Student Conduct Code

1. Student Conduct Code

Policy Statement

Student Conduct Administration’s goal in administering the Student Conduct Code is to

balance the individual need of the student with the needs of Baylor University’s

community.

Reason for the Policy

Student Conduct Administration manages each case under the Student Conduct Code

with care, concern, and compassion while seeking to teach integrity, responsibility, and

accountability to Baylor University students.

Individuals/Entities Affected by this Policy

All Baylor University students

Forms and Tools

Forms and tools are available at baylor.edu/studentconduct.

Definitions

These definitions apply to terms as they are used in this policy.

Business Days

Days when the University’s offices are open for business

Misconduct

Personal behavior on or off campus that: (1) interferes with Baylor's pursuit of its

educational and/or Christian objectives, and/or reflects poorly on the University;

(2) fails to exhibit due regard for or violates the rights of others; (3) shows

disrespect for persons and/or property; (4) violates, attempts to violate, and/or is

complicit in a violation of University rules, regulations, and/or policies; (5) violates,

attempts to violate, and/or is complicit in a violation of local, state, or federal laws,

Policy Title: Student Conduct Code

Policy Number:

Responsible Executive: Associate Dean for

Student Conduct Administration

Effective Date: September 13, 2022

Responsible Office: Student Conduct

Administration

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or the laws of other countries, where applicable; (6) fails to comply with the

directives of University personnel; and/or (7) fails to demonstrate honesty in

communication with, or in representing information to, the University and its

personnel

Contacts

Subject

Contact

Telephone

Office email/web site

Student Conduct

Administration

Associate Dean for

Student Conduct

Administration

254-710-1715

https://www.baylor.edu/studentconduct/

Student Life

Office of the Vice

President for Student

Life

254-710-1314

https://www.baylor.edu/student_life/

I. General

A. General Information

Baylor University rules, regulations, and policies applicable to students are

published in the Student Policies and Procedures and other student-related

publications. Since the Student Policies and Procedures and other student-related

publications may be revised semester to semester, it is the responsibility of the

student to obtain revisions from the Student Conduct Administration office. Most

of these publications can be found on the Baylor website or a student may contact

the Student Conduct Administration office (254-710-1715) for assistance in

obtaining copies of these publications with the latest revisions.

In all cases involving potential violation of University rules, regulations, and policies

or involving potential violation of local, state, or federal laws or the laws of other

countries, if applicable, the University reserves the right to proceed with its own

disciplinary action independently of governmental charges or prosecution. The

University has no obligation to await the outcome of governmental prosecution

before taking on its own disciplinary action.

B. General Expectations of Baylor Student and Applicability of Conduct

Code

Baylor University is governed by a predominantly Baptist Board of Regents and is

operated within the Christian-oriented aims and ideals of Baptists. The University

is affiliated with the Baptist General Convention of Texas, a cooperative

association of autonomous Texas Baptist churches. We expect that each Baylor

student will conduct himself or herself in accordance with Christian principles as

3. Student Conduct Code

commonly perceived by Texas Baptists. Personal misconduct either on or off the

campus by anyone connected with Baylor detracts from the Christian witness

Baylor strives to present to the world and hinders full accomplishment of the

mission of the University.

Under the Student Conduct Code, all Baylor students are expected to obey the

laws of the United States, the state of Texas, and municipalities, or, if studying

abroad, the laws of other countries. Students are also expected to obey the rules,

regulations, and policies established by Baylor University. These expectations

apply to all persons taking courses at or through the University, either full-time or

part-time, pursuing undergraduate, graduate, or professional studies. Persons who

are not officially enrolled for a particular term at the University but who have a

continuing relationship with the University or who have been notified of their

acceptance for admission, including admission into any Baylor University Pre-

College Program, may also be held to these standards. Persons who submit

falsified information or omit required information on any document for admission

to the University or University programs will also be held to these standards.

Each student is responsible for learning about and adhering to the Baylor

University Student Conduct Code. The Division of Student Life attempts to ensure

that the Student Conduct Code is communicated to all students through various

means. However, the student is responsible to the University for his or her conduct

that violates University policies. This code and its procedures apply from the time

that a person is notified of his or her acceptance for admission to the University,

including admission into any Baylor University Pre-College Program, through his

or her receipt of a diploma or other credential. Moreover, should a student witness

a violation of University policies on the part of other students, the student is

responsible for reporting that violation to an appropriate University official (e.g.,

Judicial Affairs administrators, Office of Academic Integrity administrator, Campus

Living & Learning staff, Baylor University Police Department, etc.).

C. Standard of Proof Used in Administrative and Student Conduct Board

Hearings

In Administrative and Student Conduct Board Hearings, the preponderance of the

evidence standard of proof is used to determine whether the student has

committed an act of misconduct. A finding of responsibility based on a

preponderance of evidence means that based on all relevant evidence and

reasonable inferences from that evidence, the greater weight of evidence indicates

that it was more likely than not the policy violation occurred.

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D. Record of Administrative and Student Conduct Board Hearings

1. The tangible evidence presented at an Administrative or Student Conduct

Board Hearing and the summary of the hearing constitutes the record of the

hearing.

2. The Student Conduct officer in an Administrative Hearing or the Chair of a

Student Conduct Board Hearing, or their designees, will arrange for the

appropriate preservation of hearing records. If it is determined through a

hearing that a student is responsible for a policy violation, hearing records will

be kept in the student’s conduct record file in accordance with University record

retention procedures, unless otherwise provided by the terms of the sanction

and/or the University makes a documented decision otherwise. If it is

determined through a hearing that a student is not responsible for a policy

violation, hearing records will be retained in a separate file, will not become a

part of the student's Student Conduct record file; and they will be marked

CONFIDENTIAL and will not be disclosed, except as permitted by the Family

Educational Rights and Privacy Act (FERPA) and its implementing regulations

or by a release authorization from the student, or as required by law; such

records will be kept in a form and format as deemed appropriate by the

University.

E. Proceedings of Hearings Subject to FERPA

Documents related to Administrative Hearings or Student Conduct Board Hearings

are subject to the provisions of the Family Educational Rights and Privacy Act

(FERPA) and its implementing regulations, which provide among other things that

personally identifiable student education records may only be disclosed to third

parties under certain circumstances. Members of the Student Conduct Board,

including student members, are engaged in an administrative function for the

University in the course of their work on the Board and are required to respect the

privacy expectations of students who are involved in Conduct Board-related

matters. Conduct Board members who fail to do so may be removed from the

Board by the Vice President for Student Life and may also be subject to disciplinary

action under the Student Conduct Code.

F. Right to Withhold Transcript and/or Block Registration

Baylor University may withhold the issuance of a transcript record and/or block the

registration of any current or prior student if the student has certain outstanding

obligations to the University. The student obligations may be financial or non-

financial. Financial obligations include: Parking Services traffic fines, Health

Center charges, student loan accounts, tuition and fees, long distance telephone

accounts, or any other financial obligation owed by the student to the University.

5. Student Conduct Code

Non-financial obligations include the University requirements of a student imposed

by published written policy or other written requirements including, but not limited

to, incomplete processing under the Student Conduct Code or Honor Code

Procedures. Release of the transcript and/or a registration block will be authorized

only after a financial obligation to the University is paid in full or satisfactory

arrangements are made to comply with other obligations.

G. Transcript Notations

As required by Texas Education Code Section 51.9364, the University will place a

notation on a student’s transcript and place a hold on the student’s registration

and/or transcript if the student is ineligible to reenroll at the University due to a

Student Conduct Code sanction of suspension or expulsion. If the student

withdraws from the University while a Student Conduct Code notice to the student

of an alleged violation is pending and the alleged violation could result in a

suspension or expulsion, the University will proceed to final resolution with the

Student Conduct Code process despite the student’s withdrawal.

On request by the student, the University may remove the notation from the

academic transcript if (1) the student is eligible to reenroll, or (2) the University

determines that good cause exists to remove the notation. Such requests should

be directed to Student Conduct Administration in writing. The removal of the

notation from the academic transcript shall not require the University to make any

modification to the student’s disciplinary records at the University.

II. Scope of the Baylor University Student Conduct Code

Student Conduct Administration generally handles matters that fall under the Student

Conduct Code.

Violations of the University’s Civil Rights Policy and Procedures or the University’s

Sexual and Interpersonal Misconduct Policy are handled solely through procedures

outlined in those policies, and not through the procedures outlined in this Student

Conduct Code. However, where reported misconduct involves potential violations of the

University’s Civil Rights Policy and Procedures and/or the Sexual and Interpersonal

Misconduct Policy and the Student Conduct Code, the University may choose (at its

discretion) to investigate and adjudicate such potential Student Conduct Code violations

through the procedures provided for in the Civil Rights Policy and Procedures and/or the

Sexual and Interpersonal Misconduct Policy, and not through the procedures outlined in

this Student Conduct Code.

Academic violations are defined by and adjudicated under the Honor Code.

6. Student Conduct Code 
 
In determining sanctions for violations of either the Student Conduct Code or the Honor 
Code, the University may consider the totality of a student's misconduct at the University 
as defined by the Honor Code, the Student Conduct Code, the Civil Rights Policy and 
Procedures, the Sexual and Interpersonal Misconduct Policy, and other applicable 
University policies. 
 
III. Misconduct Defined 
 
As  emphasized  in  the  General  Expectations  of  Baylor  Students  section  above,  the 
University expects that each Baylor student will conduct himself or herself in accordance 
with Christian principles as commonly perceived by Texas Baptists. Personal misconduct 
either on or off the campus by anyone connected with Baylor detracts from the Christian 
witness Baylor strives to present to the world and hinders full accomplishment of the 
mission of the University. As used in the Student Conduct Code, the term misconduct 
refers to personal behavior on or off campus that: (1) interferes with Baylor's pursuit 
of  its  educational  and/or  Christian  objectives,  and/or  reflects  poorly  on  the 
University; (2) fails to exhibit due regard for or violates the rights of others; (3) 
shows disrespect for persons and/or property; (4) violates, attempts to violate, 
and/or is complicit in a violation of University rules, regulations, and/or policies; 
(5) violates, attempts to violate, and/or is complicit in a violation of local, state, or 
federal laws, or the laws of other countries, where applicable; (6) fails to comply 
with the directives of University personnel; and/or (7) fails to demonstrate honesty 
in communication with, or in representing information to, the University and its 
personnel. 
 
As noted in Section II, Scope of Baylor University Student Conduct Code, violations of 
the  University’s  Civil Rights Policy and Procedures or  the  University’s  Sexual and 
Interpersonal Misconduct Policy are handled separately through procedures outlined 
in those policies, not through the procedures in this Student Conduct Code. 
 
In order to encourage complainants and witnesses to make reports of conduct prohibited 
under the Sexual and Interpersonal Misconduct Policy, the University will not pursue 
disciplinary action against a student who makes a good faith report to the University as a 
complainant or a witness to an incident of prohibited conduct (including reports of conduct 
prohibited under the Sexual and Interpersonal Misconduct Policy) for a violation by 
the student of the Student Conduct Code for conduct occurring at or near the time of the 
incident. This approach will apply regardless of the location at which the incident occurred 
or the outcome of the investigation. This includes amnesty for disclosure of personal 
consumption of alcohol or other drugs (underage or illegal), or audio/video recording of 
information that does not constitute sexual exploitation and provides relevant information 
in  such  cases,  which  would  otherwise  be  a  violation  of  this  Student  Conduct  Code. 
Similarly, the University will not pursue disciplinary action against students (complainants, 
respondents  or  witnesses  in  cases  falling  within  the  scope  of  the  Sexual  and 

7. Student Conduct Code

Interpersonal Misconduct Policy) for conduct in violation of the Sexual Conduct

Policy. Under no circumstances will a complainant or witness who makes a report of

sexual assault or other prohibited conduct, or a respondent who participates in an

investigation, be charged with violating the Sexual Conduct Policy, regardless of the

outcome.

Amnesty under the Student Conduct Code: Baylor students are expected to exercise

active care and concern for one another and contact appropriate authorities in the event

of any health or safety emergency, even if violations of the University’s alcohol policy

and/or controlled substances policy may have occurred in connection with such an

emergency. In these cases, amnesty is offered under this Student Conduct Code for

disclosure of such information, as outlined in detail in the Expectation of Responsibility.

The following examples of misconduct are not exclusive or all-inclusive but are

intended to provide some examples of the types of behavior that may result in disciplinary

action under the Student Conduct Code. These examples constitute a statement of

University policy, and such examples fall within one or more of the types of misconduct

referenced in the definition of misconduct above.

A. Expression that is inappropriate in the setting of Baylor University and in

opposition to the Christian ideals it strives to uphold.

B. Physical assault or abuse, harassment, threats, or threatening behavior

directed (by any means, including electronic means) toward a member of the

Baylor faculty, staff, or student body, or a third party in circumstances deemed

by the University to require action under this Student Conduct Code.

C. Obstruction or disruption of teaching, research, administration, public service,

or other activity or function of the University.

D. Any discriminatory practice as defined by the University’s Civil Rights Policy

and Procedures. As described in more detail in the Civil Rights Policy and

Procedures (the language of which controls over this summary), Baylor is

committed to maintaining an environment in which all students are treated with

respect and dignity, equal opportunities are promoted, and discriminatory

practices, including unlawful discrimination, are prohibited. Baylor does not

tolerate harassment or unlawful discrimination against students because of

age, color, disability, genetic information, national origin, pregnancy, race,

religion, sex, veteran status, or any other characteristic protected under

applicable federal, Texas, or local law except as otherwise provided under the

Civil Rights Policy and Procedures. Baylor also prohibits retaliation against any

student who makes a good faith report under the Civil Rights Policy and

Procedures. Discrimination, harassment, and intimidation can be through any

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communication means including social media posts, verbal comments, and

handwritten messages. Again, these prohibitions are stated in more detail in

the Civil Rights Policy and Procedures.

E. Hazing, as defined by the University’s Statement on Hazing.

F. Use or possession of firearms, explosives, fireworks, projectile type weapons

(e.g., arrows, darts, throwing knives, spears, javelins), or weapons on campus

without the approval of the Chief of Baylor Police in consultation with the Vice

President for Student Life. For purposes of this code, the University will use the

definitions of weapons provided in Texas Penal Code Section 46.01. Baylor

acknowledges that under Texas law, a student who holds a valid concealed

handgun license may store a concealed firearm in a locked, privately owned or

leased motor vehicle parked on a street or driveway or in a Baylor parking lot

or parking garage; the University prohibits the possession in premises that it

owns or controls to the fullest extent permitted by Texas law.

G. Violation of the University’s Classroom Conduct Policy.

H. Violation of the University’s Information Technology Policies & Guidelines

or its Intellectual Property Policy.

I. Interference with, failure to cooperate or comply with, or failure to provide

identification to any Baylor administrator, faculty member, or staff person.

J. Intoxication or impairment by alcohol or an unlawful controlled substance or

another dangerous drug such as a controlled substance analogue (designer

drug).

K. Disruptive or disorderly behavior.

L. Lewd or indecent behavior.

M. Promotion, use or possession, or being under the influence of an alcoholic

beverage on campus or at a University-related activity. A University-related

activity is any activity sponsored by the University or by any organization

recognized by the University. The degree to which an organization is

responsible for the activity of its members is not necessarily dependent upon

the number of members engaging in the activity, but depends upon whether

the activity is related to the organization as described in the University's

Student Organization Policies & Procedures.

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N. Unlawful manufacture, possession, use, sale, transfer, or purchase of a

controlled substance or another dangerous drug such as a controlled

substance analogue (designer drug) or drug paraphernalia. Additionally, it is a

violation of University policy to ingest substances that are on the federal

schedule of controlled substances under the Controlled Substances Act, Title

21 United States Code (USC)

(https://www.deadiversion.usdoj.gov/21cfr/21usc/), regardless of whether the

ingestion was legal under the law of the locality, state, or country where the

student was at the time of ingestion. Any type of hookah, bong, electronic

cigarettes, or vaporizers is prohibited on the campus.

O. Possession or use of any consumable hemp products on University property or

non-campus property owned or controlled by the University. (Note: Products

that are FDA approved for use as food ingredients or cosmetics are permitted

on University property. Hemp-derived products that are legally produced and/or

sold in Texas, but not approved by the FDA for use a food ingredients or

cosmetics, such as CBD oil, may be stored in privately owned or leased motor

vehicles parked on a street or driveway or in a Baylor parking lot or parking

garage. The University prohibits the possession of such products by students

in premises that it owns or controls.)

P. Intentionally taking, damaging, or destroying property; or attempting to take,

damage, or destroy property without the effective consent of the owner.

Q. Failure to abide by an administrative order or directive issued by the University

or University personnel, unless such failure is being handled at the University’s

discretion through another University process.

R. Unauthorized entry, or attempted unauthorized entry, into or occupation of

University facilities.

S. Falsification, alteration, fabrication, or misuse of a University or government

form, document, record, or identification card.

T. Participation in student organizations not approved by the University.

U. Contemptuous or disrespectful behavior.

V. Unlawfully conducting, organizing, or participating in an activity involving a

game of chance, including but not limited to, casino or sports wagering.

W. Conduct that is prohibited by the University's Sexual Conduct Policy.

10. Student Conduct Code

X. Tampering or playing with fire extinguishers, smoke detectors, exit lights,

emergency lights, or other life safety equipment; tampering with or pulling under

false pretenses a fire alarm; or propping stairwell fire doors open or disabling

locking mechanisms on exit doors. Fines may be assessed for the misuse of

fire or other life safety equipment.

Y. Audio and/or video recording or causing to be recorded a member of the

University's governing board, an administrator, faculty, or staff member during

the course of their University duties without the recorded person’s knowledge

and permission. The term “recorded” includes the capturing, transferring, or

streaming of audio and/or video.

Z. Possession of pornographic material on Baylor property or accessing

pornographic material through the University owned or contracted technology

systems (see BU PP 025).

AA. Participating in the Baylor Homecoming Parade without University

authorization, disrupting parade activities, or failing to comply with parade

marshals appointed by the University.

BB. Complicity in any misconduct prohibited by University policies (meaning any

act that knowingly aids, facilitates, promotes, or encourages the commission of

prohibited conduct by another person).

IV. Sanctions for Misconduct

A student who is found to have engaged in misconduct is subject to one or more of the

following sanctions or other sanctions deemed appropriate by the sanctioning officer or

sanctioning panel (sanctions may be combined at the discretion of the sanctioning officer

or panel). Sanctions may be elevated in cases where there is evidence that the

misconduct was motivated by bias against Protected Characteristics (as defined in Baylor

Civil Rights Policy and Procedures). Relevant information about an individual’s

disciplinary record at the University remains on the student's disciplinary record at the

University and may be disclosed by the University when the student consents in writing

or as otherwise required or permitted by law. The Vice President for Student Life is

informed when a sanction of suspension or expulsion is imposed.

A. Warning: A formal admonition, which appears in an individual's disciplinary record

at the University.

B. Disciplinary Probation: A more serious admonition may be assigned for a definite

period of time. Findings of misconduct that resulted in disciplinary probation may

be considered in determining subsequent sanctions, even if the probation period

has ended. Any future violation may be grounds for more severe sanctions,

11. Student Conduct Code

including suspension, suspension with conditions, or, in especially serious cases,

expulsion from the University.

C. Restitution: Requirement to reimburse or otherwise compensate another and/or

the University for damage or loss of property resulting from a student's misconduct.

Common assessment or group billing may be made to students in a residence hall

for damages occurring in common areas shared by groups of residents

(determinations about whether and to what extent that will occur are made by the

University’s residence life administrators, not through the procedures provided in

the Student Conduct Code).

D. Residential or Other Facilities Restrictions or Removal: Restriction or removal

from residence halls or other campus facilities as designated in the written

notification. The Campus Living & Learning contract fee will not be refunded to a

student who is evicted from the residence halls.

E. Withholding of Degree: In cases involving seniors or graduate students in their

final semester, the University may withhold a student's Baylor degree for a

specified period of time. This penalty is imposed instead of suspension at the end

of senior year or final year of graduate study when all other degree requirements

have been met. Degrees may also be withheld indefinitely when all other degree

requirements have been met. The sanction of withholding a degree may also occur

if an expulsion-level offense occurs after all other degree requirements have been

met but before the degree is conferred.

F. Suspension: Student status at the University may be terminated for a specified

period of time.

G. Suspension with Conditions: Student status at the University may be terminated

for at least the period of time specified by the suspension, with the suspension to

continue until certain conditions, stipulated by the officer or panel applying this

penalty, have been fulfilled. These conditions may include, but are not limited to,

restitution of damages and formal apology.

H. Expulsion: This is permanent termination of student status at the University,

without any opportunity for readmission. Relevant information remains in the

student's disciplinary record at the University and may be disclosed by the

University when the student consents in writing or as otherwise required or

permitted by law.

I. Additional Outcomes: The following examples are not exclusive or all-inclusive

but are intended to provide some examples of the types of outcomes that may

accompany the preceding sanctions, as appropriate:

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Community Service: Community service up to 10 hours per week may be added

to disciplinary probation for a portion or duration of the probationary period or

following a warning.

Restriction of Access to Space, Resources, and Activities: When appropriate,

restrictions may be placed on access to space and/or resources or on participation

in activities so as to limit opportunities for contact between the parties.

Educational Programs: In addition to any of the sanctions listed above, a student

may be required to participate in educational programs.

No Contact Directives: No contact directives may be imposed as an

administrative matter (but not necessarily a sanction) when the University

determines that doing so is in the best interests of an affected individual or

individuals, and/or the best interests of the University.

The fact that these additional outcomes are listed here as examples does not limit

the University’s ability to issue interim or administrative measures such as

restriction of access to space, resources and activities, and/or no contact

directives at its discretion even where no Student Conduct Code or other policy

violation has been investigated or charged, and/or where no policy violation has

been found.

V. Authority and Responsibility for Student Conduct Code Violations

A. Vice President for Student Life

The Vice President for Student Life is responsible for overall coordination of rules

and regulations regarding student discipline for misconduct covered by this

Student Conduct Code. The Vice President for Student Life may assign a designee

to act in his or her stead.

B. Associate Vice President for Student Life

The Associate Vice President for Student Life is the person appointed by the Vice

President for Student Life to decide whether Administrative or Student Conduct

Board Hearings will be held in particular cases and to perform other duties

pertaining to the student conduct process as designated by the Vice President for

Student Life. The Associate Vice President for Student Life may assign a designee

to act in his or her stead.

C. Associate Dean for Student Conduct Administration

The Associate Dean for Student Conduct Administration is the person appointed

by the Vice President for Student Life to be primarily responsible for investigating

allegations of student misconduct. The Associate Dean for Student Conduct

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Administration conducts initial meetings and conducts hearings as detailed below,

and, where provided by University procedure, imposes sanctions against students

who are found to have engaged in misconduct. When a Student Conduct Board

Hearing is held, the Associate Dean for Student Conduct Administration presents

evidence regarding the reported violation to the Student Conduct Board and/or

coordinates the presentation of such evidence. Any reference in this code to the

Associate Dean for Student Conduct Administration is intended to include his or

her designees, in order to allow the University reasonable flexibility in staffing

regarding student conduct matters.

D. Student Conduct Board

Panels of the Student Conduct Board are responsible for hearing the evidence

relating to charges of student misconduct brought before them, rendering a

decision based on the evidence presented, and imposing sanctions, should the

student be found responsible for the alleged act(s) of misconduct. Panels to hear

individual cases will be drawn from the Student Conduct Board membership as

provided below.

Student Conduct Board Membership: Student Conduct Board members shall be

appointed each year as described below:

1. Faculty Members

a. A Student Conduct Board chair appointed from the faculty by the

President.

b. Two Student Conduct Board vice chairs appointed from the faculty or

staff by the President.

c. Faculty members appointed by the Provost’s Office, in consultation with

the Vice President for Student Life.

2. Student Members

Student members appointed by the Student Body President

3. Staff Members

Staff members appointed by the Vice President for Student Life.

E. Hearing Panels and Role of Chair

The Student Conduct Board Hearing Panel, in each case, will ordinarily be

composed of four members: two of whom shall be either faculty or staff; one of

whom will be either the Chair or a Vice Chair of the Student Conduct Board Hearing

Panel (who will be referred to in this context as the chair of a particular panel),

serving as facilitator of the Student Conduct Board Hearing Panel; and one

student. The University may compose the Student Conduct Board Hearing Panel

differently, as necessary, given the relative availability of student, faculty, or staff

14. Student Conduct Code

Student Conduct Board members. The chair will preside over the Student Conduct

hearing and will not vote except in the case of a tie. If a panel would be fewer than

three members (including the chair) because of recusals, scheduling conflicts, or

other issues, the University will ordinarily re-schedule the hearing so that a larger

panel can hear the case, unless the student requests that the hearing proceed on

the originally-scheduled date with a panel of fewer than three members. As the

presiding officer in charge of the hearing, the chair has broad discretion. The chair

will exercise control over the conduct of all persons participating in the hearing and

direct the initial questioning to the Student Conduct officer, the student, and any

witnesses. The chair will facilitate the hearing in such a way as to enable the panel

members to make a decision as to whether or not an act of misconduct has been

committed. In so doing, the chair may exclude irrelevant, immaterial, and unduly

repetitious information. Upon the conclusion of the hearing, the chair will lead the

Student Conduct Board Hearing Panel in making a decision about the alleged

misconduct, and will provide documentation of the finding of the hearing as well as

any sanctions. Further details about the chair’s role are provided below in Article

VII, Purpose and Procedures for the Student Conduct Code.

VI. Interim Measures

Upon receipt of a report of an alleged violation of this Student Conduct Code, Student

Conduct Administration personnel will determine whether interim measures are needed

to preserve the educational or working experience of one or more other community

members, protect any individual during an investigation, address safety concerns for the

broader University community, maintain the integrity of the investigative and/or resolution

process, and/or deter retaliation. Examples of interim measures may include but are not

limited to a reassignment of class schedule; reassignment of University housing;

restriction on a student’s access to classrooms, space, and/or resources; no contact

directives; or suspension or expulsion of the student. An interim measure is provisional

because it is subject to being vacated, if such action is deemed appropriate following a

hearing and any appeal of the finding and/or sanction.

A. The determination of whether to impose interim measures will be made by Student

Conduct Administration personnel in consultation with the Vice President for

Student Life (if the student has only a student relationship with the University)

and/or if the student also has an employment relationship with the University, an

appropriate administrator with jurisdiction over the student’s area of employment.

In appropriate cases, Student Conduct Administration personnel will also

coordinate with members of the University’s Threat Assessment Group.

B. A student may be suspended from enrollment or employment (with or without pay)

or placed on a leave of absence on an interim basis when the University has

received information which indicates that the continued presence on campus of

the student will likely have a serious effect on the physical, mental, or emotional

health, safety, or well-being of another person; when physical safety is seriously

15. Student Conduct Code

threatened; or when the ability of the University to carry out its operation is

threatened or impaired; or where Student Conduct Administration personnel

conclude that other interim measures are not feasible to address any concerns.

C. The decision to impose an interim suspension or leave of absence may be made

at any point in the process.

D. Violation of conditions imposed as interim measures may result in the initiation of

additional disciplinary proceedings.

E. There is no appeal of an interim measure.

F. The University is confident that the Vice President for Student Life can fairly and

justly separate his or her decisions regarding the exigencies of matters in which

interim measures are deemed necessary and the merits of a case after a more full

record is developed through a hearing, and therefore the fact that the Vice

President may decide both the question of interim measures and any post-hearing

appeal will not be considered a material procedural error or ground for objecting to

the decision-making or appeal process

The Associate Dean for Student Conduct Administration will prepare and send to the

student a written notice of any interim measures and the basis for the interim measures.

VII. Purpose and Procedures for the Student Conduct Code

The Student Conduct Code establishes the standards by which students are to conduct

themselves. In the event a student is alleged to have engaged in behavior that is

inconsistent with one or more standards summarized in the Student Conduct Code, the

alleged code violation(s) will be investigated and adjudicated through the procedures

outlined in this Article VII. In Article VII, references to the student refer to the student who

is charged with a Student Conduct Code violation, unless the context requires or indicates

otherwise.

The procedures in this Article VII will be carried out by the Associate Dean for Student

Conduct Administration or other Student Conduct officers, as designated at the discretion

of the Associate Dean for Student Conduct Administration; any reference in this code to

the Associate Dean for Student Conduct Administration or a Student Conduct officer is

intended to include the designees of either, in order to allow the University reasonable

flexibility in staffing regarding student conduct matters.

Definition of Business Days

The term business days as used throughout these procedures means days when the

University’s offices are open for business.

16. Student Conduct Code

Report of Alleged Misconduct

Alleged misconduct covered by the Student Conduct Code may be reported in the

following ways:

• Notify Judicial Affairs, or Judicial_Affairs@baylor.edu; 700 S. University Parks

Drive, Suite 270; 254-710-1715.

• Make an online report through Report It!

• Contact the Baylor Police for criminal conduct; 254-710-2222.

• Report anonymously through EthicsPoint.

The Associate Dean for Student Conduct Administration will consider the information

provided and, based on that information or any other information that he or she believes

is necessary at the pre-charge stage, determine whether a Student Conduct Code

proceeding should be initiated.

A. Type I Cases: Initial Meetings, Charge Procedures, and Conduct Hearings

1. Definition of Type I Case

The procedures outlined in this section apply to Type I cases. Type I

procedures are initiated when it appears based on the information about the

alleged misconduct and the student’s disciplinary history that is available at the

time the Notice of Charge is communicated to the student, that the student

could face a sanction or sanctions less than suspension or expulsion if found

responsible for the alleged misconduct. If at any time based on additional

information it is determined that the student could face suspension or expulsion

for the alleged misconduct, the Associate Dean for Student Conduct

Administration will re-designate the case as a Type II case. The case will

proceed as practicably as possible from that point forward as a Type II case,

as outlined in Article VII, Section B below. Variations in procedure in cases re-

designated as Type II cases, which can be determined at the discretion of the

Associate Dean for Student Conduct Administration, will not invalidate the

outcome of such cases or constitute a material procedural error that

substantially impacted the outcome of the process.

2. Notice of Charge in Type I Cases

If the Associate Dean for Student Conduct Administration determines that the

University should initiate a Type I case proceeding under the Student Conduct

Code, the Associate Dean for Student Conduct Administration will prepare and

send to the student a written notice of the alleged misconduct. The notice will

generally include:

a. the Student Conduct Code section implicated by the alleged misconduct;

b. a summary of the behavior that allegedly violated the Student Conduct

Code; and

c. notice that the student has the responsibility, within three business days, to

schedule a time for an Initial Meeting/Conduct Hearing with the Associate

17. Student Conduct Code

Dean for Student Conduct Administration or other designated Student

Conduct officer.

The written notice will be sent to the student at his or her Baylor email account

and will constitute full and adequate notice. As stated in University policy, each

Baylor student is personally responsible for checking his or her Baylor email on

a regular and recurring basis for receipt of official University correspondence.

The University reserves the right to use other forms of communication (local or

home mailing address) as deemed necessary. Students are to provide an

updated mailing address to the Office of the Registrar. Failure to receive

University notices because of an incorrect address provided by the student will

not relieve the student of responsibility for responding to the notice.

3. Initial Meeting/Conduct Hearing in Type I Cases

Only the Student Conduct officer and the student may be present at an Initial

Meeting/Conduct Hearing unless the Associate Dean for Student Conduct

Administration determines that it would be helpful to have another University

staff member present. At an Initial Meeting/Conduct Hearing, the Student

Conduct officer and the student will discuss the alleged code violation and

adjudication process for the case. Based on information the student may wish

to share at the Initial Meeting/Conduct Hearing, the Student Conduct officer

may amend or dismiss the charge(s). During this Initial Meeting/Conduct

Hearing, the Student Conduct officer will provide to the student a Student

Conduct Charge Consideration Form that will outline the procedural options.

These options will include:

a. the option to take three business days (known as a consideration period) to

consider whether to discuss the matter substantively with the Student Conduct

officer and whether to admit or deny the charge(s);

b. the option to admit responsibility for the charge(s) or revised charge(s), in

which case the initial meeting will become a conduct hearing, and no further

hearing will be held and sanctions will be imposed by the Student Conduct

officer; or

c. the option to deny responsibility for the charge(s) or revised charge(s), in

which case the procedures for either an Administrative Hearing or Student

Conduct Board Hearing, as described in Article VII, Sections C and D below,

will be initiated.

A student who fails to attend an Initial Meeting/Conduct Hearing with the

Student Conduct officer, fails to communicate with the Student Conduct officer

to schedule such a meeting within three business days following notice of the

charge, and/or fails to return the Student Conduct Charge Consideration Form

within the consideration period (three business days) to the Student Conduct

officer without just reason (as determined by the Associate Dean for Student

Conduct Administration) for failing to do so waives the opportunity for an Initial

18. Student Conduct Code

Meeting/Conduct Hearing and any future hearing. In such cases, the Student

Conduct officer may find the student responsible for the alleged act of

misconduct and impose a sanction or sanctions as outlined in Article IV of this

Student Conduct Code.

4. Procedures Applicable to Admitted Charges in Type I Cases

If the student chooses to admit responsibility for the alleged misconduct

outlined in the Notice of Charge or any revision to the charge, the Student

Conduct officer will impose appropriate sanctions. In determining appropriate

sanctions, the Student Conduct officer may review and consider the student's

academic and disciplinary records. Other factors that may be considered

include but are not limited to the student's attitude regarding the misconduct,

the nature and gravity of the misconduct, and any mitigating or aggravating

circumstances.

If a student admits responsibility through the process outlined here, he or she

cannot appeal the finding of responsibility, but he or she may appeal the

sanction(s) through the process outlined in Article VII, Section E of this Student

Conduct Code.

5. Finality of Sanctions

Unless otherwise determined at the University’s discretion, sanctions are

effective immediately, even if an appeal is filed.

6. Procedures Applicable to Denied Charges and Notice of Hearing in Type

I Cases

If the student denies the charge, the Student Conduct officer will ask the

student whether he or she wishes for the matter to proceed to an Administrative

Hearing or a hearing before a Student Conduct Board Hearing Panel. The

Associate Vice President for Student Life will consider the student’s indicated

preference and will ultimately decide at his or her discretion whether the

hearing will be an Administrative Hearing or a hearing before a Student

Conduct Board Hearing Panel. The student will be informed of that decision in

the Notice of Hearing. Unless postponed in accordance with the procedures

outlined below, the hearing will usually be conducted within 21 business days

after the student's official recorded denial of the charge or within a reasonable

amount of time if that 21-day period would fall during a University holiday, break

between semesters, during the summer months, or during a period when a

Student Conduct officer or a Student Conduct Board Hearing Panel is not

available.

The Notice of Hearing will generally include:

a. a summary of the behavior that allegedly violates University policies,

19. Student Conduct Code

b. the names and/or description of the witnesses whom the Student Conduct

officer anticipates asking to testify at the hearing and a brief summary of the

subject matter on which such witnesses are expected to testify, and

c. a brief description of any other anticipated evidence that will be considered

at the hearing.

If the Student Conduct officer receives additional potentially relevant

information after a Notice of Charge is issued but before a hearing is held, the

Student Conduct officer will determine if the charge should be amended and

the case will proceed accordingly.

Witnesses and evidence need to be presented at the hearing if a party wants

the witnesses’ testimony and the evidence to be considered. The student must

attempt to bring to the hearing to testify in person their witnesses who have

firsthand knowledge of the facts and circumstances surrounding the alleged act

of misconduct. When a witness cannot be present at the hearing, the student

may present to the Student Conduct officer (in Administrative Hearings) or the

Chair of the Student Conduct Board Hearing Panel a signed, notarized written

statement from the absent witness. Reports and statements submitted by

University personnel are not required to be notarized when the information is

created, gathered, and/or shared within the official scope of their

responsibilities. Because the absent witness cannot be questioned, this type of

evidence will generally be given less weight. If written or other documentary

evidence will be relied upon in whole or in part to establish a violation, the

student will be given an opportunity to examine such evidence prior to the

hearing. The student should contact the Associate Dean for Student Conduct

Administration with a request to review such evidence not less than 48 hours

in advance of the hearing so that a time can be scheduled for the review. Such

evidence will be made available at the Judicial Affairs office.

7. Waiver of Hearing

A student who fails to attend an initial meeting with the Student Conduct officer,

fails to communicate with the Student Conduct officer to schedule such a

meeting within three business days following notice of the charge, and/or fails

to return the Student Conduct Charge Consideration Form within the

consideration period (three business days) to the Student Conduct officer

without just reason (as determined by the Associate Dean for Student Conduct

Administration) for failing to do so waives the opportunity for an initial meeting

and any future hearing. In such cases, the Student Conduct officer may find the

student responsible for the alleged act of misconduct and impose a sanction or

sanctions as outlined in Section IV of this Student Conduct Code.

20. Student Conduct Code

B. Type II Cases: Initial Meetings, Charge Procedures, and Conduct Hearings

1. Definition of Type II Case

The procedures outlined in this section apply to Type II cases. Type II

procedures are initiated when it appears, based on the information about the

alleged misconduct and the student’s disciplinary history that is available at the

time the Notice of Charge is communicated to the student, that the student

could face a sanction of suspension or expulsion if found responsible for the

alleged misconduct. If the Associate Dean for Student Conduct Administration

has re-designated a Type I case as a Type II case as described above in Article

VII, Section A, the case will proceed as practicably as possible from that point

forward as a Type II case. Variations in procedure in cases re-designated as

Type II cases, which can be determined at the discretion of the Associate Dean

for Student Conduct Administration, will not invalidate the outcome of such

cases or constitute a material procedural error that substantially impacted the

outcome of the process.

If at some point in the process the Student Conduct officer determines that it

would be more appropriate to handle a matter as a Type I case, he or she will

re-designate the case accordingly. Variations in procedure in cases re-

designated as Type I cases, which can be determined at the discretion of the

Associate Dean for Student Conduct Administration, will not invalidate the

outcome of such cases or constitute a material procedural error that

substantially impacted the outcome of the process.

Pursuant to Texas Education Code Section 51.9364, if the student withdraws

from the University while a Student Conduct Code notice of a Type II case is

pending, the University will proceed to final resolution of the Student Conduct

Code process despite the student’s withdrawal. If the student is found

responsible and a sanction of expulsion or suspension is imposed, a notation

that the student is ineligible to enroll will be placed on the student’s transcript.

2. Notice of Charge in Type II Cases

If the Associate Dean for Student Conduct Administration determines that the

University should initiate a Type II case proceeding under the Student Conduct

Code, the Associate Dean for Student Conduct Administration will prepare and

send to the student a written notice of the alleged misconduct. The notice will

generally include:

a. the Student Conduct Code section implicated by the alleged misconduct;

b. a summary of the behavior that allegedly violated the Student Conduct

Code; and

c. notice that the student has the responsibility, within three business days, to

schedule a time for an initial meeting with the Associate Dean for Student

Conduct Administration or other designated Student Conduct officer.

21. Student Conduct Code