2022-2023 Bulletin: Policies and General Information 
    
    Nov 27, 2022  
2022-2023 Bulletin: Policies and General Information

Basic Code of Conduct


See Addendum  to this Bulletin for an updated version of this policy.

Introduction 

Claremont Graduate University is committed to maintaining a community and environment that promotes our educational mission of preparing a diverse group of outstanding individuals to assume leadership roles in the worldwide community through research, teaching, and practice in selected fields and student retention.

Each member of the community must adhere to a code of responsible behavior. Students, faculty, and staff are expected to respect the person and property of all constituents, and the educational and administrative processes and policies of Claremont Graduate University and The Claremont Colleges. Every effort will be made to balance the needs and rights of the individual with the welfare of the community as a whole.

This Basic Code of Conduct applies to all students, recognized student organizations, and groups of students. In addition, students who are enrolled in specific educational programs are expected to follow those related academic and professional standards.

Violation of this basic code of conduct in the classroom, both online and on any of our campus locations, or on the property of Claremont Graduate University, any of The Claremont Colleges, or The Claremont Colleges Services, constitutes an offense against Claremont Graduate University and may result in disciplinary action up to and including dismissal.

Article I: Definitions 

  1. Adjudicate: a method of resolving alleged student misconduct which employs a fact-finding, impartial adjudicator to render a binding decision in the matter.
  2. Administrative Hearing: a meeting held by the Associate Dean of Students, Dean of Students or designee to (a) investigate or (b) gather more information about a possible Code violation.
  3. Appellate Officer: the Assistant Vice President of Student Affairs, or a designee, has the authority to consider an appeal of a Conduct Officer’s decision.
  4. Code: this Basic Code of Conduct.
  5. University: Claremont Graduate University; CGU; or any physical space or virtual environment being used by Claremont Graduate University.
  6. University Official: any person employed, contracted, or assigned by the University, including, on some occasions, students performing assigned administrative or professional responsibilities.
  7. University Premises: includes all physical space (buildings, facilities, and other property, including adjacent streets and sidewalks) and the virtual environment in the possession of, owned, used, or controlled by the University.
  8. Educational Record: any record directly related to a student and maintained by the University or by a party acting for the University, as defined by the Family Educational Records and Privacy Act. This includes Academic Records and Disciplinary Records.
  9. Faculty Member: any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty or instructional staff.
  10. Member of the University Community: any person who is a student of, employee of, or who is contracted to perform services of any kind for the University.
  11. Policy: the written rule or regulations of the University as found in, but not limited to, the Code, as well as contracts, academic catalogs, professional standards, and any other documents that are deemed by the University to express University policy.
  12. Preponderance of Evidence: a decision whether the Respondent more likely than not engaged in an alleged violation of this Code.
  13. Complainant: an individual or group who brings forward an allegation of a Code violation. The University may be the “Complainant.”
  14. Respondent: any student or group charged with an alleged violation in this Code.
  15. Student: any person who is registered for one or more credit or non-credit hour(s), including online learning courses, or who has applied for admission, received financial aid, or received any other service or benefit provided by the University which requires student status. Any person who has withdrawn or who is not enrolled in any courses, but who has a continuing relationship with the University, may be considered a “student” for the purposes of this Code.
  16. Conduct Officer: an official authorized by the Assistant Vice President of Student Affairs or designee(s) to conduct an Administrative Hearing. This official is also authorized to impose sanctions when it has been determined that a violation has occurred.
  17. Student Organization: any student or group of students formally recognized by the University as a Student Organization, or any group with student membership that uses University spaces, funds, or materials.
  18. Support Person: any person that attends an Administrative Hearing or proceeding under this Code with a student, including, but not limited to, a parent, a friend, an Academic Advisor, a Disability Services practitioner, another University staff person, or an attorney.
  19. Disability Accommodations: This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Conduct Officer before or during the student conduct process that do not fundamentally alter the Process. The hearing officer will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

Article II: Student Code Authority 

  1. The following individuals are approval signatures for this policy: University President, Vice President for Finances and Administration, Director of Human Resources and Assistant Vice President for Student Affairs.
  2. Administration of the Code is the responsibility of the Assistant Vice President for Student Affairs or designee(s), who shall develop procedures to carry out the Code.
  3. Associate Dean of Students or Dean of Students shall serve as the principal investigators and administrators for alleged violations of the Code, and shall interpret and implement procedures to carry out the Code.
  4. Decisions made by a Conduct Officer shall be final, pending the appeal process set forth in this Code.

Article III: Jurisdiction 

  1. The Code shall apply to student conduct on University premises; at or in connection with University related or sponsored events and activities, regardless of location, including but not limited to international or domestic travel, activities funded by the Associated Students, trainings, Online Learning, supervised academic/work experiences, or any other University sanctioned social or club activities; and off-campus during non-University- related or sponsored events and activities, when the University, in its sole discretion, determines that the alleged off campus misconduct adversely affects the University community or the pursuit of the University’s objectives.
  2. The Code shall apply to student conduct at all hours during each term, between terms, and during periods in which a student is not enrolled but has a continuing relationship with the University, from the time a student applies for admission to the University through the student’s receipt of a degree, completion of program, or withdrawal from the University, except that proceedings under the Code may continue if a student withdrawals while a disciplinary matter is pending, whether or not the student has a continuing relationship with the University.
  3. All persons, including persons who are not students, must comply with all applicable University policies and procedures when attending or participating in any activity connected with the University.
  4. At the discretion of the Conduct Officer(s), allegations of misconduct by students or student groups may be adjudicated prior to, concurrent with, or following any civil or criminal proceedings.

Article IV: Proscribed Conduct 

The following constitutes conduct proscribed by the University for which a student or student organization is subject to disciplinary action:

Academic Integrity

Cases involving academic misconduct may be referred to the Policy and Procedures for Violations of Standards of Academic Integrity for any violations.
Actions constituting violations of academic integrity include, but are not limited to, the following:

  1. Cheating. Includes but is not limited to use of any unauthorized assistance for academic work and use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff.

  2. Collusion. Includes but is not limited to assisting another to commit an act of academic misconduct, such as paying or bribing someone to acquire a test or assignment, taking a test or doing an assignment for someone else, unauthorized group work, use of unauthorized electronic devices, or allowing someone to do these things for one’s own benefit.

  3. Fabrication. Includes but is not limited to falsifying data, information, or citations in completing an academic assignment or other institutional document, and also includes providing false or deceptive information to an instructor concerning the completion of an assignment.

  4. Plagiarism. Includes but is not limited to use of someone else’s language, ideas, or other original material (not common-knowledge) without attribution to the source. This definition applies to all student work, not limited to print materials, online materials, manuscripts, oral discussion, and the work of other students. Examples include submitting someone else’s language, ideas, or materials as one’s own; inadequate paraphrasing, copying words and changing them a little, even if you give the source; carelessly or inadequately citing ideas and words borrowed from another source; self-plagiarism, including the unauthorized submission for credit of academic work that has been submitted for credit in another course.

Alcohol, Drug, and Tobacco Violations

  1. Alcohol. The use, possession, delivery, sale, or being under the influence of any alcoholic beverage is prohibited on University premises and during University-related or sponsored events and activities, except as permitted by law and applicable University policies.
  2. Drugs. The use, possession, delivery, sale, or being under the influence of any illegal drugs is prohibited at all times. This includes unauthorized use of prescription drugs.
  3. Marijuana. The possession, consumption, being under the influence of, or furnishing marijuana, cannabis, or any of its derivatives is prohibited on University premises and during University-related or sponsored events and activities.

Assault, Endangerment, and Intimidation.

  1. Unwelcome physical contact that obstructs or disrupts a person from engaging in individual activities; puts a person in reasonable fear for personal safety; or causes or creates a substantial risk of personal injury or property damage.
  2. Non-physical contact, including but not limited to, bullying, intimidating, or threatening behavior, that obstructs a person from engaging in individual activities; puts a person in reasonable fear for personal safety; causes or creates a substantial risk of personal injury or property damage; or causes or is intended to cause emotional or physical distress. Non-physical contact includes all forms of direct or indirect contact with another person, including, but not limited to, written, electronic, or telephonic communication of any form.

Disruptive Behavior

  1. Obstruction or disruption of teaching, learning, research, administration, disciplinary procedures, other University-related or sponsored activities, including the University’s public service functions, or other authorized activities on University-owned or controlled property.
  2. Obstruction or disruption interfering with the freedom of movement, including obstruction of the free flow of pedestrian or vehicular movement on University property or at a University activity.
  3. Leading or participating in any activity that unreasonably infringes on the rights of another member of the University community or that is intended to or reasonably may incite another person to unreasonably infringe on the rights of another member of the University community.
  4. Interfering with someone else’s participation in a University activity, event, or process.

Failure to Comply

  1. Failure to comply with reasonable directions of University officials, acting in the scope of their duties. In some cases, “officials” may be students employed to act on behalf of the University.
  2. Failure to comply with any disciplinary sanction imposed under the Code.

Falsification of Information

Includes, but is not limited to:

  1. Knowingly furnishing false information, or failing to furnish correct information, in response to request or requirement of a University Official.
  2. Forging, altering, or misusing University documents, records, or identification cards, including electronic documents and records.
  3. Unauthorized use of another individual’s identification or password, or sharing one’s personal identification or password with an unauthorized user.
  4. Knowingly reporting a false emergency.
  5. Knowingly making a false accusation of misconduct.

Fire and Life Safety.

Includes, but is not limited to:

  1. Tampering with fire safety equipment, generating a false alarm, or engaging in behavior that constitutes a fire or safety hazard.
  2. Failure to evacuate a University building after an alarm has sounded.
  3. Failure to follow the fire and/or life safety-related directives of a person authorized to give such directives.

Hazing

An act which endangers or jeopardizes the mental or physical health or safety of a student or other University community member, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. This includes, but is not limited to, all violations of applicable hazing laws. The express or implied consent of the person subject to the hazing does not relieve an individual or group from responsibility for violating the Code. Apathy or acquiescence in the presence of hazing are not neutral acts but are violations of this rule.

Property Theft and/or Damage

Attempted or actual theft of, unauthorized use or possession of, and/or damage to property of the University or of a member of the University community.

Recording

  1. Using, obtaining, or attempting to obtain, electronic or other means to photograph or record the likeness of another without the individual’s consent, in any situation in which there is a reasonable expectation of privacy, is prohibited. This includes, but is not limited to, recording another person in an intimate situation.
  2. Recording in any restroom is strictly prohibited.  
  3. Recordings of lectures and presentations may not be used for any reason other than personal educational purposes and may not be shared publicly.

Retaliation

Retaliating, or attempting to retaliate, against any individual for exercising one’s rights or reporting, providing information, or otherwise being involved in the process of responding to, investigating, or addressing allegations or violations of federal, state, or local law, or University policy, including, but not limited to, the provisions of this Code.

Sexual Misconduct

Relevant definitions and the procedures for addressing possible sexual misconduct are included in the TCCS TIX Grievance Process.   

At its sole discretion, the University may address possible sexual misconduct through this Code or its TCCS TIX Grievance Process, the Claremont Graduate University Sexual Misconduct and Complaint Resolution Policy instead of, or in addition to, this Code.  The TCCS TIX Grievance Policy will be reviewed first for all allegations of Sexual Misconduct.  If the allegations do not apply to the TCCS TIX Grievance policy the TIX Coordinator will make the recommendation to proceed under another policy.

Unauthorized Access

Unauthorized possession, duplication, or other use of a key, keycard, or other restricted means of access to University Premises, or unauthorized entry onto or into University premises.

Violation of University Policy

Violation of any University policy, rule, or regulation that is posted by a University Official or available electronically on the University website. 

Violation of Law or Regulation

Engaging in conduct that is contrary to any federal, state, or local law when such violation interferes with, or poses a risk to, the University or interferes with other students’ participation in University programs, activities, or events.

Weapons and Dangerous Materials

Possession of firearms, explosives, other weapons, or dangerous chemicals on University Premises or use of any item in a manner that harms, threatens, or causes disruption to the educational environment.  Exceptions to this policy are permitted when the weapon and/or dangerous materials are used in conjunction with an approved University instructional program, is carried by a duly constituted law enforcement officer, or is otherwise permitted by law.

Article V: Procedures 

Temporary Removal of Registered Students

If a student is engaging in disruptive behavior, a course instructor may temporarily restrict a student’s participation in class or temporarily block access to the digital learning management system.  Before allowing the student to return to class, the instructor, department chair, and/or division dean will clarify with the student the behavioral standards that must be met in order to continue in the class. This clarification will occur as expeditiously as possible, preferably before the next class session or equivalent. 

During the period of restriction, the student must be provided the opportunity to maintain access to the educational/course content.  Instructors must facilitate an alternate method for this to occur. 

If the disruptive behavior is not resolved through the clarification process, the situation must be referred to the Dean of Students Office.

Removal of Unauthorized Individuals

Instructors may restrict persons who are not registered from attending class sessions.  Exceptions on the basis of disability must be approved by the Office of Disability.  Other exceptions may be made by a University official.

Administrative Hearing Process

Report

Anyone may submit information about a possible Code violation by submitting a report to CGU’s Share a Concern page: https://my.cgu.edu/dean-of-students/home/share-a-concern/.

Preliminary Review

The Dean of Students Office may gather further information to determine whether the reported conduct, if substantiated, may constitute a possible Code violation.  If the Conduct Officer determines that the reported conduct, even if substantiated, likely would not amount to a Code violation, the Conduct Officer may choose to close the report or address the report through another University retention/administrative process. 

Interim Action

The Assistant Vice President for Student Affairs or Conduct Officer may impose one or more interim actions, including (a) immediate suspension, (b) restricting access to University premises, the virtual learning environment, and/or all other University activities or privileges, or (c) any other action determined by the Assistant Vice President for Student Affairs or Conduct Officer as reasonable to prevent the recurrence of the alleged violation or protect the integrity of the investigation.  The interim action(s) does not replace the Administrative Hearing process as outlined in this Code.

The student will be notified in writing of any interim action and the rationale.  As soon as practical following implementation of the interim action, in most cases within three (3) days, the Assistant Vice President for Student Affairs or the Student Conduct Officer shall provide the student an opportunity to address the action and supporting information in person, by phone, video conferencing, or through written communication.  Based on that information, the Assistant Vice President for Student Affairs or the Conduct Officer may maintain, revoke, or modify the interim action.

Notice of Hearing

After the preliminary review by the Conduct Officer, a Hearing Notice may be sent to the Respondent.  The notice shall include: (a) a brief description of the reported allegation(s), (b) the section(s) of the Code the Respondent is alleged to have violated, (c) the range of possible sanctions for the alleged violation(s), (d) a specific date to schedule a meeting by, (e) information about having a Support Person attend, (f) information on how to request accommodations for a disability, and (g) information on the Administrative Hearing procedures. 

The Administrative Hearing typically occurs within ten (10) days from the date on the Hearing Notice.  Requests for extensions by the Respondent may be granted at the discretion of the Conduct Officer.

Administrative Hearing and Investigation

  1. The Respondent may elect to participate in the Administrative Hearing in person, by telephone, by videoconference, and/or by submitting a written statement.
  2. The Respondent may elect to not participate in this hearing.  If the Respondent elects not to participate in or fails to attend the hearing, the Conduct Officer may decide the matter in the party’s absence.  Failure to cooperate or appear will not delay the outcome of the matter.
  3. If the Respondent elects to participate in the hearing, the Conduct Officer will review the alleged violation(s) with the Respondent at the hearing. The Respondent will be provided a reasonable opportunity to share the party’s perspective, provide information to the Conduct Officer, and respond to the information presented.
  4. The University and/or the Respondent may seek legal advice at the party’s own expense.  The Respondent may consult the party’s Support Person, including an attorney, during the Administrative Hearing, but the Support Person may not participate in the meeting in any other manner, including speaking on behalf of the student.  The Respondent must notify the University within forty-eight (48) hours prior to the Administrative Hearing if the Support Person will be an attorney. 
  5. The Conduct Officer may gather additional information after the meeting, such as by conducting interviews and reviewing documents.  The Conduct Officer may need to meet with the Respondent about information gathered after the initial Administrative Hearing.  In general, this may take up to ten (10) days after the hearing, or longer as appropriate under the circumstances.
  6. The Conduct Officer will make reasonable efforts to communicate to all relevant parties any anticipated delays of more than ten (10) days. 

Decision

  1. The Conduct Officer’s decision will be based on a preponderance of the evidence. 
  2. After the hearing and the conclusion of any investigation, a decision letter will be sent to the Respondent’s University email articulating (i) the decision of the Student Conduct Officer, (ii) the sanction(s) imposed, if any, and (iii) information about the appeal process, if a Code violation is found.  
  3. In accordance with FERPA, the Complainant may be notified of the decision and if an appeal is filed.
  4. The decision of the Conduct Officer is final unless an appeal is filed in accordance with the appeal procedures set forth in this Code.

Sanctions

  1. Sanctions may be imposed upon any student, student organization, or student group found to be responsible for violating the Code. 
  2. More than one sanction may be imposed for a single violation.
  3. Expulsion will become a part of the Respondent’s disciplinary record and permanent academic record.  All other sanctions will become part of the Respondent’s disciplinary record but may not be a part of the party’s permanent academic record.
  4. Sanctions, including, but not limited to, the following, are intended to be educational and developmental in nature:
    1. Administrative Removal from a Class. The Respondent will be removed from a specific class but be allowed to continue in all other courses, unless otherwise restricted.  The Respondent is responsible for any tuition and fees associated with the administrative withdrawal process.
    2. Community Service. The Respondent must provide a designated number of hours of service to a designated entity.
    3. Educational Sanctions. The Respondent must complete tasks such as assignments, interviews, reflection papers, educational meetings, or other educational activities.
    4. Expulsion. The permanent separation of the Respondent from the University.  This means that the Respondent may not, at any time in the future: enroll in the University; be a member of any student club or organization; or register for, or participate in, any program, activity, or event sponsored or organized, in whole or in part, by the University.  The Respondent is trespassed from University Premises, which means the party may never again be present on University owned or controlled property, or access the virtual learning environment.  The Respondent’s rights and privileges as an enrolled student at the University are immediately revoked.  The Respondent will be responsible for any tuition and fees associated with the administrative withdrawal process, including any financial aid status implications.
    5. Loss of Privileges. The Respondent is denied specified privileges of being a student for a designated period of time.
    6. No Contact Directive. The Respondent is prohibited from contacting a specified person(s) related to the Code violation.  This includes contact initiated through any means (including personal, electronic, and telephonic) as well as contact initiated by any third parties on the Respondent’s behalf or request.  This restriction applies both on and off campus.  Failure to abide by the terms of this sanction will result in further disciplinary action.
    7. Notation on Transcript. A notation may be placed on the Respondent’s academic transcript related to the party’s disciplinary standing for the duration of the sanction.  This may be used when the student is suspended or expelled.
    8. Probation. For a specified period of time, any additional Code violations by the Respondent will result in progressive disciplinary action.  During the period of probation, the Respondent is not considered in good disciplinary standing.  Upon expiration of the probation period and fulfillment of other sanctions imposed (if any), the disciplinary probation will be lifted. 
    9. Restitution. For violations involving damage to, destruction of, or theft of property, the Respondent may be required to make monetary restitution and/or return any stolen or misappropriated property in an amount not to exceed the actual expenses, damages, or losses incurred.
    10. Suspension. The temporary separation of the Respondent from the University for a specific period of time.  During the suspension period, the Respondent is not eligible for the privileges and services provided to enrolled students, including but not limited to registering, attending class, or accessing the virtual learning environment.  The Respondent is trespassed from the University, including from all University owned or controlled property, services, and facilities.  The Respondent will be responsible for any tuition and fees associated with the administrative withdrawal process including any financial aid status implications.  Upon expiration of the suspension period, the Respondent must submit in writing a request for reinstatement to the Dean of Students Office or designee.  The Respondent may be asked to provide a statement demonstrating readiness to return and successfully re-engage with the University community.  If the Dean of Students Office confirms that all terms of the suspension have been met and the suspension is lifted, the Respondent may be reinstated with or without additional conditions, at the discretion of the Conduct Officer.  
    11. Warning. Written notice that the Respondent has been found responsible for violating the Code.  Additional Code violations may result in progressive disciplinary action.  A warning does not affect the Respondent’s disciplinary standing.
    12. Registration Hold. Students who do not complete assigned sanctions within the time provided may be prevented from registering for classes until completion of those sanctions.

Appeals

  1. Appeals must be submitted electronically through the link provided in the Respondent’s decision letter and received within five business (5) days of issuance of the decision letter.
  2. The request for an appeal must state the specific grounds for the appeal. Dissatisfaction with a decision is not grounds for an appeal. Grounds for an appeal are limited to:
    1. Demonstrating that the Administrative Hearing deviated from the procedures outlined in the Code; however, deviation from these procedures shall not invalidate a decision or result in any other remedy unless it materially affected the Conduct Officer’s decision.
    2. Demonstrating that the imposed sanction(s) was inappropriate for the Code violation.
    3. Considering directly relevant information that was not known to the Student Conduct Officer and was not known, and that could not reasonably have been known, to the Respondent at the time of the Administrative Hearing.
  3. The Appellate Officer will review the appeal request, together with any other information the Appellate Officer deems relevant, which may include reviewing the Administrative Hearing record and consulting with the Conduct Officer, to determine whether an appeal hearing would assist the Appellate Officer in deciding the appeal.  The Appellate Officer may grant a hearing, or not, in the officer’s best judgment. 
  4. If an appeal hearing is granted, the Appellate Officer may limit the subject of the hearing to matters that will assist the officer in deciding the appeal, which may include a request to the Respondent for additional information.  The Appellate Officer may ask questions of the Respondent at the hearing.  The Respondent’s failure to cooperate or appear at the appeal hearing will not delay the outcome of the appeal.  The Appellate Officer may dismiss the appeal if the Respondent fails to appear at the hearing. 
  5. The University and/or the Respondent may seek legal advice at the party’s own expense.  The Respondent may consult the party’s Support Person, including an attorney, during the appeal hearing, but the Support Person may not participate in the hearing in any other manner, including speaking on behalf of the student.
  6. The Appellate Officer will make one of the following decisions on the appeal:

Concurrent Proceedings

Nothing in this Code shall preclude or in any way restrict additional actions in any University department, educational program, or activity related to academic, professional, or similar standards specific to the department, program, or activity.

Article VII: Record Retention 

All files and records of procedures under this Code are maintained by the Dean of Students Office.