant and Respondent will not be permitted to directly question each other and are not required to be present together at any point during the process, including the meeting.
    6. All resolution meetings are closed to the public. Only members of the Conduct Committee, the University Representative, the Investigator (Title IX cases), the Respondent (and their advisor, if any), the Complainant (and their advisor, if any), and witnesses will typically be permitted to participate in the resolution meeting.
    7. The Chair will make an audio recording of all resolution meetings. The transcription of the recording will become part of the Respondent’s student conduct record and recording will be destroyed once transcribed for records and until appeal is determined, if appeal is requested. Conduct deliberations will not be recorded.
    8. Respondents and Complainants are entitled to be assisted by an advisor during a resolution meeting. Advisors are allowed to be present during a resolution meeting but only to confer with their advisee. Participants electing to be accompanied by an advisor must notify the Chair at least three (3) business days prior to the resolution meeting.
    9. All documents to be presented at the resolution meeting by the University Representative, Complainant and the Respondent must be submitted to the Chair at least three (3) business days prior to the resolution meeting. The Chair will provide copies of submitted documents to the University Representative, Complainant and Respondent at least two (2) business days prior to the resolution meeting, consistent with FERPA or other regulation governing the disclosure of educational records. Any documents submitted and/or discovered within three (3) business days of the resolution meeting may only be considered at the discretion of the Chair.
    10. Members of the University community are encouraged to appear at a resolution meeting as witnesses if they have knowledge or information regarding the incident in question and if they have been requested to appear. Individuals who are not members of the University community will generally be permitted to appear as a witness if they have direct knowledge or information regarding the incident in question.
      1. Character witnesses are not accepted.
      2. Witness lists must be provided by the University Representative and the Respondent to the Chair at least three (3) business days prior to the resolution meeting. The Chair will provide the University Representative with a complete witness list at least two (2) business days prior to the resolution meeting.
    11. A Respondent or Complainant may request, in writing, that a Committee member be disqualified from participating in a resolution meeting. The request must be made to the Chair at least three (3) business days before the scheduled resolution meeting and must include an explanation as to why the person is unable to make an impartial decision. In addition to determining such requests, the Chair will disqualify any Committee member who is not able, in their judgment, to make an impartial decision. If the Chair grants a disqualification request, they will select another Committee member to replace the disqualified Committee member and notify the Respondent, University Representative, and Complainant prior to the resolution meeting.
    12. Any member of the Committee or the Chair who believes that they are unable to conduct a fair and impartial resolution meeting and/or has identified a conflict of interest will disqualify themselves from participating in the resolution meeting. Such decision must be made at least three (3) business days prior to the start of the resolution meeting.
    13. The Chair is responsible for facilitating the resolution meeting and, in consultation with the University Representative, will make decisions regarding witnesses, evidence, and procedures. The Chair may exclude any person who disrupts the resolution meeting.
    14. At the resolution meeting, the Chair will explain the resolution meeting process to the Respondent, University Representative, Investigator (Title IX cases), Complainant, and other participants. The Committee will hear and receive information and witnesses presented by the University Representative supporting the alleged violation(s). The Committee will then hear and receive the Complainant’s and Respondent’s information, witnesses, and perspective about the incident, review the applicable report(s) and other evidence, and ask questions of the Complainant and Respondent and witnesses. The Complainant and Respondent will also have the opportunity to submit questions to the Chair regarding participating witnesses. The Chair will determine relevancy of the questions submitted. The University Representative will have an opportunity to ask questions of the Respondent. The Chair will conclude the resolution meeting by explaining next steps in the process.
    15. After concluding a resolution meeting, the Committee will deliberate privately. The determination(s) of the Committee will be made by majority vote.
      1. The Committee will first determine whether the Respondent is responsible for the alleged violation(s). If the Respondent is found not responsible for all alleged violation(s), the matter will be dismissed and concluded without further proceedings for the Respondent.
      2. In determining whether or not a Respondent is responsible for violating this Student Code of Conduct, the Committee will base its fact-finding determination(s) on the Preponderance of the Evidence standard.
      3. If the Respondent is found responsible for one or more of the alleged violation(s) of this Student Code of Conduct, the Committee will determine fair and appropriate sanction(s) and make sanction recommendations. While determining fair and appropriate sanction(s) the Chair will notify the Committee of the Respondent’s previous student conduct history. Previous student conduct history will be limited to student conduct cases where the Respondent accepted responsibility, or was found responsible for violating this Student Code of Conduct. Cases where the Respondent was not found responsible for violating this Student Code of Conduct or all charges were dismissed will not be introduced.
      4. When notifying the Committee of a Respondent’s student conduct history, the Chair will provide the date of the incident, a description of the violation(s), and the assigned sanctions. However, information which implicates federal privacy laws or is protected from disclosure (e.g. FERPA, HIPAA) may be excluded.
    16. After the conclusion of deliberations, the Chair will compile a Student Conduct Resolution Report summarizing the alleged violation(s) of this Student Code of Conduct, the Committee’s findings as to each alleged violation, and sanction recommendations, if any and will forward the report within five (5) business days to the Director of Student Engagement who will review the findings and recommended sanction(s), if any.
    17. After reviewing the report, the Director of Student Engagement will forward the report to the Chair who will notify the Respondent and the Complainant in writing with the Student Conduct Resolution Report and assigned sanction(s), if applicable within five (5) business days of receiving the report from the Director of Student Engagement, unless circumstances warrant otherwise.
  10. During the Administrative Resolution meeting or meeting with the Non-Academic Student Conduct Resolution Committee, students are given the opportunity to respond to the allegation(s). They are also given the opportunity to refute oral and/or written information provided by witnesses. In addition, Respondents and Complainants have an opportunity to bring to the Administrative Resolution meeting or meeting conducted by the Non-Academic Student Conduct Resolution Committee, one (1) advisor of their choice. The advisor does not participate in the resolution meeting, but will serve only in an advisory capacity to the Respondent and Complainant involved. The proceedings shall not be delayed due to the scheduling conflicts of the chosen advisor.
  11. A finding will be determined whether the respondent is found responsible (“in violation”) of the allegation(s) or not responsible (not “in violation”) of the allegations(s) is made by the Non-Academic Student Conduct Hearing Officer or Non-Academic Student Conduct Resolution Committee. The standard of evidence used to determine responsibility is a “preponderance of the information” (“more likely than not”). The resolution meeting finding is sent to the Respondent’s and the Complainant’s UAB email address of record, to the mailing or permanent address appearing in the University’s student information system, to an address appearing in a police report, or may be through personal contact.
  12. Either the Respondent or Complainant may request an appeal for resolution meeting findings within (5) business days of receiving notification of the finding. (See Request an Appeal Procedures, Section I).
  13. When suspension or expulsion are recommended by the dean, Non-Academic Student Conduct Resolution Officer, or Non-Academic Student Conduct Resolution Committee, the Vice Provost for Student and Faculty Success and the University Provost receives the recommendation, reviews the case, and makes a final decision regarding the recommendation. The response to the recommendation will be communicated to the student(s) involved by the Vice Provost for Student and Faculty Success. Similar due process procedures will be available for student groups/organizations.
  14. An unexcused absence from a resolution meeting, without just cause, may result in sanctions being imposed, based upon the available evidence. It may also result in additional charges per Section J., Responsibility 4.

Sanction Statement

Any student found responsible for violating the provision on non-consensual sexual intercourse will likely receive a sanction of suspension or expulsion. Any student found responsible for violating the provision on non-consensual sexual contact, sexual exploitation, or sexual harassment will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident and taking into account any previous conduct code violations. The OSE reserves the right to broaden or lessen any range of recommended sanctions in the event of mitigating factor or egregiously offensive behavior.

Retaliation

Parties who believe they have been retaliated against due to participating in the student conduct process should notify the OSE. The OSE will follow up with Complainants to determine whether any retaliation or new incidents or harassment have occurred. Retaliation against any party participating in the student conduct process is prohibited and will be investigated by the OSE. To be considered retaliation there must be causal connection between a materially adverse action and the act of reporting a violation or participating in a conduct proceeding. A materially adverse action is one that would dissuade a reasonable person from reporting a violation, and includes, but is not limited to, intimidation, threats, coercion, or discrimination. A determination of whether an action is materially adverse is made on a case-by-case basis.

I.  Request an Appeal Procedures


Upon receiving notification of the outcome of a resolution meeting, the student or student organization has the right to request an appeal of the finding of responsibility and/or the assigned sanction(s). A student or student organization accepting responsibility in an Administrative Resolution meeting or meeting by the Non-Academic Student Conduct Resolution Committee may only appeal the severity of any sanction assigned by the Non-Academic Student Conduct Resolution Officer or Non-Academic Student Conduct Resolution Committee.
  1. A request for an appeal must be submitted in writing to the Assistant Vice President for Student Life within five (5) business days from the date of notice of the original decision. The appeal must specify the grounds for the appeal in accordance with Section I. D. and include all the reasons, evidence, and arguments in support of the appeal. Failure to appeal within the specified time period will make the original decision final and conclusive.
  2. Upon receipt of the request for appeal, the Director of Student Engagement or their designee will determine whether the written request meets the established grounds for appeal and are within the appeal filing timeline that is allotted. If students or student organizations do not meet the established grounds for appeal or do not appeal within the allotted timeframe, the appeal will not be submitted to the Assistant Vice President for Student Life and the student forfeits their right to appeal. In rare cases, circumstances outside a student’s control may occur, which prevent an appeal from being submitted by the deadline. Should this situation occur, the student must explain why they did not meet the deadline, and the Director of Student Engagement or their designee, will make a determination if the appeal is submitted to the Assistant Vice President for Student Life.
  3. The review by the Assistant Vice President for Student Life will be completed within thirty (30) business days of the date of receipt of the student’s letter, if at all possible. The Assistant Vice President for Student Life has the authority to:
    1. Affirm the initial finding.
    2. Find that improper procedures were used, to the prejudice of the student or group. In this case, the Assistant Vice President for Student Life can refer the case back to the Non-Academic Student Conduct Resolution Officer or Non-Academic Student Conduct Resolution Committee with a recommendation on how to correct the procedures. The Non-Academic Student Conduct Resolution Officer/Non-Academic Conduct Resolution Committee may make a new decision on the case. The student or group may then submit another request for appeal if the student again has grounds to appeal after the new decision.
    3. Reduce or increase the sanctions/interventions.
    4. Find that (a) the student or group has presented information that would have been material to the outcome of the case, had the information been presented at the resolution meeting, and (b) the information was not known to the person appealing at the time of the resolution meeting. In this event, the Assistant Vice President for Student Life will refer the case back to the Non-Academic Student Conduct Resolution Officer or the Non-Academic Student Conduct Resolution Committee for reconsideration in light of the new information.
    The decision of the Assistant Vice President for Student Life is final.

    In any case with an element of gender-based violence, or crime of violence, the Complainant has the right to request an appeal. All appeals, whether filed by a Complainant or Respondent must be made in accordance with procedures outlined in this section. A request for appeal is the final step in the conduct process. A request for appeal is not a new resolution meeting, but is a review of the record of the original resolution meeting. When submitting a request for appeal, the student must provide a rationale for the appeal and adequate information (including documentation) to support the appeal.
  4. Grounds For Appeal Requests
    A request for appeal must be based on one or more of the following:
    1. The established procedures were not followed, in a significant way, and as a result, the findings, the sanctions, or both, were not correct.
    2. The severity of the sanction/intervention imposed is not appropriate or is disproportionate based on the nature of the violation or the circumstances;
    3. There is new information that would have been material to the outcome; had the information been presented at the Administrative Resolution meeting or meeting conducted by the Non-Academic Student Conduct Resolution Committee. Information is not considered new if the student did not attend the original resolution meeting or voluntarily withheld information during the original resolution meeting. The new information must be included with the student’s request for appeal. Also, the student must show that the new information could not have been presented at the Administrative Resolution meeting or meeting conducted by the Non-Academic Student Conduct Resolution Committee.
    If the request for appeal is not based on one of these grounds, the request will be denied.

J.   Non-Academic Student Code of Conduct


The University is a community of scholars and learners, and, therefore, all participants are expected to conduct themselves in a manner that: 1) facilitates the institution’s pursuit of its educational objectives; 2) exhibits a regard for the rights of other members of the academic community; and 3) contributes to the maintenance of a healthy learning environment. Through appropriate due process procedures, conduct action will be taken in response to behavior that violates these principles. The Office of Student Engagement supports the academic mission of the University by protecting the rights of all members of the University community and by promoting integrity, community, social justice, responsibility, respect, and responsibility by enforcing community standards.

As used in this policy, “non-academic misconduct” includes, but is not limited to student behavior on campus or behavior while a student is participating in a University sponsored activity off campus. Incidents of student misconduct are subject to the University’s non-academic conduct process. UAB students who commit an offense off-campus, while involved in non-University sponsored activities may also be subject to the non-academic conduct process, notwithstanding the fact that such conduct may be subject to legal process, as well.

It is the responsibility of each student to become familiar with these regulations. It is the duty of all students who are potential parties or witnesses to an alleged violation of the code to participate conscientiously. Students have a duty to cooperate and discuss an incident with a conduct resolution officer, over the telephone or in person, adhere to stated deadlines, attend scheduled meetings, and participate in all proceedings. Failure to meet these duties may result in a decision being made without the benefit of the student’s participation or may result in a student being charged with failing to comply with the direction of a University official.

Anyone may file a formal complaint against a student or student group/organization alleging a violation(s) of the Non-Academic Student Code of Conduct or related University regulation or policy. The unexcused failure of a student to appear and/or respond to the conduct process does not prevent the University from proceeding with the conduct process.

The conduct listed below is prohibited and in opposition to the core values set forth in this policy. Any attempts to commit and/or aiding, abetting, or inciting others to commit the conduct listed below is also prohibited by this code. Engaging in retaliatory acts against a person who reports an alleged violation of the code or testifies, assists, or participates in a conduct proceeding or investigation is also prohibited by this code.

Integrity: UAB students exemplify honesty, honor, and respect for the truth in all their dealings. Behavior that violates this value includes, but is not limited to:
  1. Providing false information to the University, withholding material information from the University, making false oral or written statements to any University official, conduct officer, or conduct body in performance of their duties or knowingly using/possessing false, falsified, fabricated, altered, duplicated or forged materials, timesheets, documents, accounts, identification, financial instruments, records, keys, vehicle or other resource. The submission of false information at the time of admission or readmission is grounds for rejection of the application, withdrawal of any offer of acceptance, cancellation of enrollment, dismissal, or other appropriate non-academic conduct action.
  2. Unauthorized entry to any University building, facility, room, vehicle, including campus construction sites and roofs, or unauthorized possession, duplication, or use of means of access to any University building, facility, room, vehicle or failing to report a lost University identification card or key.
  3. Attempted or actual theft of property of the University or property of another, including goods, services, and other valuables. This includes knowingly taking or maintaining possession of stolen property and/or property obtained without the owner’s permission whether on or off campus, and/or electronic identity. This also includes unauthorized use of ATM, phone, or credit cards; checks; UAB ID cards; keys, or computer systems.
  4. Permitting another to use their University identification card, impersonating another, misrepresenting authorization to act on behalf of another, or communicating under the rubric of an organization, entity, or unit that you do not have authority to represent.
  5. Knowingly instituting a false complaint against another person.
  6. The operation on campus of student organizations not properly recognized and registered.
  7. Collusion. Action or inaction with another or others to violate the Code of Conduct.
  8. Trust. Violations of positions of trust or authority within the community.
  9. The unauthorized release or use of confidential student or University information/records.
  10. Invasion of Privacy. The recording, filming, photographing, viewing, transmitting, or producing the image or voice of another person without his/her knowledge and expressed consent when such a recording, film, and/or photograph is likely to cause injury or distress to the individual being recorded, filmed, and/or photographed is prohibited. In addition, looking through a hole opening, into, or otherwise viewing, by means of any instrumentality, the interior of a private location without the subject’s knowledge and expressed consent is also prohibited.
  11. Knowingly violating the terms and conditions of any assigned sanction/intervention, or interim action.
  12. Failure to follow established University or Student Housing policies, rules, and regulations.
  13. The unauthorized possession, receipt, or use of UAB services, equipment, resources, or properties for personal gain or use for an unauthorized purpose.
  14. Trespassing on University grounds.
  15. Solicitation of and by students or student organizations for money, goods, or services without authorization.
  16. Acts of dishonesty. To defraud, lie, tamper with, or scam to receive something of value or to mischaracterize so as to give a false belief or conclusion about something in a way that is harmful to another.

Community: UAB students build and enhance their community. Behavior that violates this value includes, but is not limited to:
  1. Disruptive behavior. Substantial disruption of, or interference with, any University activity, including, but not limited to, teaching, research, administration, conduct proceeding, recreation, meeting, police or fire responses, or other University activities , on or off campus, and/or other authorized non-University activities, when the act occurs on University premises. Classroom disruption may include, but is not limited to: non-approved use of electronic devices; cursing or shouting at others in such a way as to be disruptive; or, other violations of an instructor’s expectations for classroom conduct.
  2. Rioting. Causing, inciting, or participating in any disturbance that presents a danger to self and others, causes physical harm to others, or damage and/or destruction of property. This includes, but is not limited to: disruptive picketing, protests, or demonstrations.
  3. Unauthorized Entry. Attempted or completed entry into or exit from University property or property belonging to others. This includes unauthorized use of any University building, facility, room, office, vehicle, equipment, or area without reservations through the appropriate University authorities. This also includes trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a University building.
  4. Damage, Defacement, Destruction. Engaging or participating in acts or attempted acts of vandalism, damaging, misuse, removal, or malicious destruction of University property or property belonging to another, either on or off campus. This includes, but is not limited to: littering or unauthorized chalking of University property.
  5. Violation of the UAB Information Technology Computer Policy. To include, but not limited to, failing to comply with laws, license agreements, and contracts governing network, software and hardware use; abuse of communal resources; failure to protect your password, or use of your account; breach of computer security, harmful access or, invasion of privacy; use of computing facilities to send or view obscene or threatening messages, or make or use illegal copies of copyrighted software or other copyrighted works. Students who connect their personal computers to the campus network will be held responsible for any violation of this policy that originates from that computer. (See IT Policies)
  6. Gambling. Gambling as prohibited by the laws of the State of Alabama. Gambling may include unlawful games of chance for money or anything of value and the sale, barter, or other disposition of a ticket, order, or any interest in a scheme of chance by any name.
  7. Weapons. Possessing, using, displaying, carrying, or storing firearms including, but not limited to, air rifles, air pistols, BB guns, stun guns, Tasers, air/gas/spring-operated paintball or pellet guns, potato guns, imitation weapons/realistic-looking toy guns, ammunition, explosives, incendiary devices, fireworks, dangerous chemicals, or other dangerous objects/projectiles such as slingshots, arrows, axes, machetes, daggers, nun chucks, swords, or throwing stars on University premises or at any University- sponsored or supervised activity is prohibited except as permitted by law. The term weapon may also be defined as any object or substance designed to inflict a wound, cause injury or pain, or to incapacitate. This definition also includes any harmless instrument that could reasonably appear to a reasonable person as being a weapon. (See Dangerous Weapons and Firearms Policy)
  8. Tobacco. Use of tobacco or smoking-related products including any product to mimic tobacco products or the smoking or vaping of any other substance is prohibited within all buildings, facilities, vehicles, and spaces (including covered walkways, covered parking, parking lots commons, parks, and campus greens) that are owned, rented, leased, or otherwise controlled by the University and otherwise in accordance with city ordinance. This includes but is not limited to cigarettes, cigars, cigarillos, smokeless tobacco, electronic cigarettes, pipes, bidis, and hookahs. This does not include nicotine gum or patches.
  9. Projectiles. Throwing or casting any object off, into, upon, or against any building, structure, motor vehicle, or at any person is prohibited.
  10. Fire/Police Safety. Any action that Interferes with, obstructs, or disrupts police or fire responses. This includes, but is not limited to:
    1. Resisting or fleeing a police officer.
    2. Failing to abide by the directions of a peace officer.
    3. Tampering with, impairing, disabling, misusing, or improperly engaging University fire protection systems such as smoke detectors, fire extinguishers, sprinklers, or alarms.
    4. Failing to evacuate a University controlled building during a fire alarm or fire drill.
    5. Any action that causes or attempts to cause a fire, explosion, including bomb threats, or any intentionally false reporting of a fire.
  11. Intentionally initiating or causing to be initiated any false report, warning, threat of fire, explosion, or other emergency or catastrophe concerning the university and University sponsored activities.
  12. Ineligible Pledging or Association. Pledging or associating with a student organization without having met eligibility requirements established by the University.
  13. Animals. Animals (wild or domesticated, warm-blooded or cold-blooded), with the exception of service and/or assistance animals are not permitted in University buildings except as permitted by University policy and by law. Threatening or endangering the health and/or safety of an animal is prohibited.
  14. Wheeled Devices. Skateboards, roller blades, roller skates, bicycles, and other similar wheeled devices are not permitted to be used inside University buildings or residence halls.
  15. Leaving minor children unattended while on campus or persons not officially enrolled and attending classes or participating in a University activity.
  16. Traffic and Parking. Failure to observe parking regulations. Obstructing the flow of pedestrian or vehicular traffic. Also includes tampering with, removal or theft of wheel locks, barricades, traffic cones, or traffic control devices.
  17. Operating a business. State property or facilities may not be used for personal profit, sale, and/or solicitation (including door-to-door sales and/or distribution of advertisements). This includes, but is not limited to, the commercialization of rooms, the use of any space for gambling, or to solicit students or patrons for private businesses.

Social Justice: UAB students recognize that respecting the dignity of every person is essential for creating and sustaining a flourishing University community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all members of the community. They act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others. Conduct that violates this value includes, but is not limited to:
  1. Bias-Motivated Incidents. Any violation of the Non-Academic Student Code of Conduct that is determined to have been motivated by a consideration of sex, gender identity/expression, race, color, age, national origin, creed, disability, religion, sexual orientation, pregnancy, or veteran status may subject the student to the imposition of a sanction more severe than would be imposed in the absence of such motivation.
  2. Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (sex, gender identity/expression, race, color, age, national origin, creed, disability, religion, sexual orientation, pregnancy, or veteran status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the University’s educational program or activities.
  3. Harassment. Any unwelcome conduct based on actual or perceived status including: sex, gender identity/expression, race, color, age, national origin, creed, disability, religion, sexual orientation, pregnancy, or veteran status. Any unwelcome conduct should be reported to University officials who will act to remedy and resolve reported incidents on behalf of the victim and community.
  4. Retaliation. Any intentional, adverse, action taken by an responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant of a University grievance proceeding. Retaliation is a form of harassment and is a violation of this policy.
  5. Abuse of the Conduct Process. Abuse or interference with, or failure to comply in, University processes including conduct hearings including, but not limited to:
    1. Falsification, distortion, or misrepresentation of information.
    2. Failure to provide, destroying, or concealing information during an investigation of an alleged policy violation.
    3. Attempting to discourage an individual’s proper participation in, or use of, the University conduct system.
    4. Harassment (verbal or physical) and/or intimidation of a member of the Non-Academic Student Conduct Resolution Committee or Non-Academic Student Conduct Resolution Officer prior to, during, and/or following a University conduct proceeding.
    5. Failure to comply with the sanction(s) imposed by the University conduct system.
    6. Influencing, or attempting to influence, another person to commit an abuse of the University conduct system.
  6. Complicity. This includes any student or student organization or group failing to:
    1. Appropriately address known or obvious violations of the Code of Conduct or law;
    2. Bring the violation to the awareness of a staff member; or
    3. Leave the scene of the violation, if not responsible for the space in which the violation is occurring.
Students may be sanctioned to the same extent as if they had committed the violation. Students are responsible for their guests’ behavior and may be sanctioned as if they had committed the violation themselves.

Respect: UAB students show positive regard for each other and for the community. Behavior that violates this value includes, but is not limited to:

  1. Physical Abuse. Any physical abuse, restraint, or harm of any person. Being involved in fighting, including the use of physical force, violence, intoxicants, or other substances to restrict the freedom of action or movement of another person or to physically endanger the health and/or safety of another person(s) or group.
  2. Threatening Behaviors:
    1. Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
    2. Intimidation. Implied threats or acts (physical or verbal) that cause a reasonable fear of harm in another.
    3. Coercion. Pressuring another unreasonably until an act is not truly voluntary.
  3. Bullying and Cyberbullying. Bullying and cyberbullying are intentional repeated and/or severe aggressive behaviors that a reasonable person should know will intimidate, cause fear, or cause physical and/or emotional harm and/or control to one or more individuals and are not protected by freedom of expression.
  4. Hazing. Any action taken or situation that either intentionally or unintentionally endangers the mental or physical health, safety, or welfare of any person within the University community, or that destroys or removes public or private property, for the purpose of initiation, participation, admission into, affiliation with, or as a condition of continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent and/or failing to discourage and /or failing to report those acts may also violate this policy. Hazing includes, but is not limited to, any abuse of a mental or physical nature; forced consumption of any food, liquor, drugs, or substances; forced activity that could adversely affect the health or safety of an individual; or forced road trips. Hazing also includes any activity that would subject the individual to embarrassment or humiliation, the willingness of the participant in such activity notwithstanding.
  5. Dating Violence. Violence by a person who is or has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction. This includes threats, assault, property damage, and violence or threat of violence to one’s self or to the family members of the sexual or romantic partner when used as a method of coercion, control, punishment, intimidation, or revenge.
  6. Domestic Violence. Includes violent misdemeanor and felony offenses committed by:
    1. A current or former spouse of the victim.
    2. A person with whom the victim shares a child in common.
    3. A person who is cohabitating with or has cohabitated with the victim.
    4. A person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Alabama, or anyone else protected under domestic or family violence law.
  7. Stalking. A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress. Stalking behaviors may include, but are not limited to:
    1. Following or approaching a person, someone with whom that person has or has had a continuing relationship, or a member of that person’s family or household;
    2. Contacting a person, someone with whom that person has or has had a continuing relationship, or a member of that person’s family or household whether or not conversation ensues;
    3. Placing a person, someone with whom that person has or has had a continuing relationship or a member of that person’s family or household under surveillance;
    4. Repeated unwanted communications of any type, including face to face, telephone calls, email, text messages, and social media:
    5. Sending unwanted gifts;
    6. Trespassing and/or
    7. Vandalism.
  8. Sexual Misconduct. Includes, but is not limited to sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and sexual exploitation, but in any event, always includes sexual assault, domestic violence, dating violence and stalking:
    1. Non-consensual sexual intercourse: Any sexual intercourse whether anal, oral, vaginal (or an attempt to commit the same) however slight, with any object, by a person upon another person, and, without that person’s consent or by physical force. Intercourse is 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).
    2. Non-consensual sexual contact: Any intentional sexual touching (or attempt to commit the same), however slight, with any object, by a person upon another person, and, without consent or by physical force. Sexual touching is any intentional contact with the breasts, buttocks, 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; or any intentional bodily contact in a sexual manner not involving these body parts.
    3. Sexual exploitation: taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
      • Exposing one’s genitals in non-consensual circumstances or inducing someone to expose their genitals;
      • Exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to be witness to one’s consensual sexual activity;
      • Engaging in voyeurism (Peeping Tom) or facilitating the voyeurism of others;
      • Non-consensual video or audio recording of sexual activity;
      • Prostituting another student; and/or
      • Knowingly transmitting a sexually transmitted disease/infection or HIV to another student
    4. Sexual harassment: Interaction between individuals of the same or opposite sex that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, living conditions, and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating with an intimidating, hostile, or offensive working or educational environment.
    Hostile environment sexual harassment is unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile, or offensive. The determination of whether an environment is “hostile” must be based on all the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating. Simple teasing, offhand comments and isolated incidents (unless extremely serious) will not amount to hostile environment harassment.

    (See UAB Equal Opportunity and Discriminatory Harassment Policy)
    (See Guide for Victims of Sexual Assault)
    (See Sexual Harassment Guide)
  9. Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
  10. Conduct that is disorderly, lewd, indecent, or a breach of peace. Any unreasonable or reckless conduct by an individual or group that is inherently or potentially unsafe to other persons or their real or personal property and/or or any behavior by an individual or group that disrupts the peace or interferes with the normal operation of the University or University-sponsored activities.

Responsibility: UAB students are given and accept a high level of responsibility to self, others, and to the community. Behavior that violates this value includes, but is not limited to:

  1. Drugs. Use, possession, distribution, transporting, providing, manufacturing, selling, attempting to sell, cultivating, or being under the influence of any drugs, and/or other controlled substances and/or drug paraphernalia in violation of law or University policies. Drug paraphernalia includes all equipment, products, and material of any kind that are used to facilitate, or intended or designed to facilitate, drug use. Use or possession of marijuana, including Medical Marijuana, is prohibited. This prohibition includes students who knew, or reasonably should have known, they were in the presence of illegal drugs and/or drug paraphernalia whether they used the substance or not. This includes misuse of legal substances, inhaling a substance (other than in connection with its intended purpose) and/or other recreational substances used as if drugs as a “means to get high.” (See UAB Drug-Free Campus Policy for Students)
  2. Alcohol. Use, possession, distribution, transporting, providing, manufacturing, purchasing, selling, attempting to sell, dispensing, exchanging, or being under the influence of alcoholic beverages in violation of law or University policies. This prohibition includes students under the age of 21 who knew, or reasonably should have known, they were in the presence of alcoholic beverages and/or alcohol containers, whether they consumed the alcohol or not. An individual who is 21 or older is prohibited from storing alcohol in a common area refrigerator when living on campus with an individual who is under the age of 21. This prohibition also includes possession and/or consumption of alcohol in the presence of any person under the age of 21. Drinking games and devices designed for the rapid consumption of alcohol (e.g. beer pongs or funnels) are also prohibited on campus, whether alcohol is involved or not. (See UAB-wide policy) (See also Medical Amnesty Policy)
  3. Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the - counter medications. This includes possession, distribution, selling, sharing, or use of another’s prescription medication.
  4. Failure to Comply. Failure to comply with the instructions, directions, requests, or orders of University officials who are acting in the performance of their duties. Including, but not limited to, an instruction to present identification, not leaving areas when requested to do so, engaging in verbal and/or physical abuse directed toward University officials, emergency personnel, or law enforcement officials, an instruction to appear at conduct proceedings or other mandatory meetings, appear as a witness when reasonably notified to do so, or failing to cooperate with an investigation. This includes failure to fulfill any sanction(s) assigned as a result of a resolution meeting.
  5. Financial Responsibilities. Failure to promptly meet financial responsibilities to the University, including, but not limited to; knowingly passing a worthless check or money order in payment to the University or to an official of the University acting in an official capacity.
  6. Behavior during the conduct process/review and/or resolution meeting involving contemptuous, disrespectful, or disorderly behavior, including, but not limited to, intimidation or harassment of witnesses, attempting to improperly influence the impartiality of a representative of the Non-Academic Student Conduct Resolution Committee or Non-Academic Student Conduct Resolution Officer, failure to participate in a review and/or resolution meeting, and/or providing false or misleading information/evidence to a Non-Academic Student Conduct Resolution Officer or to the Non-Academic Student Conduct Resolution Committee.
  7. Inappropriate Behaviors. Any action or any series of actions that interferes with individuals’ academic efforts, personal safety, or participation in University- sponsored activities is prohibited.
  8. Violations of Law. Evidence of violation of local, state, or federal laws, when substantiated through the University’s non-academic student conduct process.
  9. Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.).
  10. Guests. Students and groups are responsible for notifying their guests of University rules and regulations and may be held accountable for the conduct of their guests. Guests can be UAB students or non-students. Guests on campus who do not abide by University policies are subject to being trespassed. Students are responsible for the behavior of visitors to their room/apartment and may be found responsible for behavior that occurs there whether or not the occupant(s) is/are present.

K. Sanctions/Interventions


A student or group found responsible for a Student Code of Conduct violation shall be subject to sanctions/interventions commensurate with the offense with consideration given to any aggravating and mitigating circumstances, including, but not limited to, the student’s conduct record. It is the student’s responsibility to review their conduct record, and the student will be deemed to have knowledge of their record of previous conduct violations and sanctions, whether or not the student chooses to review the record. The University reserves the right to create other sanctions based on the nature of the misconduct. A Respondent’s student conduct record is cumulative. Therefore, increased sanctions/interventions may be assigned to take into consideration the Respondent’s overall record of violations of all types. When a Respondent accepts responsibility for violating this Student Code of Conduct or is found responsible for violating this Student Code of Conduct, one or more of the following sanctions/interventions may be assigned:

Informal Warning

An oral or written warning that a student is violating University regulations. No formal charges are required before the issuance of an informal warning. No official record of an informal warning shall be maintained.

Formal Warning

A formal written warning that a violation of the Student Code of Conduct has occurred and that continued or repeated violations of the Student Code of Conduct or other University Policies may be cause for further conduct action. A record of a formal warning shall be maintained.

Parental/Guardian Notification

In cases of violation of University alcohol and drug policies involving students under 21 years of age at the time of the violation, the University may notify the student’s parent or guardian of the violation. The University also reserves the right to notify parents or guardians regarding the health and safety of a student.

No Contact Order

A No Contact Order is a directive to refrain from any intentional contact, direct or indirect, with one or more designated persons or group(s) through any means. This includes, but is not limited to, comments, words or gestures in person, through mail, e-mail, social networking sites, telephone, or third parties. The student or student group/organization will be notified of this directive in writing. This may be a result of or after a resolution meeting. In some cases, this directive may be in effect outside of the initiation of any resolution proceedings. The person(s) who is protected by this directive may receive a written statement detailing the directive as permitted by applicable law. Violating a No Contact Order may result in further conduct action from The University of Alabama at Birmingham.

Conduct Probation

Conduct probation lasts for a specific period of time during which the student is not in good standing with the University. Any violation of the Student Code of Conduct or the conditions of conduct probation committed during the probationary period may result in further conduct action. Additional behavioral expectations that are consistent with the nature of the violation may also be imposed. Conditions of probation may be set forth which restrict the student’s participation in co-curricular activities. During the probationary period, a student may be requested to attend Probationary Review Meetings with a staff member of the Office of Student Engagement.

Loss of Privileges and Exclusion from Activities

An exclusion from participating in designated privileges and activities for a specified period of time. Loss of privileges may include, but may not be limited to, denial of the right to represent the University, a denial of the use of campus facilities, or access to areas of campus, denial from participation in co-curricular activities, or denial of computer network access.

Restorative Actions

The student or group/organization is required to engage in actions to restore the impact of a violation and repair the harms resulting in the misconduct on other members of the community. These actions may include but not limited to: letters of apology, drafting and implementing a plan of resolution, attending a facilitated meeting with the harmed individual or group of students.

Campus and/or Community Service

A student or group is required to perform a specific number of hours to an appropriate non-profit community agency and/or to a University office/department. Designed to benefit the community and help the student understand why certain behavior was inappropriate.

Facility Suspension

A student no longer has the privilege of entering or using a particular facility or building for a specified period of time or until a specific condition is met.

Facility Expulsion

Facility expulsion entails the permanent loss of privileges to use a building of facility for an unlimited period of time.

Educational Assignment/Initiatives

A student or group is required to complete an educational assignment related to the violation committed. Such educational assignments may include attending a workshop, lecture, class, or alcohol/drug education program; complete a report, reflection paper, or project; or be involved with the community in a way that brings about a new understanding of the community and how his/her behavior may have impacted others, for example interviewing a campus official. This is not an exhaustive list but serves as a reference for the types of educational assignments that may be imposed.

Residence Hall Transfer or Removal

A student is required to transfer residence halls or is removed from the residence halls for a specified or indefinite period of time.

Restitution

Compensation for damage, loss of property, or expenses of others as a result of the misconduct. This includes compensation for misappropriation of University funds as well. Compensation can be in the form of campus/community service, money, or material replacement.

Restriction from Employment at the University

Prohibition or limitation on University employment.

Removal from Specific Courses

Suspension or transfer from courses at the University for a specific period of time.

Suspension

The termination of student status for a specific period of time with the defined reinstatement thereafter certain, provided that the Respondent has complied with all conditions assigned as part of the suspension and is otherwise qualified for reinstatement. Suspensions will normally take effect in the academic semester immediately following the sending of the notice of final sanctions to the Respondent, unless the incident involves harm to self or others, threats, or violence, or other circumstances warranting an immediate suspension. During a suspension period, a student is not allowed to be on campus. Any suspended individual found on campus during the suspension period may be issued a trespass warning by the UAB police and may be subject to arrest. Any student suspended will have a conduct hold placed on their registration and must schedule a meeting with the Office of Student Engagement prior to registering/returning. Violation of the conditions of suspension or of this Non-Academic Student Code of Conduct or University policies during the period of suspension may be cause for further conduct action.

Expulsion

The permanent termination of student status.

Additional Sanctions

Additional sanctions may include, but are not limited to, requiring the student to attend a counseling, drug, or alcohol consultation, required to have drug/alcohol testing, or required to have a psychological or psychiatric evaluation.

If a student fails a drug test, additional sanctions may include, but are not limited to, requiring the student to complete educational assignments, requiring the student to have a drug assessment, requiring the student to seek treatment, or attend a counseling consultation. Depending on the circumstances of a failed drug test, a student may also be suspended, or expelled from The University of Alabama at Birmingham.

In situations involving some of the sanctions listed above, a student may be asked to relinquish any University office held. If student leaders are charged with a violation of serious non-academic misconduct, they may be removed from the leadership position until the matter is resolved. Sanctions may also result in permanent removal from leadership positions. This may also include their representing the University in any capacity. This could also result in the loss of certain scholarships and financial aid. In addition to the sanctions described, the Non-Academic Student Conduct Resolution Officer or Non-Academic Conduct Resolution Committee may apply or recommend additional sanctions.

Failure to complete a required sanction is a serious offense. It is considered an additional violation of the Non-Academic Student Code of Conduct (Section J. Responsibility 4.), and will usually result in more serious sanctions being imposed. Within one (1) week of a student’s failure to complete a sanction, a conduct hold will be placed on the student’s records, and any pre-registration that the student might have already conducted. Students refusing to complete sanctions also place themselves at risk of being suspended or expelled from The University of Alabama at Birmingham.

L. Interim Actions


Under this Student Code of Conduct, the Assistant Vice President for Student Life or their designee may impose restrictions and/or separate a student from the University pending the scheduling of a resolution meeting on alleged violation(s) of the Student Code of Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property and/or to prevent disruption of, or interference with, the normal operations of the University. Interim actions can include separation from the University or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of a resolution meeting on alleged violation(s) of the Student Code of Conduct. A student who receives an interim suspension or expulsion may request a meeting with the Assistant Vice President of Student Life or designee within five (5) business days to discuss the following issues only:
  1. The reliability of the information concerning the student’s alleged misconduct.
  2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses an imminent danger or substantial harm to others, or to property.
Regardless the outcome of this meeting, the University may still proceed with the scheduling of a campus conduct hearing. The Assistant Vice President for Student Life or designee may affirm the interim suspension or expulsion or lift the temporary suspension or expulsion. The student shall be notified of the decision in writing. The student will then be asked to meet with the Non-Academic Student Conduct Resolution Officer for the purpose of reviewing the non-academic student conduct process and speaking with the student about their options. A resolution meeting will then be scheduled at the earliest possible time.

Interim actions usually include physical exclusion from the campus. Students who live on campus will be immediately removed from the residence hall and are not allowed to re-enter any campus residence hall or remain on campus. Such interim actions may exist and be enforced until a final decision has been made on the pending complaint by the properly constituted authorities.

All students are expected to comply with federal, state, and local laws. When a student is convicted of such a violation and circumstances indicate that the student’s continued presence on campus creates imminent danger or substantial harm to the student, to any member of the University community, University property, or to the educational processes of the University, the University may immediately suspend or expel a student from the University and/or remove from classes or residence halls, pending final disposition of the case.

M. Re-Admittance after Suspension


Following a suspension, students are required to contact the Office of Student Engagement. All sanction requirements must be documented and completed. A Non-Academic Conduct Resolution Officer will review the case and meet with the student. A re-admit plan will be made with the student.

Students may be temporarily trespassed from campus and/or issued a No Trespass Order pending the outcome of the case.

N. Special Circumstances


Medical or Psychiatric Evaluation/Involuntary Withdrawal

In order to create a safe and healthy learning environment and to ensure the well-being of the University community, The University of Alabama at Birmingham may initiate an involuntary withdrawal of a student. This process is not a routine substitute for non-academic student conduct action when there is a violation of the Non-Academic Student Code of Conduct nor will it supplant the policy for addressing violations of substance abuse and alcohol policies. However, if a student’s behavior indicates that the behavior may be the result of a physical or psychological health-related issue, the University may encourage the student to seek appropriate treatment and to consider voluntary withdrawal as needed or recommended by the heath care provider, and/or the University may request that the student seek a medical or psychiatric evaluation. If the student declines the request or there are other indicators that support immediate action, the University may proceed with an involuntary withdrawal.

Involuntary withdrawals will occur rarely and will be invoked when the student’s behavior poses an imminent or significant danger or threat of causing substantial physical harm to self or others; or property; or substantially impedes or disrupts the lawful activities of other members of the University community, or would interfere with the educational process and the orderly operation of the University.

Voluntary or Involuntary Withdrawal Procedure

The following procedures are to be used to help transition a student to a safer environment more conducive to their needs when it becomes clear that remaining at the University is not in the best interest of the student or the University community. These procedures allow for a student to withdraw voluntarily when medical conditions or psychological distress make withdrawal in their best interest; its goal is to define the length of separation, outline the path to re-entry, and ease the transition for the student’s return, and to optimize the opportunities for the student’s success when they return.

Under certain conditions, if a student has not opted to take a leave voluntarily, the University may institute an involuntary withdrawal. When the potential for harm to others is present, involuntary withdrawal actions must consider whether the endangering behavior results from a condition of disability. If so, the student will be protected by Section 504 of the Rehabilitation Act of 1973. Under this federal statute, an individual with a disability may only be separated on the basis of this disability when they are not otherwise qualified to participate in the education program of this University. When a student is a direct threat, they are not otherwise qualified under disabilities law, and may be involuntarily withdrawn.

  1. Assessment: When the Office of Student Engagement (OSE), based on the student’s conduct, actions, or statements, has reasonable cause to believe that the student meets one or more of the criteria for withdrawal, OSE may initiate an assessment of the student’s ability to safely participate in the University’s program.

    OSE will gather information regarding the student and using existing risk assessment protocols determine the level of direct threat to others or property. Students who engage in direct threats to others and self-harm behaviors that cause a significant disruption to the University community may also be subject to the Student Code of Conduct. If the student has been accused of a violation of the Student Code of Conduct, but it appears that the student is not capable of understanding the nature or inappropriateness of the action, these procedures may be activated prior to the issuance of a determination in the conduct process. Interim suspension for threat of harm to others will also likely to be imposed.

    A direct threat exists when a student poses a significant risk to the health or safety of others. A significant risk constitutes a high probability of substantial harm. Significance will be determined by:
    • The duration of the risk;
    • The nature and severity of the potential harm;
    • The likelihood that the potential harm will occur; and
    • The imminence of the potential harm.
    If OSE believes that the threat is clear and direct, and likely the result of a psychological or physical illness, OSE (and assisted, as needed, by other appropriate staff) may communicate with the student to offer one or more of the following options:
    1. Take a voluntary medical leave; or
    2. Undergo a voluntary, individualized, evaluation by a trained medical or psychological practitioner at UAB to determine if the student’s behavior poses a direct threat to self or others; or property; substantially impedes or disrupts the lawful activities of other members of the University community, or the educational processes, or proper activities, or learning environment, or functions of the University and its personnel.
    3. Provide a signed release of information to permit UAB to contact the existing treatment provider so that relevant records and information can be shared.
    4. Comply with treatment recommendations of the health care provider.
  2. Review: OSE may refer the student for a mandatory evaluation by an appropriate medical and/or mental health care professional. The professional will be selected by the University, and there is no cost to the student for the evaluation.

    Prior to the evaluation, the student will be required to sign a written release authorizing the exchange of relevant information among the medical and/or mental health care professional(s) and the University. Upon completion of the evaluation, OSE will notify the student, in writing, the recommendations, if any, of the medical and/or mental health care professional(s). The student must attend the evaluation session.

    The professional making the evaluation shall make an individualized and objective assessment of the student’s ability to safely participate in UAB’s educational program, based on a reasonable professional judgment relying on the most current professional knowledge and/or the best available objective evidence. The professional will, with appropriate authorization, share their recommendation with OSE who will take this recommendation into consideration in determining whether the student should be involuntarily withdrawn from UAB.

    If the evaluation results in a determination that the student’s continued attendance presents no significant risk to the health or safety of the student or others, and no significant threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University, no further action shall be taken to withdraw the student from the University. The student will be informed in writing by OSE that they are permitted to continue their enrollment.

    If the evaluation results in a determination that the continued attendance of the student presents a direct threat to the health or safety of or others, such that there is a high probability of substantial harm, or a direct threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University, the student may voluntarily withdraw or be involuntarily withdrawn from the University. In such an event, the student shall be informed in a meeting with OSE of the voluntary or involuntary withdrawal, and options that are available to the student. In most cases, a student who is involuntarily withdrawn will be given a grade of W in all courses in which the student is currently enrolled.

    If the student agrees to obtain a voluntary medical or psychological evaluation or allow contact with the treatment provider, OSE will review the recommendations. OSE will attempt to make any reasonable and appropriate accommodations recommended by the health care professional to enable the student to remain in school. If OSE determines that this is not a safe or viable alternative, the University may still elect to invoke an involuntary withdrawal and require the student to take a leave of absence until such time that they are determined not to be a direct threat to others, and/or property.

    If the student refuses to accept the decision of involuntary withdrawal, the student shall notify the Assistant Vice President for Student Life, in writing of such refusal. They may then appeal the involuntary withdrawal decision, in writing within three (3) business days of the date of the notice to the student of the involuntary withdrawal to the Vice Provost of Student and Faculty Success. The Vice Provost of Student and Faculty Success may convene a committee to review the matter. Reviews will only be considered for one or more of the following purposes:
    • To consider new information which was unavailable at the time of the meeting with the Assistant Vice President for Student Life or designee and could be outcome determinative;
    • To assess whether a material deviation from written procedures impacted the fairness or outcome of the meeting;
    • To decide if an involuntary withdrawal is disproportionate to the severity of the threat evidenced in the meeting with the Assistant Vice President for Student Life or designee;
    • To determine if the decision does not align with the information provided in the meeting or whether reasonable accommodations might mitigate the risk with a withdrawal; or
    • To assess whether bias on the part of the Assistant Vice President for Student Life or designee deprived the process of impartiality.
    The Vice Provost of Student and Faculty Success and/or the committee shall make a written report containing its findings and conclusions. Copies of the report shall be given to the student. The decision of the Vice Provost of Student and Faculty Success and/or the committee is final.
  3. Financial Implications: Regardless of the circumstances for withdrawal, UAB tuition and fees will apply with regard to tuition, fees, refunds and University housing unless determined otherwise by the respective department receiving the report.
  4. Readmission Following an Voluntary or Involuntary Leave: A student withdrawing under this process must submit a request to OSE at any time to return to UAB during the subsequent semester. Students returning from an involuntary leave will be required to submit documentation to OSE from a medical or psychological provider approved by UAB. The documentation must indicate that the student is no longer a direct threat to others and is otherwise qualified to participate in the University’s educational programs. UAB may elect to request a second, independent opinion. As needed, UAB will work with the student to make necessary reasonable accommodations as recommended by the treating health professional. Students on voluntary or involuntary withdrawal will not be subject to additional requirements or exceptional standards upon their return above and beyond what the health provider required.

O. Student Groups and Organizations


Student groups and organizations are expected to maintain appropriate standards of conduct that are commensurate with those expected of individual students in the university environment. Therefore, student groups and organizations may be charged with violating non-academic standards of conduct without regard to whether members of such groups or organizations are individually charged with violations arising from the same occurrences. Misconduct by a UAB student group or organization while participating in non-university sponsored activities off-campus may be subject to the non-academic conduct process. Resolution meetings for student groups or organizations follow the same student conduct procedures.

A student group or organization, its officers, or individual members may be held collectively or individually responsible when violations by those associated with the group or organization have received the tacit or overt consent and/or encouragement of the group or organization or of the group’s or organization’s leaders, officers, advisors, or spokespersons.

The officers or leaders or any identifiable spokesperson for a student group or organization may be directed by the Non-Academic Student Conduct Resolution Officer, or a designee, to take appropriate action designed to prevent or end violations by the group or organization or by any persons associated with the group or organization who can reasonably be said to be acting in the group’s or organization’s behalf. Failure to make reasonable efforts to comply with a Non-Academic Student Conduct Resolution Officer, or a designee’s directive shall be considered a violation of Section J., Responsibility 4. both by the officers, leaders or spokespersons for the group or organization and by the group organization itself.

P. Student Group/Organization Sanctions/Interventions


One or more of the following sanctions/interventions may be imposed on a student group or organization for non-academic misconduct.

Warning

A formal notice to the group or organization’s explaining that their actions violated a University rule or policy that such actions are not acceptable in our community, and that further misconduct, or any other violation of a University rule or policy may result in additional conduct action.

Charter/Conduct Probation

A status imposed for a specific period of time in which the group or organization is deemed not in good standing within the University. Groups or organizations on charter/conduct probation may not represent the University in any official capacity during the probation period. Some of the restrictions that may be placed on a group or organization on charter/conduct probation may include, but are not limited to: barring or limiting some or all of the group’s or organization’s activities and/or privileges, entrance into University residence halls or other areas of campus, or loss of ability to participate in intramural sports or other intercollegiate competitions. If the group or organization is found “responsible” for another violation of the Code of Conduct during the probationary period, the group or organization may be placed on charter/group restriction.

Social Probation

A status imposed for a specific period of time in which the group or organization is suspended from engaging in, participating in, hosting, or sponsoring/co-sponsoring social events (formal or informal) or other non-academic activities on and /or off campus. The precise parameters of social probation may vary depending on the circumstances and will be specified in writing.

Charter/Organization Restriction

The temporary removal of University recognition, usually for not more than two (2) semesters in addition to the one in which the violation occurred. While under restriction, the group or organization may continue to occupy or hold property but may not seek or add members, engage in, participate in, host or sponsor/co-sponsor social events (formal or informal) or other non-academic activities on or off campus. Restrictions on entry or access to particular locations, premises, or events may be imposed.

Recommendation for Charter Revocation

An official request to a national office that the local chapter’s charter be revoked.

Suspension of Organizational Recognition

The group or organization loses its University recognition or registration for no less than (1) semester in addition to the one in which the violation occurred. The group or organization must comply with all sanctions/interventions prior to being registered or recognized again. While a group or organization is suspended, it will cease all organizational activities, vacate any appointed or elected office with that organization’s governing body for the duration of the organization’s period of suspension, surrender balances of all organizational funds granted by USGA, and may not use University resources.

Restorative Actions

The group or organization is required to engage in actions to restore the impact of a violation and repair the harms resulting in the misconduct on other members of the community. These actions may include but not limited to: letters of apology, drafting and implementing a plan of resolution, attending a facilitated meeting with the harmed individual or group of students.

Restitution

The group or organization is required to pay for the damage, loss of property, or expenses of others or the University. This includes compensation for misappropriation of University funds as a result of the misconduct. The group or organization can receive additional educational sanctions/interventions as well.

Educational Assignment/Initiatives

A group or organization is required to complete an educational assignment related to the violation committed. Such educational assignments may include attending a workshop, lecture, class, or alcohol/drug education program; complete a report, reflection paper, or project; or be involved with the community in a way that brings about a new understanding of the community and how group’s or organization’s behavior may have impacted others, for example interviewing a campus official. This is not an exhaustive list but serves as a reference for the types of educational assignments that may be imposed.

Additional Group or Organization Sanctions

In addition to the above, a Non-Academic Student Conduct Resolution Officer or Conduct Resolution Committee may impose or recommend additional sanctions, as well as refer the case to the group’s or organizations governing bodies for consideration of other sanctions.

Failure to complete a required sanction is a serious offense. It is considered an additional violation of the Non-Academic Student Code of Conduct (Section J., Responsibility 4.) and will usually result in a more serious sanction imposed. Within one (1) week of an organization’s failure to follow or complete a sanction, a conduct hold will be placed on the group/organization president’s student record. Groups/organizations refusing to follow or complete sanctions also place themselves at risk of Charter Restriction or Revocation.

Q. Procedures for Student Housing Conduct


Please refer to the Student Housing & Residence Life website.

R. Non-Academic Student Conduct Records


Non-Academic student conduct records under this policy will be maintained by The Office of Student Engagement. Records of suspension or expulsion from the University are maintained permanently. All other Non-Academic student conduct records will be maintained for (7) seven years beginning from date of incident and then will be destroyed/no longer retained. The University reserves the right to retain all conduct records for longer periods as may be deemed necessary.

If a student withdraws or leaves the University prior to the resolution of an incident in which the student is involved, a conduct hold will be placed on the students’ record and they will be prohibited from future enrollment until such time as the matter is resolved.

Non-Academic student conduct records are personal and confidential. Students may inspect their records at reasonable times. To request a review of your conduct record, please contact The Office of Student Engagement at (205) 975-9509, or complete form found at uab.edu/studentengagement. These records may also be shared with other University officials who have a legitimate educational interest in the information they contain. Under no circumstances will any personally identifiable information be released to any external individual, agency, or organization except with the prior written consent of the student or as otherwise required by law.

The Non-Academic Student Conduct Policy will be reviewed periodically under the direction of the Vice Provost for Student and Faculty Success or their designee. Modifications to the Non-Academic Student Conduct Policy may be made at any time to comply with federal, state, and local law.

S. Release of Student Conduct Information


Provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, by the Higher Education Amendments of 1998, govern access to a student’s academic transcript or conduct file. The student and/or those University officials who demonstrate a legitimate educational need for conduct information may have access to the student’s conduct file. Parent(s)/guardian(s) who provide proof that a student is a dependent as defined in Section 152 of the Internal Revenue Code of 1954 are allowed access to the student’s conduct file without written consent of the student. In this case, parent(s)/guardian(s) may also have access to a conduct file even if the student has requested otherwise. A copy of the last federal income tax return listing the student as a dependent will serve as proof of dependency.

In addition, parent(s)/guardian(s) may be notified if a student under 21 years of age is found responsible for a violation involving use or possession of alcohol or other drugs. All other inquiries, including, but not limited to, inquiries from employers, government agencies, news media, family, friends, or police agencies, require a written release from the student before access to University conduct files is granted. An exception to the foregoing is that information may be released pursuant to a lawfully issued subpoena and as otherwise provided by the Campus Security Act as amended by the Higher Education Amendments of 1992.

The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence (murder and manslaughter, forcible sex offenses/non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, destruction/damage vandalism of property) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both the accused and the accuser be informed of the result of campus conduct proceedings involving a sexual assault.

A student may file a complaint with the U.S. Department of Education, Family Policy Compliance Office, concerning alleged failures by the university to comply with the requirements of FERPA.

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

T. Non-Discriminatory Practices


The University of Alabama at Birmingham is strongly committed to a policy of equal opportunity in its employment practices, educational programs and activities, and the many services it offers to the community. The university does not discriminate against applicants, employees or students on the basis of race, color, religion, age, sex, sexual orientation, gender identity, gender expression, age, national origin, disability unrelated to program performance, veteran status or genetic or family medical history.

U. Protection from Abuse (PFA) Orders and Campus No Contact Orders


Protection from Abuse Orders

The Protection from Abuse Order is a court order that grants certain legal rights to one person, while placing limitations or restrictions on another. It can also order someone to perform certain actions and provide penalties if the order is violated. You can file for a PFA if you are at least 18 years old and have one of the following relationships with an abuser:
  • Married, regardless of living arrangements
  • Divorced or separated
  • Common-law or former common-law spouse
  • Have a child in common
  • Present or former household member with whom you have or had an intimate relationship
  • Are or have been in a dating relationship with the abuser within the last six months from the date you filed the petition
To apply for a PFA order you must file a petition which can be obtained from the circuit clerk in your county, usually located at the county courthouse.

Campus No Contact Orders

A No Contact Order is a directive to refrain from any intentional contact, direct or indirect, with one or more designated persons or group(s) through any means. This includes, but is not limited to, comments, words or gestures in person, through mail, e-mail, social networking sites, telephone, or third parties. The student or student group/organization will be notified of this directive in writing. This may be a result of or after a resolution meeting. In some cases, this directive may be in effect outside of the initiation of any resolution proceedings. The person(s) who is protected by this directive may receive a written statement detailing the directive as permitted by applicable law. Violating a No Contact Order may result in further conduct action from The University of Alabama at Birmingham.

V. Federal Timely Warning Obligations


Victims/survivors of sexual misconduct should be aware that UAB administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The University will ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

W. Sexual Violence and Sexual Misconduct Policy


Policy Statement

Members of The University of Alabama at Birmingham ("UAB") community, guests and visitors have the right to be free from all forms of violence, including sexual misconduct, examples of which can include acts of sexual assault, domestic violence, dating violence, and stalking. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. When an allegation of misconduct is brought to an appropriate administrator's attention, and a violation of this policy is found to have occurred, serious sanctions will be used to reasonably ensure that such actions are not repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.

Purpose

This policy serves as a guide for students on the University's expectations for student behavior as it relates to interpersonal, including sexual, interaction, responsibility and respect, and as a measure to determine, after-the-fact, if behaviors trespassed on community values. It provides information regarding the University's prevention and education efforts related to violence and sexual misconduct by students. It also explains how the University will proceed once it is made aware of possible student violence and sexual misconduct in keeping with our institutional values and to meet our legal obligations under Title IX and other applicable laws and regulations.

Types of Violence and Sexual Misconduct Violations

Violence, including sexual misconduct, is a serious offense, and such actions are subject to any combination of conduct sanctions as described in the Non-Academic Student Code of Conduct. Certain conduct prohibited by this policy may also be a crime under Alabama law. See "List of Applicable Offenses under Alabama Law".

The University prohibits all forms of violence and sexual misconduct, including sexual assault, domestic violence, dating violence, and stalking committed by or directed towards students, employees or other members of the UAB community, regardless of whether such behaviors occur on-campus or not. Retaliation against an individual for making a claim of violence or sexual misconduct or having participated in the reporting, investigation or resolution of a claim of violence or sexual misconduct] is also a violation of this policy. Any student found responsible for engaging in any behavior prohibited by the policy is subject to discipline, including but not limited to, loss of residential housing, suspension and/or dismissal.

Violence is defined as any behavior or threat of behavior that causes physical harm or reasonable fear of physical harm to any individual, including but not limited to, a University student or employee, other member or guest of the University community, or anyone with whom the University is conducting business. Examples of behaviors or conduct that are not tolerated include, but are not limited to, the following:
  • Injuring or threatening to injure another person or to damage/injure property;
  • Engaging in inappropriate verbal, written, or physical behavior that subjects an identifiable individual to extreme emotional distress;
  • Defacing or damaging property;
  • Brandishing a weapon or firearm;
  • Any act of domestic violence, dating violence or stalking;
  • Attempting or committing nonconsensual sexual contact (any touching of the sexual or intimate parts of a person) or exposure, including sexual assault;
  • Aiding or abetting others in any of the above actions (examples include but are not limited to concealing any of the above behaviors to protect the perpetrator, allowing them to use phones or e-mails to bypass security plans, delivering messages to the victim);
  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  • Hazing is any action taken or situation that either intentionally or unintentionally endangers the mental or physical health, safety, or welfare of any person within the University community, or that destroys or removes public or private property, for the purpose of initiation, participation, admission into, affiliation with, or as a condition of continued membership in a group or organization. (as defined further in the Non-Academic Code of Conduct);
  • Bullying is intentional repeated and/or severe aggressive behaviors that a reasonable person should know will intimidate, cause fear, or cause physical and/or emotional harm and/or control to one or more individuals and are not protected by freedom of expression.
  • Enlisting, coercing, or asking others to do any of the above acts; and,
  • Retaliating against any individual who, in good faith, reports a violation of this policy.

For purposes of this policy, the following words are so defined:

Consent: Clear, voluntary permission, which cannot be inferred by the absence of verbal or physical resistance. A lack of consent results from forcible compulsion or incapacity to consent. Forcible compulsion is a physical force or a threat, whether expressed or implied, that places a person in fear of immediate serious physical injury or economic harm to him/herself or a third party. A person is deemed incapable of providing consent if, at the time of the act, he or she: (1) is under the age of 16; (2) suffers from a mental impairment, whether temporary or permanent, which renders them incapable of appraising the nature of his or her conduct (e.g., age, disability, or temporary impairment due to drug or alcohol consumption); or, (3) is physically helpless (e.g., unconscious).

Domestic Violence: Includes violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Dating Violence: Felony or misdemeanor crimes of violence committed by: A current or former spouse of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Alabama.

Non-consensual sexual intercourse: Any sexual intercourse whether anal, oral, or vaginal (or an attempt to commit the same) however slight, with any object, by a person upon another person, and, without that person's consent or by physical force.

Non-consensual sexual contact: Any intentional sexual touching (or an attempt to commit the same), however slight, with any object, by person upon another person, and, without consent or by physical force.

Sexual assault: Any sexual act directed against another person, forcibly and/or against that person's will; or, if not forcibly, where the victim is incapable of giving consent. Sexual assault also includes, but is not limited to, non-consensual sexual intercourse/sexual contact, incest rape, including statutory rape, and sexual exploitation.

Sexual exploitation: Taking non-consensual or abusive sexual advantage of another for one's own advantage or benefit or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
  • prostituting another student;
  • non-consensual video or audio recording of sexual activity;
  • exceeding the boundaries of explicit consent, such as allowing friends to hide in a closet to be witness to one's consensual sexual activity;
  • engaging in voyeurism (Peeping Tom); and/or
  • knowingly transmitting a sexually transmitted disease/infection or HIV to another student.

Sexual misconduct: Includes, but is not limited to sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and sexual exploitation, but in any event, always includes sexual assault, domestic violence, dating violence and stalking.

Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

Reporting Incidents of Violence and Sexual Misconduct

Any student who has been the victim of violence or sexual misconduct as defined in this policy should immediately report the incident to the UAB Police Department (UABPD) at (205)934-3535. In the case of an emergency or ongoing threat please get to a safe location and call 911. The UABPD will investigate every incident reported to them to determine if a crime has been committed. Any criminal investigation by UABPD or other law enforcement agency is independent from any disciplinary investigation undertaken by the University under this policy. Victims are not required to report to law enforcement in order to receive assistance from or pursue any options provided by UAB.

Students may also report to the University's Title IX Coordinator, Andy Marsch (205) 934-4175 marsch@uab.edu; Emily Feinstein, Title IX Deputy Coordinator and Director of Student Engagement, at (205) 975-9509 eufeinstein@uab.edu; or Debbie Morgette, Assistant Director of Student Engagement at (205) 975-9509 morgette@uab.edu, 1715 9th Avenue South, Birmingham, Alabama 35294. Regardless of whether a complainant decides to pursue a criminal investigation, the University's Title IX Coordinators will take immediate steps to investigate the complaint, to protect the Complainant, and to ensure the safety of the campus community. If a criminal complaint is filed in addition to the University complaint, the University will continue implementing its own procedures regardless of the timeline of the criminal proceedings or their outcome, unless the University is advised by the UABPD or other law enforcement agency that doing so could jeopardize the criminal investigation.

You may also report an incident of sexual misconduct to any "responsible employee" at the University. A "responsible employee" is any manager or administrator who has overall responsibility for the daily operations of an academic, support, or operational unit. When such a report is made, you should understand that this employee has a duty to inform the University's Title IX Coordinator about the incident and provide all relevant information pertaining to the incident, including the names of the individuals involved; the time, place, and location; etc.

Confidentiality

UAB strongly supports a student's interest in privacy and confidentiality in cases involving violence and sexual misconduct. There are situations, however, in which UAB must override a student's request for confidentiality to meet legal, regulatory, or UAB policy requirements. Even if a student does not specifically ask for confidentiality, to the extent possible, UAB is committed to only disclosing the appropriate information to those individuals who are responsible for handling the student violence and sexual misconduct response. The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education privacy Act of 1974) and the University conduct process.

If you would like the details of an incident to be kept confidential, you may speak with on-campus counselors, campus health service providers, off-campus rape crisis resources (such as advocates or peer advisors), or clergy/chaplains. Campus counselors are available to help you free of charge and can be seen on an emergency basis during normal business hours. UAB Student Health and Wellness - Counseling Services can be contacted at (205) 934-5816. For emergency counseling available after normal business hours, please contact the Crisis Center (205) 323-7777 or Rape Response at (205) 323-7273.

If you believe you have been a victim of a sexual assault, you should go to the Birmingham Rape Response Center or a hospital emergency room before washing yourself or your clothing. A specifically trained sexual assault nurse examiner at the Rape Response Center or hospital is on call and will counsel you. Physical evidence of a sexual assault should be collected within 72 hours of the assault.

Investigation and Hearing Procedures

The University makes every effort to promptly complete the grievance process for complaints of violence and sexual misconduct.

During the investigation and/or grievance process for complaints of violence and sexual misconduct, UAB may take a number of interim actions in order to ensure the preservation of the educational experience and the overall University environment of the Complainant. These actions may include, but are not limited to: imposing a no contact order on the Respondent; residence hall room change for one or more involved parties; changes in academic schedules or assignments for one or both parties; and interim suspension of the Respondent.

In campus hearings, legal terms like "guilt, "innocence" and "burdens of proof' are not applicable, but the University never assumes a student is in violation of University policy. Campus hearings are conducted to take into account the totality of all evidence available, from all relevant sources. Violence and sexual misconduct cases are decided of the "preponderance of the evidence" ("more likely than not") standard. It is a lower standard than the one used in criminal cases, which is the "beyond a reasonable doubt."

In investigating allegations of violence and sexual misconduct, both the Complainant and the Respondent, have rights that will be protected by the University as stated below. For purposes of this policy:
  • A Complainant is an individual who is reported to have experienced violence or sexual misconduct, regardless of whether that individual participates in the disclosure or review of that report by the University at any point.
  • A Respondent is a University student or participant in a University sponsored program who is reported to have engaged in violence or sexual misconduct. The term also includes individuals whose identities are an unknown if there is reason to believe that they may be a University student or participant in a University sponsored program.

Mutual Rights

The Complainant and the Respondent are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.

The Complainant and Respondent will be notified "simultaneously" and "in writing" of:
  • The outcome of the proceeding;
  • Appeal procedures;
  • Any change to the result during the appeal process; and
  • When the result becomes final.

Once a decision has been rendered as to a complaint of violence or sexual misconduct, the Complainant will be notified at the same time as the Respondent. A Complainant and Respondent may appeal the outcome of any decision within five (5) business days of receiving notification of the decision.

Complainant’s Rights

  • The University will provide a timely and thorough investigation, and will treat the Complainant with respect throughout the student conduct process. Every effort will be made to resolve cases of violence or sexual misconduct within 60 days of reporting.
  • The Complainant will be informed of the University's conduct process, including options for appealing any final determination. The University will also inform the Complainant of available counseling services, medical services, mental health services, and other campus and off campus resources for assistance for victims of violence and sexual misconduct.
  • The Complainant may report incidents of violence and sexual misconduct to local law enforcement, which will not prevent University disciplinary action.
  • The Complainant may also report an incident of sexual misconduct to any "responsible employee", including the University's Title IX Coordinators;
  • The Complainant has the right to submit physical evidence in the event of sexual assault. If you believe you have been a victim of a sexual assault, you should go to the Birmingham Rape Response Center or a hospital emergency room before washing yourself or your clothing. A specifically trained sexual assault nurse examiner at the Rape Response Center or hospital is on call and will counsel you. Physical evidence of a sexual assault should be collected within 72 hours of the assault.
  • The Complainant may request changes to academic and living situations after violence and sexual misconduct occurs. Student Engagement may be able to help facilitate such changes.
  • The Complainant may have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Student Engagement or in a hearing, the advisor may not participate directly and may only communicate with the Complainant via whispering or writing notes.
  • The Complainant has a right to request issuance of a campus "no-contact order," to prohibit the Respondent from having contact of any kind (including electronic contact or contact from third parties acting on the Respondent student's behalf) with him or her either interim or on a permanent basis.
  • The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974) and the University conduct process.
  • The Complainant is afforded the right to be updated on the investigation and be informed of the outcomes of the process.
  • The University will not consider the prior, sexual behavior or history of the Complainant with other individuals, or their engagement in under-age drinking in any investigation of sexual misconduct.
  • Prior to a hearing, the Complainant is allowed to inform the hearing officer of relevant witnesses the Complainant wishes to include at the hearing and to what the witnesses plan to testify.
  • Prior to a hearing, the Complainant may also meet with a hearing officer to discuss hearing procedures.
  • During a hearing, the Complainant has the right to give opening and closing statements and ask questions of the witnesses and Respondent, via the hearing officer. The Complainant and Respondent will not be permitted to directly question each other and are not required to be present together at any point during the process, including the hearing.
  • Once a decision has been rendered as to a complaint of violence or sexual misconduct, the Complainant will be notified at the same time as the Respondent. A Complainant and Respondent may appeal the outcome of any decision within five (5) business days of receiving notification of the decision.

Respondent’s Rights

  • The University will provide a timely and thorough investigation, and will treat the Respondent with respect throughout the student conduct process. Every effort will be made to resolve cases of violence or sexual misconduct within 60 days of reporting.
  • The Respondent will be informed of the University's conduct process, including options for appealing any final determination. The University will also inform the Respondent of available counseling services, medical services, mental health services, and other campus and off campus resources, to assist with the process.
  • The Respondent may have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Student Engagement or in a hearing, the advisor may not participate directly and may only communicate with the Respondent with whispers or writing notes.
  • The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974) and the University conduct process.
  • The Respondent is afforded the right to be updated on the investigation and be informed of the outcomes of the process.
  • Prior to a hearing, the Respondent is allowed to inform the hearing officer of relevant witnesses the Respondent wishes to include at the hearing and to what the witnesses plan to testify.
  • Prior to a hearing, the Respondent may also meet with a hearing officer to discuss hearing procedures.
  • During a hearing, the Respondent has the right to give opening and closing statements and ask questions of the witnesses and Complainant, via the hearing officer. The Complainant and Respondent will not be permitted to directly question each other and are not required to be present together at any point during the process, including the hearing.
  • The Respondent has the right to timely notice of a hearing as indicated in the Non-Academic Code of Student Conduct. The Respondent may waive the period of notice if desired.
  • Once a decision has been rendered as to a complaint of violence or sexual misconduct, the Complainant will be notified at the same time as the Respondent. A Complainant and Respondent may appeal the outcome of any decision within five (5) business days of receiving notification of the decision.

X. Resources


On-Campus

Title IX Coordinator
Andy Marsch, marsch@uab.edu
(205) 934-4175
1715 9th Avenue South

Office of Student Engagement
Director and Deputy Title IX Coordinator, Emily Feinstein, eufeinstein@uab.edu
(205) 975-9509
1715 9th Avenue South
UAB Counseling Services
1714 9th Avenue South
(205) 934-5816
Monday-Friday, 8:00 am-5:00 pm

UAB Women’s Services
1714 9th Avenue South
(205) 934-6946
Monday-Friday, 7:30 am-1:30 pm

UAB Police Department
Emergency- (205) 934-3535
Non-Emergency- (205) 934-4434

Off-Campus

Rape Response (24-hours)
(205) 323-7273

Crisis Center (24-hours)
(205) 323-7777

Family Violence Center (24-hours)
(205) 322-4878

District Attorney (Criminal)
(205 325-5252 or (205) 325-5260

Legal Services (Civil)
(205) 328-3540

Alabama Crime Victims Compensation Commission
800-541-9388
info@acvcc.alabama.gov
www.acvcc.state.al.us

For information concerning procedures for academic and non-academic grievances, consult the appropriate officer in your academic unit.

Academic Affairs
Mr. Andrew Marsch, Assistant Vice President for Student Life
1715 9th Avenue South
934-4175

Dentistry
Dr. Steven Filler, Associate Dean of Student Alumni & External Affairs/
Director of Admissions, School of Dentistry
Room 125A, School of Dentistry Building
1919 Seventh Avenue South
934-5424

Graduate
Dean of the Graduate School
975-8852

Health Professions
Dr. Donna Slovensky
Office of the Associate Dean for Academic
& Student Affairs
School of Health Professions/Webb
Building Room 624
1675 University Boulevard
975-8034

Medicine
Dr. Laura Kezar, Associate Dean for Students/Physiatrist
Room 152, Spain Rehabilitation Center
1717 6th Ave. S.
934-6934

Nursing
Mr. Peter Tofani, Assistant Dean, Student Affairs, School of Nursing
Room 208A, School of Nursing Building
1701 University Boulevard
975-1964

Optometry
Dr. Gerald Simon, Director of Student Affairs, Clinical Associate Professor of Optometry
Room 124, Henry Peters (Optometry)
Building
1716 University Boulevard
975-0739

Public Health
Donna Arnett, Associate Dean for Academic & Strategic Programs
Room 120, Ryals Building
1665 University Boulevard
934-0361