Student Conduct Code

Because we are a community committed to Jesuit and Catholic ideals and to the growth of each individual, the standards established for members of the Fairfield community are not always exactly the same as those within society at large. The University's Student Conduct Code goes beyond what is simply required for public order. The Code incorporates what is good and developmental for the individual and for the University community. The Student Conduct Code applies to behavior both on and off campus. This includes international programs and other University-sponsored programs and activities.

At times, the process of calling students to accountability can be very difficult. This is particularly the case on those occasions when the conduct in question is so contrary to our community standards as to warrant restriction from University activities or dismissal from the University. However, even in these most difficult situations, the University seeks first and foremost to serve its students in an educative role. Since education is our primary mission, university procedures in the student conduct process are not identical to due process in criminal or civil courts.

The University reserves the right to amend policies as deemed appropriate. In the event of a discrepancy between the information contained in this section of the Handbook and another University publication or document, the terms in this section of the Handbook will apply. Fairfield University reserves the right to withhold issuance of a diploma, regardless of degree requirement completion, where a violation of this code, the law, and/or our policies on academic dishonesty are implicated.

The Office of the Dean of Students has ultimate responsibility for enforcing University policies and the Student Conduct Code. The dean delegates to his or her staff the responsibility of administering the student conduct process on a daily basis. The dean may also delegate student conduct process duties to the Office of Residence Life to carry out those functions within the residence halls under a structure that employs use of its administrative staff, Peer Conduct Board and Student Conduct Board representatives, and/or other designated parties.

Offenses with respect to alcohol reflect the laws of the State of Connecticut regarding the purchase, sale, and consumption of alcoholic beverages. No one under the age of 21 is permitted to purchase, possess, or consume alcoholic beverages. Those who are 21 years of age or older may purchase and consume alcohol. Open consumption of alcohol outdoors (i.e., open containers) is not allowed except in areas designated by the University. It is not permissible for any University student to serve, possess, or consume pure grain alcohol. All students are prohibited from engaging in alcohol-related behavior that is reckless (e.g., operating a motor vehicle under the influence), abusive to themselves or to others, or disruptive to the community. Moreover, drunkenness and intoxication are prohibited regardless of age.

If alcohol is served at a gathering, it is the responsibility of the host to comply with state and local laws. A social host may be held responsible for injuries and damages caused by a minor who is served alcohol. A host may be liable even if the host is a minor. Therefore, if alcohol is served at a gathering, the host must ensure that minors are not served. Furthermore, it is a violation of state law to sell alcohol without a permit, and individuals who charge for admission to a party where alcohol is served may be held criminally liable. Criminal sanctions may equally apply if the vendor accepts money for cups or ice instead of explicitly for the alcohol. No student, regardless of age, is permitted to be in possession of kegs, beer balls, common containers over 64 ounces (empty or full), or equivalent quantities of liquor anywhere on campus unless otherwise authorized. No student, regardless of age, is permitted to brew their own beer or make their own wine, cider, or liquor.

Consumption of alcoholic beverages outdoors is prohibited unless it has been specifically approved by and registered with the Office of Conference and Event Management or the Office of the Dean of Students. Alcoholic beverages are only permitted at university sanctioned athletic events held on campus when sold or distributed through the university’s alcohol license to anyone 21 years of age or older. Consumption of alcoholic beverages in the residence halls is prohibited in common areas such as hallways, bathrooms, stairwells, kitchens, porches, and lounges.

Large common sources of alcohol, such as kegs, beer balls, common containers over 64 ounces, or equivalent quantities of liquor, are not permitted.

Sanctions for alcohol violations will range from formal warning to expulsion, depending on the severity, and may include additional sanctions including, but not limited to, educational programs, fines, and loss of housing privileges.

Although Connecticut law does allow for the medicinal and recreational possession and use of marijuana, the possession, use, distribution, and cultivation are prohibited by federal law. Since the University receives federal funding it is required to have policies in place prohibiting the possession, use, distribution, and cultivation on campus. Accordingly, it is prohibited to possess, use, distribute, and/or cultivate marijuana anywhere on campus.

The possession, use, distribution, or cultivation of any illicit or illegal drugs is strictly forbidden. The possession of drug paraphernalia is also prohibited. Students are subject to tickets/infractions, arrest and prosecution by state and/or federal authorities in addition to student conduct action.

Distribution is considered to be any form of dispersal or delivery, including the payment for or barter of, any illicit or illegal drugs even if the transactions did not involve the exchange of monetary funds.

It is a violation of the Student Conduct Code for a student to be in possession of another person's prescription medication, medication for which they do not have a prescription, or for a student to provide a prescribed drug to another person.

Sanctions for drug violations will range from formal warning to expulsion, depending on the severity, and may include additional sanctions including, but not limited to, educational programs, fines and loss of housing privileges.

The University expects students to respect personal and University property both inside and outside of the community. Damage shall be classified as either accidental or vandalism. Accidental damage is damage occurring through unintentional, chance happenings. Vandalism is deliberate, malicious, and/or disruptive behavior resulting in damage to property.

All types of damage caused to any student residence or its furnishings are the responsibility of the students assigned to that residence, and repair costs will be billed accordingly. Damage that occurs in common areas of student residences (e.g., hallways, common bathrooms, backyards, etc.) will be divided and shared among all residents of that particular residence hall, floor, or block.

In addition to the replacement or repair cost resulting from such behavior, additional sanctions will be levied, up to and including fines, community service, removal from University housing, dismissal or expulsion, and possible arrest and prosecution by state or federal authorities for cases of intentional damage and vandalism.

Accidental or unintentional damage to property is inevitable and unavoidable at times. When it occurs, it will be recognized as such and the responsible individual will be billed simply for the replacement or repair cost. The University will collect and expect payment from students for damage done to University property. The University shall complete the repairs and expect payment from students. Students are not permitted to attempt to fix the damage themselves or contract with an outside vendor for repairs.

The University does not reimburse students for personal property damage or loss. The University will assist, but does not assume responsibility for, collecting payment on behalf of a student for damage done to the personal property of that student by another student.

Disorderly conduct by an individual includes any behavior that is unreasonable, reckless, causes inconvenience, annoyance, or alarm including, but not limited to, vomiting or urinating in public, reckless driving, refusing to comply with request to disburse, and trespassing.

Disruptive conduct includes any behavior that unreasonably obstructs or interferes with the normal operation of the University, creates a hazard to oneself or others, or hinders or prevents others and/or one’s self from carrying out their educational responsibilities.

Students are required to comply with reasonable requests, directives, or orders made by authorized University personnel and municipal authorities (e.g., residence life staff, public safety officers, police and fire personnel, etc.) both on and off campus. This requirement includes, but is not limited to, cease activities, reasonable requests for students to attend appointments in administrative or faculty offices, and to be cooperative during investigations and hearings. It also includes properly identifying oneself upon request.

Students are expected to be respectful when interacting with University personnel and municipal authorities. Any verbal or non-verbal communication which is deemed as disrespectful, intimidating, or threatening will be considered a violation.

All residential students are required to register guests on campus via the guest registration form.

Students are only permitted two registered guests at any time, and all guests must be registered 24 hours in advance. Students are expected to greet their guest upon arrival to campus, be with them/know their whereabouts at all times during their stay, and be present at their departure from campus. Also, guest must carry a copy of the guest registration form and valid photo identification at all times and must present such form and identification upon request. Guest may not remain on campus for more than two (2) consecutive days. Special exceptions may be granted with the approval of a Residential Life staff member. Guest attending University events are subject to event policies. Please refer to the Public Attendance section found in Clubs and Organizations for specific details about guest registration at public events.

A resident may neither request nor require his/her roommate(s) to leave the room for a guest. A resident must seek approval from all roommate(s)/ housemate(s) for each occurrence involving overnight guest. The University reserves the right to restrict any non-student guest from being registered and/or campus, limit the frequency of guest visits within a given period of time and expects students to make appropriate arrangements for overnight guest.

Students are responsible for the conduct of their guest – which includes non-students and current students not assigned to their particular residence or residence hall - and for ensuring that visitors adhere to University rules and regulations. Furthermore, students who invite or allow non-students to come on to University property assume all responsibility for any actions, damages, or injuries resulting from the behavior of the guest. Guest found unaccompanied are subject to immediate removal from campus. If a guest violates University rules and regulations, the student host or hosts will be held accountable for their guest's actions, and the guest(s) may be removed from campus and may receive a criminal trespass warning.

Full-time undergraduate commuter students are allowed in residential buildings if invited by a resident or for academic reasons. After 11 p.m., only residents of the buildings are allowed within the residential buildings unless accompanied by a resident from within the community.

Violations may result in a fine, loss of guest privileges, and community service.

Consistent with Connecticut state law, hazing is expressly prohibited and will not be tolerated at Fairfield University. Hazing refers to any activity expected of someone joining a group (or to maintain full status in a group) that humiliates, degrades, or risks emotional and/or physical harm, regardless of the person's willingness to participate. Hazing is a complex social problem that is shaped by power dynamics operating in a group and/or organization and within a particular cultural context.

Hazing activities are generally considered to be physically abusive, hazardous, and/or sexually violating. The specific behaviors or activities within these categories vary widely among participants, groups, and settings. While alcohol use is common in many types of hazing, other examples of hazing practices include, but are not limited to, personal servitude; sleep deprivation and restrictions on personal hygiene; yelling, swearing, and insulting members; being forced to wear embarrassing or humiliating attire in public; consumption of vile substances or smearing of such on one's skin; brandings; physical beatings; binge drinking and drinking games; sexual simulation and sexual assault.

For such activities to be considered hazing, forced or mandated participation is not required. If an individual feels that he or she will not be considered a fully participating member of the group or feels that he/she would be ostracized for not participating in particular behaviors (for example, alcohol use), then such implied coercion would be considered hazing. The following are examples of hazing:

1. Subtle Hazing: Behaviors that emphasize a power imbalance between members of the group or team are termed "subtle hazing" because these types of hazing are often taken-for-granted or accepted as "harmless" or meaningless. Subtle hazing typically involves activities or attitudes that breach reasonable standards of mutual respect and place members on the receiving end of ridicule, embarrassment, and/or humiliation tactics. Members often feel the need to endure subtle hazing to feel like part of the group or team
2. Harassment Hazing: Behaviors that cause emotional anguish or physical discomfort in order to feel like part of the group. Harassment hazing confuses, frustrates, and causes undue stress for members.
3. Violent hazing: Behaviors that have the potential to cause physical, emotional, and/or psychological harm.

Given the serious nature of this offense, students found responsible will be at minimum placed on student conduct probation and subject to dismissal or expulsion.

Physical harm is any physical contact with another person that causes that person bodily harm, intends to cause that person bodily harm, is harassing, or can reasonably be viewed by the person as a source of harm, regardless of whether the behavior was deliberate or unintentional. Physical harm includes, but is not limited to, striking, restraining, pushing, shoving, or kicking another individual, hitting a person with an object thrown or propelled, and otherwise reckless behavior.

Threat of harm is an action or behavior, intentional or implied, with or without actual physical contact, which would lead a reasonable person to believe that the actor intended to do the other person physical harm.

Fighting occurs when an individual engages in and/or physical attempts to harm another individual. Although a student may not have instigated an altercation, a student is responsible for fighting by going beyond the force necessary to avoid harm or attempting to harm the instigator. Any violation of this community standard is considered a serious offense and may result in dismissal or expulsion from the University.

Smoking is prohibited in all University buildings and facilities. The use of electronic cigarettes, vaporizers, and hookahs are also prohibited in all University buildings and facilities. Consistent with applicable state law, this prohibition includes all of the student residences (residence halls, townhouses, houses, and apartments). Violations may result in sanctions including, but not limited to, a fine, an educational activity, and community service.

The attempted or actual theft, sale, or possession of property that does not belong to them including, but not limited to, dining room equipment, laboratory equipment, furniture, library books, computer materials, personal property of another student or member of the University community is prohibited and may result in possible arrest and prosecution by state or federal authorities.

All weapons are prohibited on University property. The term "weapons" should be understood to include, but is not limited to, firearms, paint guns, BB guns, air guns, slingshots, bows and arrows, various kinds of knives other than cooking utensils, and various kinds of martial arts devices capable of being used as weapons. Facsimiles, replicas, or reproductions of weapons (e.g., "air soft" guns) are also prohibited. In addition, the possession of fireworks or other dangerous chemicals and propelling any object in such a way as to endanger safety or property are prohibited.

Violations will likely result in sanctions ranging from student conduct probation to expulsion.

Aiding, Abetting, or Complicity

Anyone who knowingly and purposefully assists, commands, or encourages another person to commit a violation of a University policy or any community standard contained in the Student Handbook will be considered in violation of this community standard.

Fire, Fire Alarms, and Emergency Equipment

All offenses related to fire, fire alarms, and emergency equipment are considered serious and will result in sanctions ranging from probation to dismissal or expulsion from the University and will likely include additional sanctions including, but not limited to, restitution for any damage caused to University property and/or personal property of any individual(s) affected, educational programs, fines, removal from University housing, and community service.

The setting of fires, unauthorized burning of any object (including, but not limited to, candles, incense, lighters, flame paper, etc.), arson, or adding any material to any fire or flame is strictly prohibited.

Tampering with firefighting equipment (e.g., fire extinguishers, smoke detectors, sprinklers, heat sensors, etc.), failure to leave a building in the event of a fire alarm, reporting bomb scares, or setting off false fire and emergency alarms may endanger lives and are serious violations of state and federal laws, as well as University regulations. Heat and/or smoke detectors, as well as sprinkler heads, are extremely sensitive and may be activated by any contact. Therefore, students should not touch these devices or hang objects from them.

Assembly on Campus

Fairfield University generally supports the free expression of views or ideas and allows for peaceful assembly by members of our community (i.e., Fairfield University students, faculty, and staff).  Notwithstanding, for the safety, security, and well-being of the campus community, such expression and assembly is subject to the following conditions: (1) cannot impede or block the ingress or egress to any University building, room, facility, or space, (2) deny or deprive others the opportunity to speak or be heard, (3) interfere with or disrupt the University’s normal operation, (4) pose any threat to campus safety, or (5) interfere with a legitimate educational or institutional process.  Individuals, groups, or organizations seeking to express themselves are encouraged to give advanced notice to the University of any assembly. Those community members, as defined above, seeking to assemble are encouraged to utilize campus resources including, but not limited to, Public Safety, the Office of the Dean of Students, the Office of Student Engagement, and Conference and Event Management to guide them in their planning. Additionally, the University may (in its sole discretion), for any of the reasons listed above, terminate the violating activity, including temporarily or permanently removing its participants from the University premises and/or community.

Gambling

All forms of gambling are prohibited unless otherwise specifically authorized by Connecticut state law. Prohibited gambling may include certain forms of raffles, lotteries, tournaments, and sports pools.

Indecent Conduct

Public acts of sexual intercourse, exposure of the body with intent to arouse or to satisfy the sexual desire of one's self or another person will be considered indecent conduct.

Misrepresentation and False Information

No student shall deliberately or knowingly provide false or misleading information or make malicious accusation related to any University proceeding. Students may not tamper with or destroy evidence. Moreover, no student may have possession of false information (e.g., fake IDs, etc.). Falsification of records, including grades and other academic records, admission materials, housing materials, registration materials, health records, identification cards, signed statements, etc., is prohibited. In addition, the creation, manufacturing and/or distribution of false identification, whether or not for profit, is prohibited.

Improper Storage or Use of Recreational Transportation Equipment and Micromobility Devices

Fairfield University prohibits the use of recreational transportation equipment and micromobility devices (e.g., bicycles, skateboards, hover boards, skates, motorized bikes, e-scooters, Segways, other equipment with wheels, etc.) in all buildings on campus, including residence halls. Furthermore, micromobility devices cannot be stored inside of any building. The charging of these devices must be done outdoors. Individuals using these items outside of buildings are expected to do so in a manner that is appropriate, considerate of others, and considerate of college property. Refer to “Bicycles and Sports Equipment” in the Residential Guidelines for additional information.

Posting and Distribution

Guidelines for posting material varies across campus.  Students should check with the administrative office with oversight for a respective facility or space before posting any material. Commercial businesses and other off-campus groups require the approval of the Office of Conference and Event Management prior to posting and/or distributing information or other items on campus.

Students are permitted to post and distribute material (i.e., posters, leaflets, etc.) on campus. Posters, leaflets, or other materials may not be placed in any location other than designated bulletin boards in or outside of buildings. Posting on surfaces of buildings, stairwells, doors, and windows is prohibited. Materials that create a fire, health, or safety code violation, or otherwise interfere with the regular and orderly operation of building maintenance may be removed. All posted/distributed materials must contain the name of the author/organization and sufficient contact information (e.g., phone number, email, and website); a content disclaimer that states, "The views expressed do not necessarily reflect the views of Fairfield University."; and for events/ initiatives, a request for accessibility accommodations that states, “If you have any accessibility needs, please contact <insert Event Coordinator name and contact information here>.” Organizations posting material are responsible for removing such material at the conclusion of the event.

Posting or distributing material that is in violation of any University policy (e.g., Non-Discrimination and Harassment, Acceptable Use policy, Solicitation) is prohibited.

For additional guidance for recognized student organizations, please see the Publicity policy in the Club and Organization section.

Retaliation

Retaliation against someone who reports an incident or pursues a complaint (or may do so), or witnesses or may be a witness to a reported incident, investigation, or student conduct hearing is prohibited.

Right to Privacy

No student shall install or use any device for listening to, observing, photographing, recording, amplifying, transmitting, or broadcasting sounds or events occurring in any place where the individual or group involved has a reasonable expectation of being free from unwanted surveillance, eavesdropping, recording, or observation, unless the student has first obtained the consent of all persons involved. Preapproval from the Department of Public Safety must be sought for the use of Unmanned Aerial Device (UAV), Recreational Aerial Vehicle (RAV) and Drone devices.

Solicitation

No student or person representing any company is permitted to offer any product or service for purchase on the campus or in the student residences. Students or student groups are not to solicit funds by letter or in person from individuals, companies, or groups by using the name of the University. Students or student organizations wishing to raise money through raffles and other means for special projects must obtain permission from the Office of Conference and Event Management.

Stalking (Non-Gender Based)

Repetitive and menacing pursuit, following, harassing, and/or interfering with the peace and/or safety of another

Unauthorized Use or Entry

No person shall enter or attempt to enter any University function or facility without a ticket of admission or proper authorization. Individuals are only permitted to enter/exit buildings through appropriate doors. In addition, no individual shall enter or attempt to enter a locked building, room, office, or area without proper authorization. Furthermore, unauthorized entrance into or presence in a student room or vehicle is prohibited. Individuals can only enter/exit through the main gate when other campus gates are closed.

Any report received from a person or entity outlining observed violation of University policy or the Student Conduct Code or had personal knowledge of a violation through means other than hearsay will be reviewed by the Office of the Dean of Students. Students, administrators, faculty, staff, and other members of the University community who wish to file a report concerning a student's behavior may do so by submitting an Incident Report or contacting the Department of Public Safety.

All reports alleging misconduct by a student will be reviewed by the Office of the Dean of Students.  If the report concerns a member of the faculty, administration, or staff, a duplicate copy of the written report of the incident should be submitted to the person's supervisor.  Reports received from other entities including, but not limited to, the Fairfield Police Department, other colleges and universities, and Town of Fairfield residents may also be used to address alleged violations.

Interim measures may be assigned in order to protect the health, safety, security, and well-being of the University community and its members.  Interim measures may be imposed at any point during the student conduct process.  These measures may be included as part of the final outcome.  Interim measures will typically be imposed if the University determines there is:

1. An ongoing threat to or concern regarding a member of the University community;
2. An ongoing threat to or concern regarding personal or University property; or
3. A risk of disruption of or interference with the normal operation of University business.

The University will take reasonable steps to ensure a hearing occurs and a final determination(s) of responsibility is made in a timely manner. Interim measures may remain in effect until a final decision has been reached and appeals have been determined. 

Recognizing that individuals have differing needs and interests when approaching conflict, and in appreciation for the complexity and uniqueness of conflicts, the option of an informal resolution is offered by the Office of the Dean of Students to resolve alleged violations of the Student Conduct Code and University policies when students are interested in exploring alternatives to a hearing. Any student may request the option of an informal resolution, however, the use of informal resolution options is at the discretion of the Office of the Dean of Students and must be voluntarily agreed to by all involved parties. Informal resolution outcomes are final and not eligible for appeal.

It is not necessary to pursue an informal resolution first before proceeding to a hearing, and any party participating in an informal resolution can stop the process at any time and move forward to a hearing.

The University will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.

The option of requesting an informal resolution will be detailed in the violation notification letter sent to the student or discussed during the initial meeting with the Office of the Dean of Students. For more information on informal resolution, please contact dosoffice@fairfield.edu.

Stag Explorers

Stag Explorers is a program that provides an opportunity for students to connect with a Peer Conduct Board member about a low-level Student Conduct Code or University policy violation. This program is offered during the entire academic year and is completely voluntary. If a student does not want to participate in Stag Explorers, they will be referred to the student conduct process for an administrative or Peer Conduct Board hearing.

Students referred to this program will participate in non-judgmental, candid dialogue intended to consider the types of decisions they are making in their lives and challenge them to better understand their needs, the needs of the Fairfield community, and implications of further violations on their lives within the campus community and beyond.

If there is sufficient evidence that a student may have violated the Student Conduct Code or University policy, the student will be notified and required to meet with the dean's staff. Students are required to respond to the notice within two business days. Failure to respond to the notice will result the outcome being determined without the student being present.

During the meeting, the student conduct process will be explained, the student will be advised of the alleged violations, and a hearing will commence or will be scheduled. A single hearing will be held for incidents involving multiple students, unless otherwise determined by the Office of the Dean of Students. Students may confirm responsibility for alleged violations in advance of a hearing in writing or during a hearing. In such instances, the process will move directly to sanctioning.

There are two types of hearings for student conduct cases: (1) administrative hearings facilitated by the dean of students or a designee (e.g., an assistant or associate dean of students, an Office of Residence Life staff member) and (2) board hearings. The dean of students may delegate staff members to be the principal administrators of student conduct matters. The dean or another student conduct administrator refers alleged violations to the appropriate type of hearing.

The student conduct process is intended to serve educational goals as well as to uphold University policies and the Student Conduct Code. The student conduct process should not be confused with criminal or civil court proceedings. As such, a student conduct hearing is not a court of law and formal rules of evidence do not apply. Hearings are not open to the public, other members of the University community, parents, family members, or legal counsel. Student conduct cases are decided based upon the standard of whether it was more likely than not that a violation has occurred. The spirit or intent of the policy or community standard is taken into consideration. In the determination of sanctions, prior student conduct violations are considered.

Violations of community standards and University policies are sometimes also potential violations of criminal law. The University reserves the right to initiate or proceed with (and in some instances may be required by law to proceed with) the student conduct process against a student regardless of a pending criminal investigation, charges, arrest, or prosecution arising out of the same or a related factual situation. The dismissal, failure to prosecute, settlement, or reduction in charges of any related criminal matter shall not be grounds for a challenge to any student conduct matter.

Both the responding and reporting student(s) have the right to select an advisor of their choice to provide support and assistance during the student conduct process. Advisors may not participate actively while present at any student conduct proceeding and may not speak or otherwise communicate on behalf of the student. However, the advisor may ask to suspend any meetings, interviews, or hearings briefly to provide private consultation related to the student conduct proceeding in progress. An advisor is subject to the same privacy expectations applicable to others in attendance.

Accommodations, including scheduling of interviews or reviews, generally will not be made for any advisors if they unduly delay the process. The advisor is not permitted to attend a meeting or proceeding without the student without the prior approval of the Office of the Dean of Students. The Office of the Dean of Students reserves the right to take appropriate action regarding any advisor who disrupts the process or who does not abide by the restrictions on their participation as determined by the Office of the Dean of Students.

Both responding and reporting students have the right to provide the University with the names of any witnesses and the information they can provide. Witnesses must have direct, personal knowledge related to the incident in question.

In order to appear as a witness during a hearing, any information possessed by the witness regarding the incident must be provided to and documented by the University in advance of the hearing. Any individual meeting these criteria may serve as a witness.

An alleged violation of the Student Conduct Code or University policy may be referred to any of the boards below at the discretion of the Office of the Dean of Students.

Student Conduct Board

The Student Conduct Board is a hearing body that determines the finding(s) of responsibility for alleged University policy or Student Conduct Code violations involving students or student organizations that could result in dismissal or expulsion. The dean of students or designee maintains discretion to refer the matter to an administrative hearing even when a finding of responsible for an alleged charge could result in dismissal or expulsion. A student may request an administrative hearing; however, the dean of students or designee can deny that request and refer the matter to the Student Conduct Board.

The Board is a five-member body consisting of one voting student, one voting academic dean or University staff/administrator, one voting faculty member, one additional voting student, academic dean or University staff/administrator, or faculty member, and a non-voting chairperson. If students or faculty are not available, any University staff/administrator can substitute their position on the Board.

Board members are individuals known for their integrity and commitment to the standards governing the University community. Board appointments are made by the vice president for student life or another University designated official. The faculty representative(s) are nominated by the general faculty and serve three-year terms. Once a faculty member has been appointed to the Board, he or she may serve indefinitely as an alternate member. The student members of the Board are selected from the Peer Conduct Board. Any member of the Board whose judgement may be affected by personal involvement or another conflict of interest may choose to not hear a case. Another Board member will fill the vacancy. If a Board member fails to perform any required responsibilities, the Board may request, by a unanimous vote of the other members, that the vice president for student life or another University designated official terminates the member's appointment and appoint an alternate or new member to fill the vacancy.

Peer Conduct Board

Alleged violations may be referred to the Peer Conduct Board.  The Peer Conduct Board is selected, trained, and overseen by the Office of the Dean of Students. The Peer Conduct Board serves as a student conduct hearing body composed of students and convenes to hear cases. Members of the Peer Conduct Board serve on Student Conduct Hearing Boards.

Off-Campus Board

The Off-Campus Board will work to bring students and neighbors together to address incidents and behavioral concerns that occur off-campus, formulate reasonable solutions, and offer support to one another to achieve peaceful community living.  The format lends to bring involved parties together to deal with harm face-to-face, to understand the harm, and make plans to repair the harm through education and action.

The Off-Campus Board will convene when an alleged off-campus violation has been reported and an involved party is identified as well as when there is not an identified responsible party (i.e., an address is reported without names).  The Off-Campus Board composition will include trained University staff and students, and non-Fairfield University community members.

The hearing shall be conducted in accordance with the students' rights published in this Handbook. The chairperson presides over the hearing and determines all procedural matters and, along with other board members, determines the relevance of the testimony and evidence available.

The Board members review the available relevant reports, documents, and evidence. The student conduct administrator (or designee) presents the alleged violation(s) and the responding student enters a plea for each alleged violation. The Board begins by questioning the responding student, followed by individuals appearing as witnesses, which may include the reporting party.

The Board deliberates in a closed session and determines whether or not the responding student is responsible for the alleged violation(s). The student conduct administrator is available during the deliberations to offer any assistance as requested by the Board. A simple majority of the voting board members is sufficient for determining a student's responsibility for any violation. If less than a simple majority vote finds that the student was responsible or the vote results in a tie, the determination shall be that the student is not responsible for the violation(s).

Sanctions will be assigned by the dean of students or a designee.

Board members are required to maintain the privacy of information shared during the student conduct process and shall not discuss student conduct records, votes taken, and hearing proceedings outside of deliberations and in communicating their decision and recommendation to the Office of the Dean of Students.

Appeals may be submitted by a reporting student with regard to the following community standards: damage to property and vandalism, physical harm, threat of harm, and fighting, theft, fire, fire alarms, and emergency equipment. Any responding student may submit an appeal. Appeals must be based on one or more of the following grounds:

• newly discovered evidence that is substantive in nature and was unknown or unavailable at the time of the original student conduct hearing
• a substantial error or omission in the student conduct proceedings which significantly affected the outcome of the hearing
• a sanction that is substantially disproportionate to the severity of and outside of the guidelines set by the University for the violation, or the cumulative conduct record of the responding student

Students may appeal a student conduct outcome within five business days from the date the student is informed of the original decision using the Student Conduct Appeal Form. The appeal must be submitted using the Student Conduct Appeal Form which will be reviewed by the vice president of student life or another University designated official. The student shall be advised in writing of the decision on the appeal within three weeks. If the vice president is unable to respond within three weeks of the receipt of the appeal, the vice president shall notify the student in writing and provide an estimated timeframe in which the appeal will be decided.

An appeal does not postpone the imposition of sanctions. If the appeal is granted, the decision either will be set aside or the vice president may send the matter back to the appropriate hearing body for further adjudication. The appeal decision of the vice president of student life or another University designated official is final.

Fairfield University respects the dignity and rights of each of its students. In all student conduct cases, students are asked to review their rights and are given the opportunity to ask questions.

When students allege that another student’s violation of the following community standards has occurred and caused them personal harm or damage, they meet the definition of “reporting student” for purposes of the Student Conduct Code: damage to property and vandalism, physical harm, threat of harm, and fighting, theft, fire, fire alarms and emergency equipment.

Students who are alleged to have violated the Student Conduct Code (i.e., responding students) will be apprised of the allegations against them and be afforded the opportunity to participate in the student conduct process.

Students involved in the conduct process have the following rights:

1. The right to meet with the Office of the Dean of Students to discuss the student conduct process.
2. The right to respond to the alleged violations against them and to rebut unfavorable inferences that might be drawn.
3. The right to identify information and witnesses who may have direct, personal knowledge of the incident or conduct in question.
4. The right to an advisor.
5. The right to be absent from a hearing without excuse. However, the case will be heard without the student present and a decision rendered based upon the evidence or information available.
6. The right to request a hearing be delayed for up to five business days if a legitimate reason has been established as determined by the dean of students or a designee.
7. The right to decline to appear as a witness or remain anonymous with knowledge that such action could result in the dismissal of the alleged violations for lack of evidence or information.
8. Responding students will be notified of the outcome of the hearing within ten business days of the conclusion of the hearing, unless the student has otherwise been informed by the University.
9. Reporting students, upon written request, will be informed of the final results of the University's student conduct proceedings with regard to the following community standards: damage to property and vandalism, physical harm, threat of harm, and fighting, theft, fire, fire alarms, and emergency equipment. This information may be provided to the next of kin if the reporting student dies as a result of the incident.
10. The right to appeal, as provided in the section entitled “Appeals” above.

Student conduct sanctions are intended to offer educational correctives to unacceptable behavior. For some infractions, the University has prescribed minimum or maximum sanctions (e.g., violation of alcohol or drug policies). The sanctions imposed will be determined based upon the severity of the infraction, the student's prior record, and any other relevant circumstances. Failure to comply with sanctions is itself a violation of the Student Conduct Code and may result in probation, a hold placed on student records, and/or dismissal.

Possible sanctions include, but are not limited to:

Alcohol/Drug Education: Required attendance, participation in wellness classes, and parent/guardian notification.

Community Service: A number of hours of service to the University or the community. Service hours must be completed within the imposed timeframe.

Deferred Dismissal: A period of time during which a student is no longer in good standing with the University and will be required to adhere to specific requirements and conditions in order to remain enrolled. Students will be placed on deferred dismissal for at least a full semester (fall or spring). Student will likely lose housing related privileges including, but not limited to, restriction from housing-related lotteries.  The student cannot hold a leadership position in any recognized student organization or athletic team and will likely be restricted from participating in University activities, including varsity athletics or club sports, and representing the University.  Parent(s)/Guardian(s) will be notified.  Failure to comply with the requirements or conditions will result in an immediate dismissal from the University for a period of time, and additional sanctions may be applied. Any subsequent violations may also result in dismissal, expulsion, or the loss of other privileges including, but not limited to, on-campus housing or attendance and participation in University programs and activities.

Student Conduct Probation: A probationary status with the University that means the student is not in good standing with the University. Student conduct probation is intended to reflect the seriousness of the student's misconduct. Student will likely lose housing-related privileges including, but not limited to, restriction from housing-related lotteries.  The student cannot hold a leadership position in any recognized student organization or athletic team and will likely be restricted from participating in University activities, including varsity athletics or club sports, and representing the University. Most importantly, further infractions while on probation will likely result in dismissal or expulsion. Student conduct probation will continue for a minimum of 14 weeks which does not include semester breaks and may span multiple semesters or academic years (i.e., fall and spring), and does not include week.

Dismissal: Withdrawal from the University that is an interruption in progress towards a degree for an indefinite period of time that does allow the student to reapply to the University in the future. Students who have been dismissed from the University will be expected to remain away for at least a full semester (fall or spring). Dismissal may include conditions which must be completed prior to being allowed to re-enroll and/or will be in place if the student re-enrolls. While dismissed, a student may not be on campus, property operated by the University, or attend any university-sponsored event for any reason without prior approval from the Office of the Dean of Students and is subject to arrest for trespassing. If a dismissed student has a need to come to campus, a request must be made to and approval given by the Department of Public Safety or the Office of the Dean of Students at least 48 hours in advance. Credits earned at another institution while dismissed cannot be transferred and applied toward a Fairfield degree without prior approval from the University.

Drug Testing: Random drug testing at the student's expense. The results of such tests will be reported to the Office of the Dean of Students.

Educational Project: A writing assignment or research project related to the unacceptable behavior.

Expulsion: Withdrawal from the University that is permanent and prohibits the student from reapplying to the University in the future or earning a degree from any of its colleges or schools. Under expulsion, the student is not welcome on campus.

Fines, Fees or Restitution: A payment to the University or to an individual for unacceptable behavior or physical damage caused. Fine monies paid to the University are deposited into a restricted budget, administered by the Office of the Dean of Students, to support student life initiatives. They are not part of the University's general fund. Restitution is used to cover the direct cost associated with repairs or replacement items.

Formal Warning Status: A formal warning will be issued to students who have been found responsible for violating a policy or the Student Conduct Code that may not reach a threshold for being placed on student conduct probation.  Students who are issued formal warnings remain in good disciplinary standing with the University.

Housing Change: A required move from one room to another, from an apartment or townhouse to a residence hall room; a revocation of off campus or commuter status and return to an on-campus housing location; or a removal from campus housing for a stated period of time. If removed from campus housing, a student may not live in or visit University-owned residences.

Housing Restrictions: A restriction from entering a particular residence hall(s), townhouse(s), apartment(s), or an individual floor; or a limitation or restriction on being able to live in townhouses, apartments, or as off-campus boarders, or participating in housing-related lotteries.

Housing Removal: A student is no longer permitted to reside in any University housing. This accompanies the termination of a student's housing agreement and a restriction from entering any University housing.

Housing Warning: A notice that any future violation will likely result in loss of housing, lottery restriction, or change of assignment.

No-Contact Order: An order prohibiting a student from having contact, including but not limited to, physical, written, verbal, third-party, and/or electronic contact, with another student for a specified period of time.

Referrals: A referral for evaluation and/or counseling to individuals or organizations considered helpful to the student. Attendance or participation at such referrals, as well as recommendations for further evaluation or action, will be reported to the Office of the Dean of Students.

Restorative Mentoring:

This is a student conduct sanction program that encourages and provides an opportunity for dialogue, reflection, and conversation in the areas of student behavior, moral development, responsible community participation, and our Jesuit mission.  Students will be assigned a mentor to meet with on a recurring basis to reflect intentionally about their choices. Students will be encouraged and learn how to make decisions more aligned with our Jesuit mission and their personal values.

Restriction: The temporary restriction on participation in University-sponsored programs and activities, access to University facilities, or other privileges such as the ability to host social gatherings for a defined period of time.

Stag Smart: A program that provides an opportunity for students living in an upper-class environment to develop the skills and techniques they need to host smart parties on campus and intervene in situations where their peers are misusing alcohol.