Student Conduct Code

Student Conduct Code

Abstract:
The Student Conduct Code promotes honesty, integrity, accountability, rights, and responsibilities expected of students consistent with the core missions of the University of Alabama at Birmingham. This Code describes the standards of behavior for all students, and it outlines students’ rights, responsibilities, and the campus processes for adjudicating alleged violations.
Effective Date:
8/14/2020
Contacts:
None Assigned
Administrative Category:
Applies To:
Students
Material Original Source:

University of Alabama at Birmingham

STUDENT CONDUCT CODE

Effective August 14, 2020

[Replaces policy effective November 4, 2016]

 
Related Policies and Procedures, Guidelines, and Resources
Academic Honor Code
Acceptable Use of Computer and Network Resources

Complaint Policy
Dangerous Weapons and Firearms Policy
Drug-Free Campus and Workplace Policy
Duty to Report and Non-Retaliation Policy
Equal Opportunity and Discriminatory Harassment Policy
General Policy Regarding the Use and Consumption of Alcoholic Beverages
Institutional Refund Policy
Medical Amnesty Policy
Protection of Children on UAB Premises and in UAB-Sponsored Activities
Student Housing & Residence Life Policies & Procedures
Student Records Policy
Title IX Sex Discrimination, Sexual Harassment and Sexual Violence Policy
Procedures for the Resolution of Sexual Harassment Complaints
Procedures for the Resolution of Title IX Sex Discrimination Complaints (non-harassment) Against Students
Title IX Resource Guide
UAB Enterprise Code of Conduct
University-Wide Policy Development Process
Freedom of Expression and Use of UAB Facilities
Table of Contents
I. Purpose
II. Definitions
III. Authority, Jurisdiction, and Standard of Proof
IV. Rights of a Responding Party
V. Prohibited Conduct
VI. Sanctions
VII. Conduct Procedures
VIII. Conduct Records
IX. Maintenance of Policy
X. Directory of Contacts
 

I. Purpose

The purpose of the University of Alabama at Birmingham (“University”) student conduct process is to support the vision, mission, and shared values of the University and the tenets of the University’s creed, The Blazer Way. Through a student-focused and learning-centered lens, the process strives to uphold individual and community standards; foster an environment of personal accountability for decisions; promote personal growth and development of life skills; and care for the well-being, health, safety, and property of all members of the University community.
The Student Conduct Code (“Code”) describes the standards of behavior for all students and student organizations and outlines students’ rights and the process for adjudicating alleged violations. It is set forth in writing in order to give general notice of non-academic prohibited conduct. The Code should be read broadly and is not designed to define non-academic conduct in exhaustive terms. All students and student organizations are expected to conduct themselves in accordance with the Code. The current version of the Code, which may be revised periodically, is available from the Office of Student Conduct & Outreach or online.

II. Definitions

For purposes of the Code, the following terms have the meanings provided below, though not every term in the Code is formally defined:
A.   Administrative Hearing Officer means a trained individual appointed by the Director or designee to address an alleged violation(s) of the Code as part of a Hearing.
B.   Administrative Resolution means the resolution method in which a case involving a single, first-time violation of a specific Residence Life Policy is resolved by written communication educating the Student about the policy violation, as set forth in Section VII.D. of the Code.
C.    Assistant Vice President means the Assistant Vice President for Student Experience.
D.   Business Day means a weekday (Monday through Friday) on which the University is fully opened for business. A Business Day does not include federal, state, or campus holidays observed by the University or days on which the University’s operations are suspended due to situations including, but not limited to, adverse weather conditions or emergencies.
E.    Code means the University’s Student Conduct Code.
F.    Coercion means the use of expressed or implied threats or intimidation that would place a reasonable individual in fear of immediate harm. Threatening or intimidating behavior includes, but is not limited to, emotional abuse, threats to reputation, public humiliation, threats to others and possessions (including pets), or financial harm.
G.    Conduct Procedures means procedures addressing alleged conduct of a Student or Student Organization, during which a designated University Conduct Officer, University Conduct Board, or Administrative Hearing Officer considers information in order to address whether a Student or Student Organization has violated the Code.
H.    Consent means a clear willingness to participate in a sexual act (e.g., clear communication through words or actions). While Consent may be expressed by words or by actions, it is highly recommended that Consent be expressed and obtained verbally. Non-verbal Consent expressed through actions may lead to confusion and potential for misunderstandings, which may lead to a violation of the Code. It is the responsibility of the initiator of any sexual activity to obtain Consent.

Consent to any sexual activity must be freely given. Consent to a sexual act is not freely given if an individual is not capable of Consenting, or if Consent is obtained by force, threats, deception, or coercion. A lack of verbal or physical resistance does not grant Consent. Previous Consent does not grant Consent to future sexual acts. Consent can be withdrawn at any time during a sexual act. Inability to give Consent includes situations where an individual:
  1. is incapacitated due to alcohol, drugs, or other substances including, but not limited to, prescription medication;

  2. is unconscious, asleep, or in a state of shock;

  3. is under the age of Consent as defined by the jurisdiction in which the act occurred, which, in Alabama, is less than 16 years of age; or

  4. is mentally or physically impaired and not reasonably able to give Consent.
       In incidents involving the use of alcohol, drugs, or other mind-altering substances, the totality of the circumstances shall be analyzed to determine whether the use of those substances caused an individual to be unable to Consent to sexual activity. Factors the University will consider include, but are not limited to, (a) whether the individual was conscious or unconscious; (b) whether the individual became sick due to intoxication; (c) Whether the individual exhibited signs of intoxication, including inability to communicate, slurred speech, lack of coordination in walking or performing simple tasks, or any other evidence indicative of impaired cognitive functioning; or (d) whether the Responding Party knew or reasonably should have known of the individual’s ability or inability to give Consent due to the use of alcohol, drugs, or other mind-altering substances. The existence of any one of these factors may support a finding that an individual was unable to Consent to sexual activity. The mere fact that an individual was under the influence of alcohol, drugs, or other mind-altering substances, however, does not create a presumption that the individual was unable to Consent. Also, an individual’s use of alcohol, drugs, or other mind-altering substances does not diminish that individual’s responsibility to obtain Consent if that individual is the one who initiates sexual activity.
I.   Director means the Director of Student Conduct & Outreach.
J.   Distribute or distributing means sale or exchange of any narcotic, synthetic drug, medicine (medically prescribed or over-the-counter), chemical compound, or other controlled substance for personal benefit for oneself or another individual.
K.    FERPA means the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g; 34 C.F.R. Part 99), a federal law that protects the privacy of student education records. Additional information can be found in the University’s Student Records Policy.
L.    Hearing means the resolution method involving a University Conduct Board or Administrative Hearing Officer, as set forth in Section VII.G. of the Code.
M.   Hostile Environment means an environment that exists when the behavior is sufficiently severe and/or pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University’s education programs or activities. In evaluating whether a Hostile Environment exists, the University will consider the totality of known circumstances, including, but not limited to, the frequency, nature, and severity of the behavior; whether the behavior was physically threatening; the effect of the behavior on the victim’s mental or emotional state; whether the behavior was directed at more than one individual; whether the behavior arose in the context of other discriminatory behavior; whether the behavior unreasonably interfered with the victim’s educational programs or activities; or whether the behavior implicates concerns related to academic freedom or protected speech.
N.   In Absentia Resolution means the resolution method in which a case is resolved in the Responding Party’s absence, as set forth in Section VII.F. of the Code.
O.    Investigator means an official designated to conduct the investigation of an alleged violation(s) of the Code and who acts as the primary witness in the event of a Hearing.
P.  Joint Resolution means the resolution method in which, if offered, a Responding Party voluntarily accepts the findings and sanction(s) proposed by the University Conduct Officer, as set forth in Section VII.E. of the Code.
Q.   Possession or possessing means knowingly or intentionally physically holding or controlling the subject item (including, but not limited to, alcohol, narcotics, synthetic drugs, medicines (medically prescribed or over-the-counter), chemical compounds, controlled substances, drug paraphernalia, dangerous weapons, firearms, or stolen property), or owning or controlling a room, vehicle, or other area where the item is present and where the individual owning or controlling the room, vehicle, or other area knew or had reason to know that the item was present. The presence of the item in a room, vehicle, or other area creates a presumption that the individual owning or controlling the room, vehicle, or other area had knowledge of the item’s presence, unless sufficient information to the contrary is provided.
R.   Record on Appeal means the notice of Hearing; the audio recording or written transcript of the Hearing; all documents offered as information at the Hearing; the summary of the Hearing; and the notice of outcome.
S.    Responding Party means a Student or Student Organization alleged to have violated the Code.
T.   Staff Advisor means an individual designated by the Director or designee to advise a University Conduct Board or Administrative Hearing Officer. The Staff Advisor in any particular case shall not be the same individual who makes any determination on findings, recommendation on sanction(s), or determination on sanction(s) in that case, as those duties are set forth in Section VII of the Code.
U.   Student means an individual who is currently enrolled in or has registered for any undergraduate, graduate, or professional academic program at the University regardless of location (University Premises, online, off-campus, or auditing); is not enrolled for a particular term but has a continuing relationship with the University; or is participating in an educational program sponsored by or affiliated with the University, including, but not limited to, orientation or education abroad programs.
V.    Student Organization or Organization means (i) a group of Students that has complied with the University’s requirements for registration as a student organization or (ii) a group of students connected to departmental or University funding. This includes, but is not limited to, registered student organizations, fraternities and sororities, student media organizations, and club sports teams.
W.    Support Individual means an individual invited to the Conduct Procedures by a Responding Party or witness pursuant to Section VII.B. of the Code.
X.    Title IX Coordinator means the designated University Official who oversees the implementation and enforcement of the Title IX Sex Discrimination, Sexual Harassment and Sexual Violence Policy (“Title IX Policy”), including the implementation of supportive measures, compliance with applicable rules and regulations, and coordination of communications between University and community partners. The Title IX Coordinator and Deputy Title IX Coordinators, as defined in the Title IX Policy, are the only University Officials with authority to initiate corrective measures on the University’s behalf pursuant to the Title IX Policy.
Y.    University or UAB means The University of Alabama at Birmingham.
Z.  University Conduct Board means a body appointed by the Director or designee to address an alleged violation(s) of the Code as part of a Hearing.
AA.   University Conduct Officer means a University Official appointed by the Director who has the authority to facilitate an Administrative Resolution or a Joint Resolution, or to refer a case to a Hearing.
BB.    University Official means an employee of the University acting in the performance of their assigned duties, capacity, or authority. This includes any individual who is a student employee, instructor/faculty member, staff member, or other individual employed by or volunteering for the University.
CC.    University Premises means buildings, properties, grounds, or vehicles owned, leased, operated, controlled, or supervised by The University of Alabama at Birmingham. This includes, but is not limited to, University housing, dining, recreation, leisure, library, computer lab services, or other University facilities.
DD.        Vice President means the Vice President for Student Affairs.

III. Authority, Jurisdiction, and Standard of Proof

A.   Authority

The Vice President is responsible for the overall administration of the University’s student conduct process and the Code. The Vice President has delegated to the Director the responsibility for day-to-day administration of the student conduct process and for managing and adjudicating cases regarding alleged violation(s) of the Code.
The Director may investigate a case as well as adjudicate or advise a Hearing. The investigation by the Director may be in conjunction with UAB Police, local police, or other University Officials.
When necessary, and in consultation with the Vice President, the Director may alter the Conduct Procedures to protect the University community, property, or resources.

B.   Jurisdiction

1.    Jurisdiction on University Premises, at University-Sponsored Activities, or Off-Campus

The Code applies to all Student or Student Organization behavior that occurs on University Premises or at University-sponsored activities. The Code may also apply to Student and Student Organization behavior that occurs off-campus when, in the Director’s or designee’s discretion, the behavior is of University interest. University interest includes the following:
a.    any situation where it appears that the behavior may endanger the University community;
b.    any situation that significantly infringes upon the rights, property, or educational pursuits of others; significantly disturbs the public peace; or incites or contributes to panic or distress; or
c.     any situation that affects or is detrimental to the University community or the pursuit of University objectives.
Off-campus instances of prohibited conduct that may be addressed include, but are not limited to, acts of harm, repeated or high-risk alcohol misuse, repeated or high-risk drug misuse, or felony criminal charges.
Students and Student Organizations are responsible for the actions of their guests and may be held accountable for their guests’ behavior.
If a Student withdraws or leaves the University prior to the resolution of a pending case, a hold will be placed on the Student’s record, and they will be prohibited from future enrollment until such time as the case is resolved.

2.    Sex Discrimination, Sexual Harassment, Sexual Violence, and Related Retaliation

In addition to the Code, all Students and Student Organizations are subject to the University’s Equal Opportunity and Discriminatory Harassment Policy and Title IX Policy, which address behaviors related to discrimination, sexual harrassment, sexual violence, and related retaliation.

For cases involving allegations of sexual harassment as defined in the Title IX Policy, the Procedures for the Resolution of Sexual Harassment Complaints will be followed, including the process for providing supportive measures, the emergency removal of a Student Respondent, and implementing sanctions.

Any behavior, regardless of location, that falls outside the jurisdiction of the Title IX Policy or does not rise to the level of prohibited conduct as defined in the Title IX Policy may be adjudicated through the Conduct Procedures. Additionally, any behavior that falls outside the jurisdiction of the Code may be investigated and addressed pursuant to other University policies including the University’s Equal Opportunity and Discriminatory Harassment Policy or UAB Enterprise Code of Conduct.  

3.    Student Organizations

a.    A Student Organization may be held accountable for a violation(s) of the Code regardless of whether a member of the Organization is individually held accountable for a violation(s) arising from the same incident(s).
b.    A Student Organization and its officers, leaders, or any identifiable spokespersons may be held collectively or individually responsible when prohibited conduct by those associated with the Organization have received the implied or direct consent or encouragement of the Organization or of the Organization's leaders, officers, or spokespersons.
c.     The officers, leaders, or any identifiable spokespersons for a Student Organization may be directed by appropriate University Officials or other designated security or law enforcement officials to take appropriate action designed to prevent or end prohibited conduct by the Organization or by any individuals associated with the Organization who can reasonably be said to be acting on the Organization's behalf. Failure to make reasonable efforts to comply with the directive shall be considered a violation of Section V.H.1. of the Code both by the individual officers, leaders, or spokespersons for the Organization and by the Organization itself.
d.    A Student Organization may be held accountable if any of the following situations regarding an alleged violation(s) of the Code apply: (a) it was committed by one or more members of the Organization; (b) it was committed by one or more members of the Organization, and Organization funds were used to finance the function; (c) it occurred in the context of an Organization-sponsored function; or (d) it occurred in the context of an Organization-sponsored activity that was advertised via Organization-controlled mediums (e.g., social media, organizational announcements).
e.    The president or equivalent officer of a Student Organization shall represent the Organization unless the president or equivalent officer petitions the Director or designee in writing to substitute another student to represent the Organization.
f.     A Student Organization that is a member, chapter, affiliate, or associate of a local, state, national, or international organization (collectively referred to as “parent organization”) must disclose to the Office of Student Conduct & Outreach any investigation or disciplinary action (e.g., alleged behavior, disciplinary procedures, findings, sanction(s)) initiated by the parent organization. The disclosure must be made within one (1) Business Day of the Organization being notified. Failure to comply with this disclosure shall be considered a violation of Section V.H.4. of the Code. Determinations on the most appropriate follow-up, including, but not limited to, an educational conversation, initiation of the Conduct Procedures, or notification to appropriate University Officials, shall be made at the discretion of the Director or designee based upon the factors outlined in Section III.B.1. of the Code.

4.    Relationship to the Legal and Criminal Justice System

The Conduct Procedures in the Code are educational, administrative procedures and differ from the criminal justice system in scope, purpose, procedure, and outcome. The University student conduct process is not attempting to determine whether a Student has violated the law and is not designed to replace federal, state, or local laws or procedures. It is not a legal proceeding nor is it intended to resemble one. Alleged violation(s) of the Code that are also violations of federal, state, or local laws can be prosecuted separately through the legal system and, if the Student is found guilty, can result in civil or criminal penalties such as probation, fines, jail, or prison. The University does not need to wait for resolution of pending criminal charges before proceeding with the Conduct Procedures. The University may use information from third party sources, such as law enforcement agencies, the courts, and other witnesses to help determine whether a violation(s) of the Code has occurred.
A Student must disclose to the Office of Student Conduct & Outreach any arrest or conviction for a criminal offense (excluding minor traffic violations that do not result in an arrest or injury to others) that occurs after the Student has enrolled at the University, regardless of whether the arrest or conviction occurred within the State of Alabama or whether the University is in session at the time. The disclosure must be made within five (5) Business Days of the arrest or conviction, whichever occurs first. If the arrest or conviction involves a juvenile proceeding, the Student has been granted youthful offender status with regard to the case, or the conviction has been sealed, expunged, or overturned, the Student is not required to disclose the arrest or conviction. Failure to comply with this disclosure obligation without a valid legal basis for doing so shall be considered a violation of Section V.H.3. of the Code. Determinations on the most appropriate follow-up, including, but not limited to, an educational conversation, initiation of the Conduct Procedures, or notification to appropriate University Officials, shall be made at the discretion of the Director or designee based upon the factors outlined in Section III.B.1. of the Code.

5.    Medical Amnesty

UAB encourages a living and learning environment that promotes the health and safety of all members of the UAB community. The University is committed to ensuring that Students obtain timely medical assistance for themselves and for their peers. Students are encouraged to make responsible decisions and to seek medical attention in serious or life-threatening situations that result from alcohol consumption.
Students, however, may be hesitant to seek assistance in such circumstances because of fear of potential conduct consequences for themselves or for the individual in need of medical attention. In lieu of the Conduct Procedures, the University’s Medical Amnesty Policy provides Students an opportunity to seek help for themselves or others while being connected to campus and community resources. Additional information about the Medical Amnesty Policy, including its applicability and requirements, can be found online.

6.    Freedom of Expression and Speech

The University embraces and strives to uphold the freedoms of expression and speech guaranteed by federal and state laws and the freedom of all members of the UAB community to engage in free, robust, and uninhibited debate and deliberation. UAB has the right under appropriate circumstances to regulate the time, place, and manner of exercising these and other constitutionally protected rights. In administering the Code, the University will exercise care to preserve the freedoms of expression and speech for all in the campus community.

All Students and Student Organizations are expected to comply with the University’s Freedom of Expression and Use of UAB Facilities Policy. As outlined in the Freedom of Expression and Use of UAB Facilities Policy, free expression does not include expression that a court has deemed unprotected defamation; unlawful harassment; true threats; an unjustifiable invasion of privacy or confidentiality not involving a matter of public concern; an action that materially and substantially disrupts the functioning of the University or that substantially interferes with the protected free expression rights of others; expressive activities that are inconsistent with the reasonable time, place, and manner restrictions; speech that interferes with the treatment of patients; expression that relates solely to the economic interests of the speaker and its audience and proposes an economic transaction, including the promotion, sale, or distribution of any product or service; obscenity; child pornography; or fighting words.

Additional information can be found in the University’s Freedom of Expression and Use of UAB Facilities Policy.

7.    Additional Policies and Standards

Students may be subject to additional University policies and procedures; rules; regulations; guidelines; or professional and ethical standards that supplement the Code. Students may also be held accountable for their behavior through professional standards, codes of ethics, or honor codes, but this does not preclude the University from initiating the Conduct Procedures.

C.    Standard of Proof

For a Responding Party to be found responsible for a violation(s) of the Code, the information must establish that the Responding Party is responsible for the violation(s) by a preponderance of the evidence, meaning a reasonable individual would conclude it is more likely than not that the Responding Party violated the Code. This determination must be based solely on the information presented during the Conduct Procedures, which may include, but is not limited to, relevant records (e.g., complaints, police reports, investigation reports), exhibits (e.g., photographs, audio/video information, social media information), or written/oral statements. Formal rules of evidence are not applicable, nor does deviation from the Conduct Procedures necessarily invalidate a determination or proceeding, unless the deviation significantly impacts the resolution.

IV. Rights of a Responding Party

A Responding Party has the following rights:
A.   to be provided a fair, impartial, and efficient process;
B.   to be presumed not responsible until determined otherwise through the Conduct Procedures;
C.    to be given written notice of any alleged violation(s) of the Code;
D.   to present relevant information on their behalf, including witnesses and documentary information;
E.    to respond to information presented against them;
F.    to accept responsibility for any or all alleged violation(s) of the Code;
G.   to decline to make statements against themselves;
H.   to have a Support Individual present during the Conduct Procedures;
I.    to receive reasonable accommodations as a qualified student with a disability under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act;
J.    to examine the documentary information that will be presented in the Conduct Procedures, provided that the information may be available only in a redacted format;
K.   to have a reasonable period of time to prepare for a Hearing;
L.    to obtain the list of witnesses who have been called to present information at a Hearing;
M.  to request a delay of a Hearing due to extenuating circumstances, provided that the granting of such request is in the discretion of the Director or designee pursuant to Section VII.G. of the Code;
N.   to challenge the objectivity of a University Conduct Board member or an Administrative Hearing Officer if they believe that a bias or conflict of interest may exist pursuant to Section VII.G.2.c. of the Code;
O.   to hear and pose relevant questions to any witness appearing at a Hearing in a manner consistent with the Code;
P.    to present an Impact Statement as part of the sanctioning phase of a Hearing;
Q.   to be notified in writing of the outcome of the Conduct Procedures;
R.   to appeal the determination of a Hearing within the time limits and conditions specified in Section VII.G.3. of the Code; and
S.    to have any conduct records protected to the extent permitted under Section VIII. of the Code, the University's Student Records Policy, and applicable privacy laws.

V. Prohibited Conduct

The following behaviors are prohibited and are considered violations of the Code. Attempts to engage in behavior prohibited by the Code or knowingly or willfully encouraging or assisting others to engage in these behaviors are also prohibited and may be adjudicated through the Conduct Procedures.
A.   Acts of Harm
1.    Physical Injury – Intentionally or recklessly engaging in any act that causes physical injury or harm to an individual.
2.    Endangerment – Intentionally or recklessly causing any act that endangers the health or safety of an individual.
3.    Threats – Threatening an individual(s), directly or indirectly, in a manner (physically, verbally, electronically, or by any other means) that causes a reasonable expectation of injury or harm to an individual or damage to property.
4.    Harassment/Intimidation – Engaging in unwelcome conduct directed towards an individual through any action, method, device, or means (e.g., physical, verbal, graphic, written, electronic) which is so severe and/or pervasive, and objectively offensive that it interferes with or denies an individual access to an educational opportunity or benefit provided by the University (i.e. creates a Hostile Environment). Examples include, but are not limited to, intentionally and repeatedly making contact with an individual over their stated objections (e.g., non-sex based stalking); engaging in an act that invades another individual's reasonable expectation of privacy; engaging in bullying behaviors (e.g., teasing, social exclusion, intimidation); or engaging in any online targeted action or statement via social media, computer, or other data network. This does not include Discriminatory Harassment/Intimidation, which is prohibited under Section V.A.5. of the Code; Sex Discrimination, which is prohibited by the University’s Title IX Policy and under Section V.A.6. of the Code; or Sex Harassment, which is prohibited by the University’s Title IX Policy and under Section V.A.7. of the Code; or Stalking, which is prohibited by the University’s Title IX Policy and under Section V.P.5. of the Code.
5.    Discriminatory Harassment/Intimidation – Engaging in unwelcome conduct directed towards an individual based upon their race, color, religion, national origin, disability, veteran status, genetic or family medical history, or other protected status through any action, method, device, or means (e.g., physical, verbal, graphic, written, electronic) which is so severe and/or pervasive, and objectively offensive that it interferes with or denies an individual access to an educational opportunity or benefit provided by the University (i.e. creates a Hostile Environment). This does not include Sex Discrimination, which is prohibited by the University’s Title IX Policy and under Section V.A.6. of the Code, or Sex Harassment, which is prohibited by the University’s Title IX Policy and under Section V.A.7. of the Code.
6.    Sex Discrimination – Excluding an individual from participation in, denying an individual benefits from, or subjecting an individual to unfavorable treatment in any University educational program or activity on the basis of gender, sexual orientation, gender identity, or gender expression.
7.    Sexual Harassment – Engaging in conduct based on gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, that satisfy one or more of the following: (a) a University employee makes submission to or rejection of unwelcome sexual conduct, either explicitly or implicitly, a term or condition of an individual’s employment, academic standing, or participation in any University programs and/or activities or is used as the basis for University decisions affecting the individual (often referred to as “quid pro quo” harassment); (b) unwelcome conduct based on gender, sexual orientation, gender identity, or gender expression that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the University’s educational programs or activities or creates a Hostile Environment; or (c) sexual assault, dating violence, domestic violence, or stalking as defined in the University’s Title IX Policy and Section V.P. of the Code.
8.    Invasion of Privacy – Engaging in an act that invades another individual's privacy, where that individual has a reasonable expectation of privacy, and that causes a reasonable expectation of injury or distress to the targeted individual. Examples include, but are not limited to, creating, making, possessing, storing, sharing, or distributing unauthorized audio, video, digital, or photographic images taken in a location in which the targeted individual has a reasonable expectation of privacy.
B.   Alcohol
1.    Underage Possession/Consumption – Possessing or consuming alcoholic beverages while under the legal drinking age pursuant to applicable law.
2.    Driving Under the Influence – Operating a motor vehicle under the influence of alcohol or while impaired by the consumption of alcohol.
3.    Providing to Minors – Furnishing or selling any alcoholic beverages to any individual under the legal drinking age pursuant to applicable law.
4.    Public Intoxication – Being intoxicated in public attributable in part or in whole to the use of alcohol.
5.    Violation of University Policy – Violating the University’s General Policy Regarding the Use and Consumption of Alcoholic Beverages.
C.    Computer Abuse – Engaging in computer abuse, including, but not limited to, violation of the University’s Acceptable Use of Computer and Network Resources and its related policies, procedures, and resources.
D.   Dangerous Weapons and Firearms – Possessing, transporting, or using a dangerous weapon or firearm or facsimile or a dangerous weapon or firearm on University Premises without University authorization. Additional information can be found in the University’s Dangerous Weapons and Firearms Policy and the Residence Life Handbook.
E.    Disorderly Conduct
1.    Disturbance – Creating a disturbance, including, but not limited to, fighting, creating the threat of imminent fighting or other violence, drunk and disorderly conduct, or generally engaging in objectively disruptive behavior.
2.    Disruption of Classroom Environment – Engaging in conduct that objectively disrupts or interferes with the normal functions of a classroom environment, including, but not limited to, failure to conform to the instructor’s announced expectations for classroom decorum. An instructor has the authority to exclude a Student from any class session in which the Student engages in disruptive conduct as described in the Code and may refer the Student to the Office of Student Conduct & Outreach as described in Section VII.A.1. of the Code. A Student who persists in disruptive conduct as described in the Code is subject to a temporary suspension from that course pursuant to Section VII.C.1. of the Code.
F.    Disruption of University Operations and Activities – Disrupting or interfering with normal University operations and activities, including, but not limited to, teaching, research, service, University administration, conduct proceedings, and other public or private events, or police, fire, or other emergency services. Examples include, but are not limited to, leading or inciting others to disrupt scheduled or normal activities within any campus building or area; intentionally obstructing the free flow of pedestrian or vehicular traffic on University Premises or at University-sponsored or -supervised activities; or engaging in acts that materially and substantially disrupt the functioning of the University or that substantially interferes with the protected free expression rights of UAB community members, visitors, or guests, regardless of intent.
G.   Drugs
1.    Possession/Consumption/Use – Possessing, consuming, or using/misusing any narcotic, synthetic drug, medicine (medically prescribed or over-the-counter), chemical compound, or other controlled substance, except as expressly permitted by applicable law.
2.    Sell/Manufacture/Distribution/Delivery – Selling, manufacturing (including growing), distributing, delivering, or taking delivery of, or possessing with the intent to sell, manufacture, distribute, or deliver, any narcotic, synthetic drug, medicine (medically prescribed or over-the-counter), chemical compound, or other controlled substance, except as expressly permitted by applicable law.
3.    Paraphernalia – Possessing or using drug paraphernalia, including, but not limited to, bongs, bowls, pipes, roach holders, grinders, or scales.
4.    Huffing/Sniffing – Huffing or sniffing any substance not intended for such use.
5.    Driving Under the Influence – Operating a motor vehicle under the influence of drugs or while impaired by the consumption or use of drugs.
6.    Public Intoxication – Being intoxicated in public attributable in part or in whole to the use of drugs.
H.   Failure to Comply
1.    Reasonable Directions – Failing to comply with the reasonable directions of or meeting requests by a University Official or other designated security or law enforcement officials acting in the performance of their duties.
2.    Violating Sanctions – Knowingly violating the terms of any sanction imposed under the Code.
3.    Failing to Report Arrest or Conviction – Failing to report any arrest or conviction for a criminal offense pursuant to Section III.B.4. of the Code.
4.    Failing to Report Parent Organization Action – Failing to report any parent organization action pursuant to Section III.B.3.f. of the Code.
I.    Fake Identification
1.    Forgery/Counterfeiting – Forging, counterfeiting, or altering without authorization any document or instrument of identification (ID).
2.    Possession/Use Possessing, using, or displaying an ID that is not one’s own or is fake, forged, altered, canceled, revoked, or suspended.
3.    Loan/Sale - Loaning or selling an ID to another individual not entitled to the ID.
J.    False Information
1.    Furnishing – Furnishing false information to a University Official or other designated security or law enforcement officials with the intent to deceive or mislead, including, but not limited to, filing a false complaint alleging misconduct by another individual. Providing information in good faith, which later is determined to be without merit, shall not be considered a violation of the Code.
2.    Misuse of University Documents – Forging, altering, misrepresenting, or misusing any University document or record.
3.    False Report of Emergency – Falsely reporting a fire, bomb, or other emergency or falsely setting off a fire alarm.
4.    Misrepresenting University Affiliation – Misrepresenting to a third party one’s affiliation with the University.
K.   Fire Safety
1.    Setting a Fire – Setting a fire without authorization or in a manner that creates a safety hazard.
2.    Misusing Equipment – Misusing, tampering with, or damaging fire safety equipment, including, but not limited to, fire extinguishers, smoke detectors, emergency exit signs, or sprinkler systems.
L.    Gambling – Operating any form of gambling business or related activity, except as expressly permitted by law. Gambling includes, but is not limited to, accepting or managing wagers, providing the mechanisms for wagering or for playing games of chance for profit, facilitating or encouraging gambling by a student-athlete, or seeking or encouraging a student-athlete to provide information or advice regarding competitions in which they will participate.
M.  Hazing – Engaging in any activity for the purpose of, among other things, initiation, admission into, affiliation with, or as a condition for continued membership in, an Organization that recklessly or intentionally harms or threatens or is intended to harm or threaten the mental or physical health or safety of an individual, or removes public or private property. Examples of hazing include, but are not limited to, unreasonable interference with a student’s academic performance; forced actions or inactions that demean or disgrace an individual; forced or coerced consumption of food, alcohol, drugs, or any other substance; forced or coerced actions that violate federal, state, or local law or the Code; forced or coerced wearing of inappropriate apparel; forced or coerced exclusion from social contact; creation of unnecessary fatigue (e.g., physical activity, deprivation of sleep); deprivation of food; any unnecessary physical contact (e.g., beating, paddling, forced exercises); personal servitude; unreasonable exposure to weather or the elements; or any other activity that could reasonably be viewed as subjecting others to embarrassment, degradation or humiliation. Silent participation, knowledge of, being in the presence of, or observation of hazing is not a neutral act; they are considered a violation of the hazing provision.
N.   Presence During Prohibited Conduct – Being present during any violation of University policy, including prohibited conduct under the Code, in such a way as to condone, support, or encourage the violation. Students who are present during prohibited conduct or anticipate a violation to occur are expected to remove themselves from the situation and report the conduct to an appropriate University Official.
O.   Retaliation – Retaliating against an individual who is participating or has participated in the Conduct Procedures (e.g., reporting an alleged violation, providing a statement or testimony as a witness, serving as part of the adjudication of an alleged violation(s) of the Code). Retaliatory acts may include threats, intimidation, coercion, harassment, or discouraging or influencing participation and will be addressed separately from the underlying alleged violation(s) of the Code.
P.    Sexual Violence
1.    Non-Consensual Sexual Intercourse – Engaging in any sexual intercourse, whether anal, oral, or vaginal, however slight, with any object, upon another individual without 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; or oral copulation (mouth to genital contact or genital to mouth contact).
2.    Non-Consensual Sexual Contact – Engaging in any intentional sexual touching, however slight, with any object, upon another individual, without Consent or by physical force. Sexual touching is any intentional contact with the breasts, buttocks, groin, or genitals; touching an individual with any of these body parts; making an individual touch themselves or another individual 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 an individual for one’s own advantage or benefit or to benefit anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to, exposing one’s genitals in non-consensual circumstances; exceeding the boundaries of explicit Consent, such as allowing others to hide in a closet to surveil one’s consensual sexual activity; engaging in voyeurism (“peeping tom”) or facilitating voyeurism by others; non-consensual video or audio recording of sexual activity; prostituting another student; or knowingly transmitting a sexually transmitted disease/infection to another individual.
4.    Intimate Partner Violence – Engaging in Intimate Partner Violence, which includes the following:
a.    Dating Violence – Violence committed by an individual who is or has been in a social or “dating” relationship of a romantic, intimate, or sexual nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the individuals involved in the relationship.
b.    Domestic Violence – Violence committed by a current or former spouse or intimate partner of the victim, by an individual with whom the victim shares a child in common, by an individual who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by an individual similarly situated to a spouse of the victim under the domestic or family violence laws of Alabama, or by any other individual against an adult or youth victim who is protected from that individual’s acts under the domestic or family violence laws of Alabama.
5.    Stalking – Engaging in a course of conduct (two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual’s property) directed at a specific individual that would cause a reasonable individual (under similar circumstances and with similar identities to the victim) to (a) fear for their safety or the safety of others or (b) suffer significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling (i.e. substantial emotional distress). Examples include, but are not limited to, following another person; lying in wait; engaging in excess communications, including any attempt to intentionally and repeatedly make contact with an individual over their stated objections for the purpose of harassing or alarming them; or threatening an individual or an individual’s family, friends, or property. Stalking also includes “cyber-stalking,” a particular form of stalking in which a person uses electronic media, such as the internet, social networks, blogs, phones, texts, or other similar devices or forms of contact.
Q.   Theft and Unauthorized Possession
1.    Theft – Taking University property or the property of others without authorization.
2.    Unauthorized Possession/Use – Possessing University property or the property of others without authorization.
R.   Unauthorized Access/Use
1.    Premises/Resources – Accessing or using University Premises/resources or the property/resources of others without authorization. Examples include, but are not limited to, possessing, duplicating, or using keys or access cards to University Premises without authorization.
2.    Confidential Information – Accessing or using private or confidential information in any medium without authorization.
S.    Vandalism – Destroying, defacing, tampering with, or damaging University property or the property of others, including, but not limited to, driving motor vehicles on lawns or grounds of University property without authorization.
T.    Violation of Law – Committing an act that violates federal, state, or local law that is not otherwise a violation of the Code.
U.   Violation of University Policies, Rules, Regulations, Directives, or Guidelines – Violating published University policies and procedures; rules; regulations; directives; or guidelines, including, but not limited to, all Student Housing & Residence Life policies, student housing contract, and the Residence Life Handbook (collectively referred to as “Residence Life Policies”); and any regulations or guidelines related to service animals, assistance animals, and service animals in training.

VI. Sanctions

If a Responding Party is found responsible for a violation(s) of the Code, a sanction(s) will be imposed. Compelling factors that may affect the severity of the sanction(s) include, but are not limited to, the Responding Party’s demonstrated understanding of their responsibility and level of accountability; the conduct history of the Responding Party; the nature of the incident and the facts and circumstances related to the case; the severity of any damage, injury, or harm resulting from the incident; the level of disruption to normal University operations and activities; or whether the incident was motivated by bias based upon race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, disability unrelated to program performance, veteran status, or genetic or family medical history.

A.   Individual Student Sanctions

One or more of the following sanctions may be imposed on a Student found responsible for a violation(s) of the Code:
1.    Conduct Warning – Formal written warning that the Student’s behavior was in violation of the Code and that if the Student is subsequently found responsible for a violation(s) of the Code, more severe sanctions could result.
2.    Conduct Probation – A status in which the Student is deemed not to be in good conduct standing with the University for a specified period of time. Conduct Probation does not affect the Student’s academic standing (i.e. the Student may continue attending the University), is not shared with instructors, and is not notated on the Student’s permanent academic record. If the Student is subsequently found responsible for a violation(s) of the Code while on Conduct Probation, more severe sanctions, including Conduct Suspension or Conduct Expulsion, could result. Conditions restricting the Student’s participation in University activities may also be imposed.
3.    Conduct Suspension – Separation of the Student from the University for a specified period of time. During the Conduct Suspension period, the Student is administratively banned from the University and may not be present on University Premises (excluding UAB Medicine and UAB Health Services Foundation facilities unless otherwise specified); attend or participate in classes; access various University electronic systems; or participate in Student Organizations or any University-sponsored activity. Violation of the terms of Conduct Suspension may subject the Student to additional sanctions pursuant to Section V.H.2. and Section V.R.1. of the Code or to criminal action. The Student will be automatically withdrawn from registered courses based upon the effective date of the Conduct Suspension. The Student will be responsible for any financial obligations to the University but may be eligible for a refund of tuitions and fees based upon the effective date of the Conduct Suspension and the University’s Institutional Refund Policy. Notation of the Conduct Suspension will appear on the Student’s permanent academic record and will remain until the end of the Conduct Suspension period.
4.    Conduct Expulsion – Permanent separation of the Student from the University. The Student is administratively banned from the University and may not be present on University Premises (excluding UAB Medicine and UAB Health System Foundation facilities unless otherwise specified); attend or participate in classes; access various University electronic systems; or participate in Student Organizations or any University-sponsored activity. Violation of the terms of Conduct Expulsion may subject the Student to criminal action. The Student will be automatically withdrawn from registered courses based upon the effective date of the Conduct Expulsion. The Student will be responsible for any financial obligations to the University but may be eligible for a refund of tuitions and fees based upon the effective date of the Conduct Suspension and the University’s Institutional Refund Policy. Notation of the Conduct Expulsion will appear on the Student’s permanent academic record until the date the Conduct Expulsion is rescinded, if it is rescinded. The Student may petition the Vice President or designee in writing for the Conduct Expulsion to be rescinded, but not earlier than five (5) calendar years from the effective date of the Conduct Expulsion.
5.    Removal from University Housing – Loss of the privilege of living in University housing. Removal may be for a definite period of time not less than the remainder of the semester in which the Removal is imposed or for an indefinite period of time. If the Removal is for an indefinite period, the Student may petition the Executive Director for Housing and Dining in writing for restoration of University housing privileges, but not earlier than one (1) calendar year from the effective date of the Removal. The Student will be responsible for any financial obligations to the University as set forth in the student housing contract between the University and the Student.
6.    Post-Enrollment and Post-Graduation Sanctions – An individual who is found responsible for a violation(s) of the Code, but who graduates from the University before imposition of a sanction, may be subject to (a) rescindment of any degree awarded; (b) temporary or permanent withholding of the degree or the transcript for any degree earned, regardless of whether the degree has been awarded; or (c) having sanction(s) imposed as a condition of re-enrollment at the University.
7.    Additional SanctionsThe following sanctions may be imposed in addition to those listed in Section VI.A.1-6. of the Code:
a.    restitution for actual financial loss incurred by an individual or the University as a result of the Student’s violation(s);
b.    exclusion or administrative ban from all or a portion of any University Premises or any University-sponsored activity, as specified in the sanction, for a definite or indefinite period of time;
c.     reassignment to another University housing location or facility;
d.    an administrative no contact order with an individual;
e.    community service or participation in educational programs;
f.     restitution for expenses incurred by individuals or the University as a result of providing educational programs or other educational experiences related to the violation(s);
g.    parental/guardian notification, pursuant to the University's Student Records Policy; or
h.    any other appropriate sanction as determined by the University Official appointed to resolve the case.

B.   Student Organization Sanctions

One or more of the following sanctions may be imposed on a Student Organization found responsible for a violation(s) of the Code:
1.    Conduct WarningFormal written warning that the Organization’s behavior was in violation of the Code and that if the Organization is subsequently found responsible for a violation(s) of the Code, more severe sanctions could result.
2.    Recognition Probation – A status in which the Organization is deemed not to be in good conduct standing with the University for a specified period of time. The Organization may seek and add members during the probationary period and may host other activities unless otherwise specified. If the Organization is subsequently found responsible for a violation(s) of the Code while on Recognition Probation, more severe sanctions, including Recognition Suspension or Recognition Revocation, could result.
3.    Recognition Suspension – Removal of University recognition or loss of funding for the Organization for a specified period of time. During the period of Recognition Suspension, the Organization is deemed not to be in good conduct standing with the University. While under Recognition Suspension, the Organization may continue to occupy or hold property, but may not function at the University; utilize University facilities or services; or participate in any University-sponsored activity.
4.    Recognition Revocation – Permanent removal of University recognition or loss of funding for the Organization. The Organization may not function at the University; utilize University facilities or services; or participate in any University-sponsored activity. The Organization may petition the Vice President or designee in writing for the Recognition Revocation to be rescinded, but not earlier than five (5) calendar years from the effective date of the Recognition Revocation.
5.    Additional Sanctions – The following sanctions may be imposed in addition to those listed in Section VI.B.1-4. of the Code:
a.    restitution for actual financial loss incurred by an individual or the University as a result of the Organization’s violation(s);
b.    exclusion or administrative ban from all or a portion of any University Premises or any University-sponsored activity, as specified in the sanction, for a definite or indefinite period of time (e.g., exclusion from intramural competition, denial of use of University Premises for meetings or activities);
c.     suspension of recruiting or intake processes;
d.    loss of or limitation on social event privileges;
e.    loss of or limitation on student organization privileges;
f.     community service or participation in educational programs;
g.    restitution for expenses incurred by individuals or the University as a result of providing educational programs or other educational experiences related to the violation(s); or
h.    any other appropriate sanction as determined by the University Official appointed to resolve the case.

C.    Deferral of Sanctions

At the discretion of the Director, the imposition of a sanction(s) normally will be deferred until after an appeal decision is made, as described in Section VII.G.3. of the Code, but may be imposed immediately after a Hearing if:
1.    the Responding Party has been found responsible for an act which resulted or foreseeably could have resulted in personal injury to another; 
2.    the Responding Party has been found to be in possession of a dangerous weapon or firearm;
3.    the Responding Party has been found responsible for the forgery or alteration of a University document or record; or
4.    the Responding Party has committed an additional violation of the Code during the appeal period or has violated the terms of a previous sanction(s).

D.   Readmission to the University

Readmission to the University after Conduct Suspension or a rescinded Conduct Expulsion is dependent upon the individual’s compliance with the imposed sanction(s) and the individual’s fitness to return to the campus community. These decisions are made by the Vice President or designee or the University’s Admission Review Committee and may include consultation with appropriate University officials. In some cases, appropriate documentation may be required for readmission. Upon readmission, additional requirements may be placed on the individual.

VII. Conduct Procedures

A.   Case Referrals

1. Any individual may refer a Student or Student Organization suspected of violating the Code to the Office of Student Conduct & Outreach online. The referral must include factual information supporting the allegation. An individual making such a referral will normally be expected to participate in the Conduct Procedures as a witness. Referrals should be made as soon as possible after the alleged violation(s) occurred. Anonymous referrals may limit the University’s ability to appropriately respond to the referral. Additionally, the Office of Student Conduct & Outreach may utilize information resulting from police reports, media reports, or other referral sources.
Based on such a referral, the Director or designee will determine whether the Conduct Procedures shall be initiated. This determination should be made within ten (10) Business Days after the referal is received; however, a reasonable extension of this time limit is permissible.
In some instances, an Investigator may be assigned to investigate an alleged violation(s) of the Code. The Investigator will conduct interviews with the Responding Party and any relevant witnesses; will collect and review any other information relevant to the report; and will submit a written report to the Director or designee summarizing their findings. If an investigation is anticipated to last for an extended period of time, the Director or designee, in their discretion, may initiate the Conduct Procedures following a preliminary inquiry.
2. If the Director or designee initiates the Conduct Procedures, a University Conduct Officer will deliver a written notice of referral to the Responding Party via the Responding Party’s official UAB email. The notice of referral will include the following:
a.    notice of the alleged violation(s) of the Code and that the alleged violation(s) may be modified as a result of additional information provided during the Conduct Procedures;
b.    information regarding next steps in the Conduct Procedures (e.g., a request that the Responding Party participate in a meeting with a University Conduct Officer to discuss details related to the alleged violation(s), a referral to an investigation);
c.     a statement indicating that the Responding Party has the right to have a Support Individual present during the Conduct Procedures; and
d.    if a meeting is requested, notice that the Responding Party is required to respond to the meeting request within three (3) Business Days of delivery of the notice of referral.

B.   Participation of a Support Individual

The Responding Party and any witness may each invite an individual to the Conduct Procedures to serve solely as a Support Individual. During the Conduct Procedures, the Support Individual may confer with the Responding Party or the witness they are advising but may not address a University Official or Conduct Board Member, other parties, or witnesses, and may not unreasonably delay, disrupt, or otherwise interfere with the proceedings. A Support Individual may not argue, make statements, or question witnesses; however, a Support Individual may respond to questions if asked to do so by a University Official or Conduct Board Member. A Support Individual may not serve as a witness.
The Responding Party and the witness must provide notice of participation of a Support Individual at least three (3) Business Days prior to the scheduled meeting or Hearing. The Responding Party and the witness must also complete an Authorization to Release Conduct Records prior to being accompanied by a Support Individual.

C.    Interim Actions

1.    Students

When the University determines that a Student’s behavior (a) is potentially threatening, harmful, or dangerous to others or the University community; (b) poses a threat of significant property damage; (c) impacts the stability and continuity of normal University operations and activities; or (d) directly and substantially impedes the lawful activities of others, the Director or designee may take interim action, pending the outcome of any Conduct Procedures. Interim actions include, but are not limited to, the following:
a.    temporary suspension from the University;
b.    exclusion or administrative ban from all or a portion of any University Premises or any University-sponsored activity, including, but not limited to, removal from University housing;
c.     an administrative no contact order with an individual; or
d.    if a Student persists in disrupting a particular course in violation of Section V.E.2. of the Code after a warning or exclusion from class sessions by the instructor as described in Section V.E.2. of the Code, temporary suspension from that course only.
Within five (5) Business Days of the effective date of the interim action(s), the Student may submit a written request for termination or modification to the Assistant Vice President or designee. In reviewing the request, the Assistant Vice President or designee shall consider the following issues only:
a.    the reliability of the information concerning the Student’s behavior, including an assertion of mistaken identity; and
b.    whether the alleged conduct and the surrounding circumstances reasonably indicate that the Student is threatening, harmful, or dangerous to others or the University community; poses a threat of significant property damage; impacts the stability and continuity of normal University operations and activities, including the normal conduct of class; or directly and substantially impedes the lawful activities of others.
The Assistant Vice President or designee may, in their discretion, meet with the Student and utilize information gathered in that meeting to make a decision whether to terminate or modify the interim action(s). The Student may have a Support Individual present.
Under certain circumstances, as a condition for termination or modification of the interim action(s), the Assistant Vice President or designee may require that certain conditions be met, such as the Student’s consent to completion of a medical or psychological evaluation to be arranged and paid for by the University. The Student shall ensure that the medical or psychological evaluation report or other requested report is delivered to the University promptly. The Assistant Vice President or designee shall consider such report in making a decision whether to terminate or modify the interim action(s).
The Conduct Procedures shall be initiated as soon as practicable.

2.    Student Organizations

When the University determines that the continued activities of a Student Organization (a) are potentially threatening, harmful, or dangerous to others or the University community; (b) pose a threat of significant property damage; (c) impact the stability and continuity of normal University operations and activities; or (d) directly and substantially impede the lawful activities of others, the Director or designee may take interim action, pending the outcome of any Conduct Procedures. Interim actions include, but are not limited to, the following:
a.    temporary suspension from the University in which the Organization must cease activities both on campus and off campus;
b.    exclusion or administrative ban from all or a portion of any University Premises or any University-sponsored activity, including, but not limited to, exclusion from intramural competition or denial of use of University Premises for meetings or activities;
c.     suspension of rushing, recruiting, or intake processes; or
d.    suspension of social events.
Within five (5) Business Days of the effective date of the interim action(s), the Organization may submit a written request for termination or modification to the Assistant Vice President or designee. In reviewing the request, the Assistant Vice President or designee shall consider the following issues only:
a.    the reliability of the information concerning the Organization’s behavior, including an assertion of mistaken identity; and
b.    whether the alleged conduct and the surrounding circumstances reasonably indicate that the continued activities of the Organization are threatening, harmful, or dangerous to others or the University community; poses a threat of significant property damage; impacts the stability and continuity of normal University operations and activities; or directly and substantially impedes the lawful activities of others.
The Assistant Vice President or designee may, in their discretion, meet with the Organization and utilize information gathered in that meeting to make a decision whether to terminate or modify the interim action(s). The Organization may have a Support Individual present.
The Conduct Procedures shall be initiated as soon as practicable.

D.   Administrative Resolution of Residence Life Policy Violations

An Administrative Resolution may be applied in cases in which the following is determined:
1.    there is a preponderance of the evidence that a Student has engaged in a single, first-time violation of a specific Residence Life Policy, as described in Section V.U. of the Code;
2.    there is little additional information needed to resolve the case;
3.    important information relevant to the violation may be communicated to the Student in writing without a face-to face-meeting; and
4.    the appropriate response to the violation is limited to an official written notice to the Student educating them about the policy that has been violated.
The Administrative Resolution will result in written communication to the Student from a University Conduct Officer that:
1.    provides notification of the alleged violation;
2.    educates the Student about the policy that has been violated;
3.    offers the Student the opportunity to engage in a Joint Resolution; 
4.    notifies the Student that they have three (3) Business Days to request a Joint Resolution; and
5.    notifies the Student that if they do not respond within three (3) Business Days, the Administrative Resolution stands, and the case will be closed.

E.    Joint Resolution

If the University Conduct Officer determines that the Joint Resolution process is appropriate, they will offer the Responding Party the option of a Joint Resolution during the meeting scheduled after the notice of referral or at a subsequent meeting. The Responding Party has three (3) Business Days to accept or decline a Joint Resolution.
A Responding Party who accepts a Joint Resolution must voluntarily accept the findings and sanction(s) proposed by the University Conduct Officer and waives their right to a Hearing. The Joint Resolution must be in writing and signed by the Responding Party and the University Conduct Officer. The accepted Joint Resolution may not be appealed.
If the University Conduct Officer does not offer a Joint Resolution or the Responding Party declines the Joint Resolution, the University Conduct Officer shall refer the case to a Hearing.
If the Responding Party fails to respond within seven (7) Business Days of an initial request for a meeting or if the Responding Party fails to inform the University Conduct Officer of their decision on the Joint Resolution, the case may be resolved in the Responding Party’s absence pursuant to Section VII.F. of the Code.

F.    In Absentia Resolution

If the Responding Party fails to respond within seven (7) Business Days of an initial meeting request or if the Responding Party fails to inform the University Conduct Officer of their decision on a Joint Resolution, the case may be resolved in the Responding Party’s absence through an In Absentia Resolution. If the case is resolved through an In Absentia Resolution, the Responding Party waives their right to a Hearing. The University Conduct Officer will, in their professional judgment, make a determination on findings for any alleged violation(s) of the Code and may specify any appropriate sanction(s).
The Responding Party shall be notified of the In Absentia Resolution in writing no later than five (5) Business Days after the determination is made. The Office of Student Conduct & Outreach may place a hold on the Responding Party’s student record until such time as the Responding Party confirms receipt of the written resolution.
Within five (5) Business Days after delivery of the written resolution, the Responding Party may petition the University Conduct Officer in writing to rescind the In Absentia Resolution. If granted, the University Conduct Officer will move forward with either a Joint Resolution or a Hearing. The University Conduct Officer may consider any factors in rescinding the In Absentia Resolution, including, but not limited to, extenuating circumstances related to the Responding Party’s failure to respond or access to information not available at the time of the In Absentia Resolution.

G.   Hearing

If the case is not resolved through a Joint Resolution or an In Absentia Resolution, the University Conduct Officer shall refer the case to a Hearing. The University Conduct Officer may modify the alleged violation(s) based on information provided before or during the Joint Resolution process.
The scheduling of a Hearing may be delayed at the discretion of the Director or designee due to reasons including, but not limited to, if the alleged violation(s) occurs close to the end of an academic term, the reasonable need of additional time for the Responding Party to gather information for the Hearing, or upon request of the Responding Party due to extenuating circumstances.
At any time before the scheduled Hearing, a Joint Resolution may be offered or accepted.

1.    University Conduct Board and Administrative Hearing Officer

a.    When a case is referred to a Hearing, the Director or designee will convene a University Conduct Board. A University Conduct Board shall be composed of four (4) individuals selected by the Director or designee from a pool consisting of (i) trained University staff members, (ii) trained instructors/faculty members; and (iii) trained students appointed by the Undergraduate Student Government Association and the Graduate Student Government Association. Each time a University Conduct Board is convened, one member will be appointed by the Director or designee as the non-voting Chair.
b.    The Director or designee may, in their discretion, convene a Hearing with an Administrative Hearing Officer if the case arises at a time when a full University Conduct Board is unavailable (e.g., holidays, semester breaks, summer months); there is clear and convincing information that the Responding Party may not receive a fair Hearing from a University Conduct Board; a backlog of cases has developed and the use of an Administrative Hearing Officer is necessary to assure prompt resolution of cases; or the Director or designee determines that the complexity or required expediency of the case necessitates the use of an Administrative Hearing Officer.
c.     A University Conduct Board member or Administrative Hearing Officer who has a conflict with, bias about, or interest in the case or is closely associated professionally or personally with any relevant party to the case should recuse themselves. If a University Conduct Board member or an Administrative Hearing Officer with a conflict fails to recuse themselves, the Director or designee shall make the decision about whether to remove that individual from the University Conduct Board or to assign a different Administrative Hearing Officer. A Responding Party may challenge a University Conduct Board member or Administrative Hearing Officer pursuant to Section VII.G.2.c. of the Code.
d.    In the discretion of the Director, the primary documentary information to be presented by the University at the Hearing and a list of witnesses may be submitted to the University Conduct Board of Administrative Hearing Officer in advance of the Hearing.

2.    Hearing Proceedings

a.    Notice of the Hearing
Written notice of the Hearing shall be provided to the Responding Party at least five (5) Business Days prior to the date of the Hearing. The notice of Hearing will include the following:
                                                              i.        notice of the alleged violation(s) of the Code, citing the alleged behavior prohibited by the Code;
                                                             ii.        the date, time, and location for the Hearing;
                                                            iii.        the names of the University Conduct Board members or the name of the Administrative Hearing Officer who will hear the case;
                                                           iv.        the name of the University Official designated to present the case on behalf of the University;
                                                            v.        the names of any witness being called to provide testimony; and
                                                           vi.        a statement indicating that the Responding Party has the right to have a Support Individual present during the Hearing.
Notice is sufficient if sent via email to the Responding Party’s official UAB email address or mailed via first class, registered, or certified mail to the Responding Party’s current address as shown in the student information system on the date of mailing. All claims of failure to receive adequate notice are waived by the Responding Party if the Responding Party appears at the Hearing and does not formally raise the issue of adequate notice at the first opportunity.
b.    Attendance of Parties
If the Responding Party fails to appear at the Hearing after being notified pursuant to the Code, the Hearing will continue in the absence of the Responding Party.
c.     Challenges of University Conduct Board Members or Administrative Hearing Officer
The Responding Party may challenge a University Conduct Board member or the Administrative Hearing Officer on grounds of bias or a personal relationship that might affect impartial consideration of the case. The Responding Party must submit the challenge in writing to the Director at least two (2) Business Days prior to the scheduled Hearing. The Director must make a decision on the challenge prior to the Hearing. If the Director determines possible bias, they will excuse the University Conduct Board member or the Administrative Hearing Officer and appoint a replacement. The Hearing may be rescheduled at the discretion of the Director in order to appoint an available replacement.
d.    Multiple Responding Parties
Pursuant to FERPA, an alleged violation(s) against multiple Responding Parties involved in the same incident may be heard in a single Hearing only if each Responding Party consents in writing in advance of the Hearing.
e.    Special Accommodations 
Upon timely request to the Director or designee by the Responding Party or any witness, the University may be able to provide special accommodations for testimony by alternate methods (e.g., room divider, video conference). Such accommodations are at the discretion of the Director or designee. The University’s ability to provide special accommodations may be limited by the timing of the request and the accessibility of resources.
f.     Hearing Guidelines
                                                              i.        Formal rules of evidence do not apply. The Chair or Administrative Hearing Officer, in consultation with the Staff Advisor, will determine the admissibility of any information. The Responding Party’s conduct history is not to be considered in the Hearing unless and until the Responding Party is found responsible for a violation(s) of the Code.
                                                             ii.        The Chair or Administrative Hearing Officer will exercise control over the proceedings in order to maintain a fair, impartial, and efficient Hearing for all involved individuals. The Chair or Administrative Hearing Officer may exclude or remove any individual who unreasonably delays, disrupts, or otherwise interferes with the Hearing, including the Responding Party, any witness, or their respective Support Individuals.
                                                            iii.        A Staff Advisor designated by the Director or designee will attend the Hearing, may comment on questions of procedure and admissibility of information, and will otherwise assist in conducting the Hearing. The Staff Advisor will be present during deliberations but may not actively participate in the deliberations or vote.
                                                           iv.        Each Hearing shall be audio recorded or transcribed by the University and not by any other individual, and the recording or written transcript becomes a part of the case file in the Office of Student Conduct & Outreach. All documents or recordings included in the case file are the property of the University.
                                                            v.        The Hearing is closed to the public. Admission of any individual to the Hearing shall be at the discretion of the Chair or Administrative Hearing Officer, in consultation with the Staff Advisor pursuant to Section VII.G.2.f.ii. of the Code.
                                                           vi.        A University Official shall present the case on behalf of the University, including witnesses or documentary information to establish the alleged violation(s). The Investigator will present information regarding the investigation, if applicable.
                                                          vii.        The Director or designee may submit as documentary information any notes from the Joint Resolution process.
                                                         viii.        The Responding Party and any witness are expected to give truthful testimony. Furnishing untruthful testimony may subject a University student or employee to appropriate disciplinary action.
                                                           ix.        The Responding Party shall be given the opportunity to present any witnesses or documentary information that they wish to offer, provided that, at the discretion of the Chair or Administrative Hearing Officer, the information is relevant to the alleged violation(s) or other information presented and does not otherwise infringe upon the rights of other Students. If the Responding Party has a question for a witness during the Hearing, they must present the question to the Chair or Administrative Hearing Officer, who may then ask the question or a rephrased question in their discretion on behalf of the Responding Party. The Responding Party will be afforded the opportunity to examine any documents offered. Documentary information does not include written witness statements. Written witness statements are admissible only in accordance with Section VII.G.2.f.x. of the Code.
                                                            x.        All witnesses are expected to attend the Hearing. Subject to other provisions in the Code related to the admissibility of information, written witness statements in lieu of appearance and testimony at the Hearing may be admitted as information only if the witness’s attendance would result in significant and unavoidable personal hardships or substantial interference with normal University operations and activities. A desire to avoid questioning may not be used to demonstrate “personal hardships.” To be eligible for admission into information, such written statements must be signed by the individual writing the statement and verified by an individual appointed by the Director.
                                                           xi.        To determine findings for any alleged violation(s) of the Code, a vote will be taken in private, based solely on the information presented at the Hearing. In the case of a University Conduct Board, the determination shall be by majority vote of the voting members.
                                                          xii.        If the Responding Party is found responsible for a violation(s) of the Code, the University Conduct Board or Administrative Hearing Officer will recommend an appropriate sanction(s). The Responding Party’s conduct history may be considered at this time. The Responding Party and any individual who was an alleged victim of the violation(s) while they were a Student or University employee may each provide an Impact Statement as part of the sanctioning phase of the Hearing. The Impact Statement is not binding to the University Conduct Board or Administrative Hearing Officer, but will be given such weight as deemed appropriate.
                                                         xiii.        The University Conduct Board’s or Administrative Hearing Officer’s determinations on findings and recommendation on sanction(s) (if applicable) will be sent to the Director in a form of a brief written summary noting the rationales upon which the determination and recommendation are based. The Director has the authority to affirm or adjust the recommended sanction(s).
                                                         xiv.        The Director shall deliver their determination in a written notice of outcome no later than five (5) Business Days after the recommendation is made. The notice of outcome will include determinations on findings and sanction(s) (if applicable), due date(s) assigned for any sanction(s), the rationales upon which the determinations are based, and any available appeal rights, including the permitted grounds for appeal and the time limits in which to appeal.

3.    Appeal

Within five (5) Business Days after delivery of the written notice of outcome, the Responding Party may submit written rationale for appeal of the determination on finding(s) or the determination on sanction(s) to the Director via an online form available from the Office of Student Conduct & Outreach. In extenuating circumstances, an extension of time may be granted by the Director. A request for an extension of time must be made in writing and approved by the Director.
The appeal must clearly state the grounds on which it is based and present specific reasons or justifications to support the appeal. Appeals will be considered if based only on the following grounds:
a.    a specified procedural error(s) occurred that significantly impacted the outcome of the Hearing;
b.    new information exists that was not known or could not have been known at the time of the Hearing and could substantially impact the determination on findings or sanction(s);
c.     the determination on findings was not based on substantial information-that is, whether there were facts that, if believed by the University Conduct Board or Administrative Hearing Officer, were sufficient to establish that a violation(s) of the Code occurred; or
d.    there is no reasonable basis for the sanction(s) or the sanction(s) is grossly disproportionate to the severity of the violation(s).
Upon receipt, the Director or designee will promptly forward appeals meeting the requirements, along with the Record on Appeal, to the Vice President or designee. Appeals not meeting the requirements will not be considered.
The Vice President or designee shall make a decision based upon the written appeal and the Record on Appeal. The decision may:
a.    affirm the determinations on findings and the sanction(s) (if applicable);
b.    affirm the determination on findings and modify but not eliminate the sanction(s); or
c.     remand the case to the same or a new University Conduct Board or Administrative Hearing Officer.
The Vice President or designee will deliver their decision in writing no later than ten (10) Business Days after receiving the appeal documentation. The decision of the Vice President or designee affirming the findings shall be final and conclusive, and the sanction(s) will be imposed as directed. If the case is remanded, the appropriate Conduct Procedures set forth in the Code shall apply.

VIII. Conduct Records

A.   Student records shall reflect sanctions as provided in Section VI. of the Code.
B.   The case file, including audio recordings or transcripts of the Hearing, will be retained in the Office of Student Conduct & Outreach as part of the Responding Party’s conduct record for seven (7) years from the date of resolution. Conduct records may be retained for longer periods of time or permanently, as specified in the sanction(s) or if the sanction(s) is considered incomplete. Conduct records including the sanction of Conduct Suspension, Recognition Suspension, Conduct Expulsion, or Recognition Revocation shall be retained permanently. Conduct records designated as "permanent" shall not be voided except under very rare circumstances with unusual and compelling justification.
C.    No earlier than two (2) calendar years after completion of all sanctions associated with a case, an individual may request in writing via an online form available from the Office of Student Conduct & Outreach that their conduct record related to a minor violation of the Code be expunged early. In the written request, the individual should include what they have learned from the incident, how their behavior has changed since the incident, and any steps taken to address the behavior. Expungement decisions shall be made at the sole discretion of the Director or designee. An expunged record will not be disclosed except as required by law and will be considered internal to the University. Reports or other correspondences maintained by other University departments, UAB Police or other designated security or law enforcement, or another reporting agency are not subject to the expungement provision. Additionally, previous conduct record checks reported by the Office of Student Conduct & Outreach or another University department will not be affected by the expungement provision.
D.   Conduct records related to an Administrative Resolution and conduct records where there is a finding of not responsible are considered internal to the University and are not disclosed as part of a Student’s or Organization’s conduct history.
E.    Conduct records related to an individual student are protected and shall be maintained pursuant to the University’s Student Records Policy and applicable privacy laws, including limited exceptions that permit disclosure without a Student’s consent. Any portions of conduct records related to a Student Organization that do not contain identifiable student information are generally not protected from disclosure.
F.    Students may review their conduct records in accordance with the University's Student Records Policy.
G.   Appropriate University Officials may be notified of any findings or sanction(s). A Student Organization’s primary advisor and any parent organization staff may also be notified of any alleged violation(s), findings, or sanction(s). Additionally, (a) an individual who, while they were a Student or University employee, was an alleged victim of a crime(s) of violence (as defined in FERPA) or (b) a non-University affiliated victim of an alleged violation(s) of Sexual Misconduct, as defined in Section V.P. of the Code, that occurs within the boundaries defined by the UAB Annual Security and Fire Safety Report, shall be notified in writing of the outcome of the Conduct Procedures in accordance with applicable laws.

IX. Maintenance of Policy

The Code shall be reviewed periodically to determine whether revisions are appropriate to address the needs of the University community. The Code may be amended by the Vice President and President immediately based on changes in applicable governing laws, regulations, or policies.

X. Directory of Contacts

Office of Student Conduct & Outreach, 303 Hill Student Center, 205-975-9509
Title IX Office, 405 Hill Student Center, 205-996-1340
Office of the Vice President for Student Affairs, 401 Hill Student Center, 205-996-0132