Student code of conduct & conduct review procedures

The purpose of the student code of conduct is to outline behavioral expectations for Lynn University students. The student code of conduct sets specific expectations for student behavior, identifies behaviors prohibited at the university, and describes the overall process and stated procedures for addressing allegations of student code of conduct violations, as well as the possible consequences for students who violate these standards.

The student code of conduct serves to protect individual rights, while cultivating a cooperative living and learning environment. The university views its students as adults and expects that they will act with the requisite maturity and responsibility. As adults, students are accountable for their behavior under the student code of conduct, whether it takes place on or off university property. The overarching goal of this system is to establish behavioral expectations with the objective of improving the overall quality of the communal university experience.

Lynn University uses technology, staff, and policy enforcement in its efforts to provide a safer and more secure environment for all students, faculty, staff, and campus guests. Although Lynn University has established its own student code of conduct, the university adheres to all federal, state and local laws and incorporates these statutes into the student code of conduct system. Code of conduct concerns are addressed according to the conduct review procedures section below. In addition to being subject to any internal action that the university may initiate, an alleged violator may also be referred to law enforcement officials. During times of campus emergency, additional Campus Safety and Security policies may be implemented.

The "Student Right-to-Know and Campus Security Act" of 1990 requires disclosure of data on crimes committed on campus and Campus Safety policies and procedures. This information is available in the Lynn University Annual Security and Fire Safety Report, which is available on the university’s website.

Lynn's mission is to provide an innovative, global and personalized education that enables students to realize their potential. Students should model good citizenship and engage in responsible conduct that reflects credit upon the Lynn University community at all times. Members of the Lynn University community are also expected to make good decisions; should refrain from activities that compromise individual integrity and/or the integrity of the university; should respect the rights of others; and are expected to take action to preserve order on campus. In its efforts to provide a safer and more secure environment for all students, faculty, and staff in the pursuit of this mission and these ideals, the university uses policy enforcement through the student code of conduct, to which students and student organizations must adhere. Likewise, students and student organizations must observe the policies, rules, regulations, and requirements of Lynn University, all applicable municipality, county, state and federal laws, and when in another state or country, the laws of that state, country, or jurisdiction.

During any conduct proceeding the Student Conduct Officer that is facilitating the meeting is responsible for interpreting the terms, processes, and applicability of the Student Code of Conduct. Any question of interpretation or application of the Student Code of Conduct shall be referred to the Chief Conduct Officer.

The Student Code of Conduct may be amended at any time, under the direction of the Vice President for Student Affairs, with the most current version being available on the Lynn University policy website. Under conditions of civil unrest or other states of emergency, the Conduct Officer may (with or without notice) deviate from the aforementioned review procedures. The Conduct Officer may also make reasonable changes to these procedures without notice.

The following definitions apply to all provisions of this student code of conduct:

1. The term “appellate officer” is any person authorized to consider an appeal from a determination made by a Student Conduct Officer as to whether a student has violated the student code of conduct, and/or with regard to the sanctions imposed. The Vice President for Student Affairs, or designee, will serve as the Appellate Officer.
2. The term “business day” refers to the days and operating hours that the university is open for official business; typically Monday through Friday, between the hours of 9:00 a.m. and 5:00 p.m. (between the hours of 9:00 a.m. and 4:00 p.m. during the summer months), excluding official university holidays.
3. The “case file” includes documents or other information pertaining to the specific reported disciplinary matter that has been or will be reviewed by the Student Conduct Officer in order to make a determination regarding the allegations. The case file is considered an educational record pursuant to FERPA.
4. The term “complainant” means any person or entity that has been impacted by another student’s misconduct and files a complaint, or on whose behalf a complaint is filed.
5. The terms “Conduct Officer” and “Student Conduct Officer” refer to any university official that has been authorized by the Vice President for Student Affairs to determine whether a student has violated the student code of conduct, and to impose sanctions.
6. The term “conduct review” refers to the process by which a Student Conduct Officer reviews a report of an alleged violation of the student code of conduct in order to determine whether the respondent has violated the student code of conduct and, if so, to impose sanctions. The respondent will be notified to attend the meeting(s) during which this review occurs, referred to as “conduct review meetings”. There may be one meeting, or a series of meetings, before a determination is made.
7. The “Chief Conduct Officer” is the individual designated by the Vice President for Student Affairs to serve as the chief conduct officer of the university and oversee the student conduct process and preside over the related administrative and procedural matters. This may be the Assistant Dean of Students or Director of Student Conduct. Other university officials may serve as designees for the purpose of adjudicating conduct cases for the Chief Conduct Officer, including but not limited to other Student Conduct staff, and Housing and Residence Life staff.
8. The term “faculty member” means any member of the university that has the responsibility to teach, facilitate classroom activities, conduct research, or who is otherwise considered by the university to be a member of its faculty.
9. The term "impacted party", for the purpose of this student code of conduct, applies to an individual that has been the subject of or has been harmed by a student's misconduct in cases involving sexual harassment, sexual misconduct, dating violence, domestic violence, stalking, other types of physical violence, hazing, some forms of harassment and harmful behavior, and/or in other select cases, as determined by the Chief Conduct Officer. The impacted party will be referred to as a complainant throughout the conduct proceedings and in correspondence, but will also have the same rights under this student code of conduct as are provided to the respondent, even if another member of the community submitted the complaint itself. However, for the purposes of distinguishing the difference between a "complainant" and an "impacted party" with regard to such rights, the term "impacted party" will be used in this student code of conduct.
10. The term “investigation” refers to the process and methods used in certain cases to seek additional information in order to decide whether a student code of conduct response is appropriate. Sometimes this will involve meeting with multiple witnesses and obtaining additional evidence. Investigations will occur at the discretion of the Chief Conduct Officer.
11. The term “member of the university community” includes any person who is a student, faculty member, university official, alumnus, is employed by the university, or any other individual or entity which participates in any university activity or program. A person’s status in an ambiguous circumstance shall be determined by the Vice President for Student Affairs.
12. The term “organization” means any group of students that are recognized and/or registered by Lynn University as a student organization or club (such as sororities and fraternities, leadership organizations, academic clubs, special interest clubs, sports clubs, etc.) or a non-recognized group of students that conducts business or participates in university-related activities as an affiliated organization. If a student organization is the subject of a conduct allegation, the organization’s president will typically be the main point of contact throughout the conduct review process. Therefore, for the purpose of this student code of conduct, any instance where the term “student” is used to describe the respondent in the conduct review process will refer to the organization’s president.
13. The term “policy” refers to the written regulations of the university as found in, but not limited to, the Student Code of Conduct, all Lynn University Policies, the Academic Catalog, Housing and Residence Life Agreement, Alcohol and Drug Policy, Sexual Harassment (Title IX) Policy, Lynn University Student iPad User Agreement, and other official university publications. These publications may be in print, posted on the Lynn University Web site and/or published on myLynn.
14. The term “preponderance” means more-likely-than-not. The standard that is used for decision making in student code of conduct cases is a preponderance of evidence.
15. The term “recording” means any recording - visual (photographs, videos, etc.), audio, or both - in any medium, using any technology.
16. The term “resolution option(s)” refers to the process used to resolve a report of misconduct.
17. The term “respondent” means any student or student organization that has been accused of committing a violation of this Student Code of Conduct.
18. The term “student” includes any person that is registered to take any course(s) at the university, or has been notified of their acceptance for admission. This applies whether enrollment is full-time or part-time; whether the course(s) occur on-campus, online, or at an off-campus instructional site, such as students studying abroad (domestically or internationally); and whether the student is pursuing undergraduate, graduate, non-degree seeking, post-graduate, or professional studies. This may also apply to any person that attends a post-secondary educational institution other than Lynn University and who resides in a Lynn University residence hall. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the university are considered “students”. Persons who withdraw or otherwise depart the university after allegedly violating the Student Code of Conduct are still considered students for the purpose of resolution through this code. Any student that has ever enrolled in courses at Lynn University maintains a continuing relationship with the institution, including former students and alumni. For the purposes of applying this code, discretion will be used if a student has not been enrolled in classes at the institution for three or more consecutive semesters, particularly if the student wishes to reenroll. The Vice President for Student Affairs, or designee, will resolve any uncertainty concerning a person’s “student” designation.
19. The term “university” refers to Lynn University in Boca Raton, Fla.
20. The term “university activity” or “university program” means any on or off-campus, in-person or online, event, program, or activity that is hosted, sponsored, or organized by any university group or organization, including student organizations. Such activities or programs include, but are not limited to, coursework and other academic activities, learning abroad, field trips, retreats, social events, philanthropies, community service events, athletics, employment, residence life, dining services, and any other university operations. This term applies to all activity that occurs on campus or on other property owned or occupied by the university.
21. The term “university official” includes any person employed by the university to perform assigned administrative, professional, or paraprofessional responsibilities (such as resident assistants), when acting in the performance of their duties.
22. The term “university premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks). This may include properties rented or used for a specific university function.
23. The term “witness” means a person who has relevant information to provide to a Student Conduct Officer in an effort to determine whether or not a violation has taken place.
24. The term “shall” is used in the imperative sense.
25. The term “may” is used in the permissive sense.

The Vice President for Student Affairs has authority in all violations of university regulations and general student conduct, and has ultimate authority over the Student Code of Conduct, including interpretation of policies and procedures. The Vice President for Student Affairs shall also determine which Appellate Officer shall be authorized to hear cases involving an appeal. The Vice President for Student Affairs, or designee, administers regulations governing most aspects of the university community that students are likely to encounter. Significant changes to student affairs policies are subject to review and approval by the Board of Trustees.

The Dean of Students may be identified to serve as the designee for the Vice President for Student Affairs regarding authority over the Student Code of Conduct, including interpretation of policies and procedures. The Dean of Students may also serve on behalf of the Vice President for Student Affairs to impose any interim actions and to serve as an Appellate Officer.

The Chief Conduct Officers, by designation from the Vice President for Student Affairs, serves as the primary conduct authority at Lynn University and supervises the administration of the conduct review process and procedures. The Chief Conduct Officer provides oversight for the day to day operations of the office of Student Conduct and has the authority to develop additional policies and operating procedures for the administration of the student conduct process, as long as they do not conflict with the provisions of this Student Code of Conduct. The Chief Conduct Officer shall designate individuals to serve as Student Conduct Officers and may determine who shall be authorized to hear or resolve alleged violations of the Student Code of Conduct.

The Director of Housing and Residence Life and specific Housing and Residence Life staff members may serve as Student Conduct Officers and be delegated the authority to resolve alleged violations of the Student Code of Conduct involving campus residents. These individuals are also delegated the authority to resolve alleged violations of the Residence Life Policies and Standards of Conduct, which shall be considered a violation of the Student Code of Conduct and may result in termination of the University Housing Agreement, in addition to any other sanction(s).

Decisions made by a Student Conduct Officer shall be final, pending the standard appeal process. In cases involving an appeal, decisions made by the Appellate Officer shall be final.

1. Location

The jurisdiction of the Student Code of Conduct includes Lynn University policies, statements, and other directives, including those published in the Academic Catalog, a Housing Agreement, and other official university publications. These publications may be in print or posted on the Lynn University web site and/or myLynn.

The Student Code of Conduct shall apply both on and off of campus property, at university sponsored activities, and at activities conducted by student organizations. This also applies to conduct that occurs online and through other forms of electronic communication and media. The Chief Conduct Officer shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus on a case by case basis, at his/her discretion. The University is more likely to exercise this jurisdiction off-campus if the conduct poses a threat to anyone’s health, safety, or security, could negatively affect the mission or reputation of the university, poses a threat of undermining the university’s educational process, involves an alleged violation of local, state, or federal law, or if the University is required by law to do so.

Students shall also be responsible for the behavior and conduct of their guests on campus and for their guests' familiarity with university rules and policies. Guests are expected to observe all university rules and regulations, and students are expected to accompany their guests on campus at all times. Authorized or unauthorized guests not in compliance with university rules and/or policy may be removed from university property and issued a trespass warning. Any violations of the prohibited conduct listed below by a guest of a student may result in the student being held accountable for the applicable violation.

2. Time

Each student shall be responsible for his/her conduct from the time of application for admission through the actual conferral of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is conferred). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending (please refer to the Student Code of Conduct’s definition of “student” for further clarification). The Student Code of Conduct shall also apply to former students and alumni, with the outcome of the conduct case potentially impacting one’s ability to be present on university premises and/or reenroll in the future. Students, including applicants, are responsible for notifying the Dean of Students of any on or off-campus arrest within five (5) business days (please see “violation of any federal, state or local law” under the “Prohibited Conduct” section for more information).

Although there is no time limit for when conduct allegations can be filed against a student or student organization, it is generally more effective to report incidents as soon as possible after they occur, for reasons including but not limited to the following: witness memory, witness availability, obtaining evidence, and ability to hold a student or student organization accountable. Complaints should be submitted as soon as possible after the event takes place. Discretion will be used with regard to reports that are submitted more than thirty (30) days after an incident may have occurred. In situations when the delayed reporting of an incident makes it difficult to proceed, or when a student or student organization has been separated from the university for a considerable amount of time, the Chief Conduct Officer shall decide whether or not it is appropriate to apply the Student Code of Conduct on a case by case basis. There is no window of time after an incident of sexual or gender-based misconduct has occurred in which a report must be made. The university, however, strongly encourages early reporting in order to maximize options for potential legal or university resolution proceeding. Delays in reporting, while permitted, may limit the University’s ability to respond fully to the report.

3. Student groups and organizations

A student may be held accountable as an individual under the Student Code of Conduct for his or her conduct, whether the student is acting in an individual capacity, or the student is acting as a member of a student organization or club or a non-recognized group of students that conducts business or participates in university-related activities as an affiliated organization. The fact that a student organization or group requires or encourages a student's conduct is not an excuse for the student's violation of the Student Code of Conduct.

Any student organization may be held accountable for the actions or omissions of one or more individual(s) associated with the organization, including but not limited to active members, inactive members, new members, associate members, guests, and alumni. Organizations may be held accountable for misconduct when any one or more of the following apply:

1. Individuals associated with the organization acted together in the misconduct;
2. One or more members of the organization had knowledge of the misconduct or planned misconduct, involving individuals associated with the organization, and failed to take reasonable action to prevent or stop the misconduct;
3. The misconduct received consent or encouragement by its members and they failed to take reasonable steps to prevent or stop the behavior from occurring or continuing. Consent could be implied because the student organization, member, officer, or leader knows or intentionally acts to avoid knowledge (or under the facts and circumstances should know) that a violation may occur or is occurring;
4. The misconduct occurred on premises and/or transportation owned, operated, rented, or being used primarily by the organization;
5. A pattern of behavior involving misconduct has occurred by the organization or individuals associated with the organization; and/or
6. The student organization’s event or activities provided the context for the misconduct.

It is not a defense that the misconduct was not part of an official organizational event, was not otherwise officially sanctioned or approved by the organization, or that the misconduct was not done as a condition of membership to an organization. In the event that a matter of jurisdiction involving a student or student organization may be ambiguous, the Chief Conduct Officer shall determine whether or not it is appropriate to apply the Student Code of Conduct on a case by case basis, at his/her discretion.

The following alphabetized list describes prohibited behaviors that compromise individual and institutional integrity; are relevant to the safety and security of the community; and lack value in the educational process. This list should be interpreted broadly and is not intended to define misconduct in exhaustive terms. Students are responsible for complying with all university policies, including but not limited to the standards listed below. Any student or student organization that has allegedly attempted, planned, or committed any misconduct is subject to the conduct review process as outlined in this Student Code of Conduct. In addition, a student who assists or has knowledge of another individual or organization committing or attempting to commit a violation of university policy and/or violation of the law is required to remove him or herself from the situation immediately; failure to do so when reasonable under the circumstances may result in that student being found responsible for the applicable violation(s) due to their complicity.

1. Acts of dishonesty. Examples of prohibited conduct include, but are not limited to:

a. Cheating, plagiarism, or other forms of academic dishonesty. (Please refer to the applicable Academic Catalog found here, for the definitions and procedures for academic honesty violations);

b. Providing false information, knowingly withholding relevant information, or supplying misleading information to any university official, university department or office, or any law enforcement officer;

c. Forging, altering, or misusing any university document, record, or instrument of identification;

d. Tampering with the election process of any University recognized student organization;

e. Refusing to provide identification, misidentifying oneself, or presenting/possessing any form of false or altered identification;

f. Misusing a Lynn University Identification Card, including transferring and/or copying ID cards, possessing another person’s university ID card, allowing another student or a non-student to use one’s Lynn ID card, or using the ID card in a fraudulent manner; and

g. Representing oneself, or an organization, as having the authority to enter into contracts or agreements that affect Lynn University in any way.

2. Alcohol. Examples of prohibited conduct include, but are not limited to:

a. Serving alcoholic beverages on University property or within university facilities without proper permission;

b. Underage distribution, selling, possession, or consumption of alcohol, including being under the influence of alcohol or being in the presence of alcohol on campus;

c. The misrepresentation of one’s age in order to possess, consume, or purchase alcohol;

d. Consuming or being in the presence of alcohol while in the company of persons under the legal drinking age, when 21 years of age or older, and while on campus property. In the event that one roommate is of legal drinking age and another is not, each must observe the law as it pertains to him/her;

e. Distributing, providing, sharing, or selling alcohol to persons under the legal drinking age, or providing a venue in which underage consumption of alcohol takes place;

f. Consuming or carrying alcoholic beverages in open containers in university facilities, corridors, lounges, stairwells, lobbies, parking lots, or public areas of campus, with the exception of university residence hall rooms;

g. Possessing or being in the presence of kegs, beer balls, and alcoholic beverages in multiple serving containers;

h. Possessing and/or using alcohol paraphernalia, such as funnels, bongs, beer pong tables, empty alcohol containers, etc.; and

i. Public intoxication, excessive noise, verbal or physical abuse to others, vandalism, and other inappropriate behavior while under the influence of alcohol.

For more information regarding alcohol policies at Lynn University, please refer to the Community Polices as well as the Drug-Free Schools and Communities Act annual notification.

3. Computer and network misuse. Examples of prohibited conduct include, but are not limited to:

a. Theft or misusing computer facilities and resources, including sending obscene or abusive messages, interfering with the work of another individual, or interfering with the normal operation of the University’s computing system and/or network;

b. Using, copying, accessing, reviewing, revising, and/or transferring an electronic file, without authorization, for any purpose;

c. Using another individual’s identification and/or password, for any purpose;

d. Using computing facilities and resources in the act of committing any other violation of University policy; and

e. Any other violation of the Lynn University Information Technology policies, as found in the community polices and the student policies sections of the Lynn University Policies.

4. Dangerous materials. Examples of prohibited conduct include, but are not limited to:

a. Possessing, storing, and/or using fireworks, combustible materials (i.e., lighter fluid, propane and other dangerous chemicals), any item or combination of items when combined could create an explosive device, or other dangerous items or substances, anywhere on Lynn University property;

b. Possessing, storing, and/or using any firearms or weapon, as well as any type of ammunition, anywhere on Lynn University property. This includes but is not limited to rifles, shotguns, machine guns, semi-automatic rifles, B.B. guns, dart guns, pellet guns, airsoft guns, paintball guns, and other firearms; stilettos, razors, and other knives capable of inflicting harm; tasers; slingshots; and other items which are designed to resemble a weapon or firearm. Tools required for engagement in a university sponsored academic course in which a student is currently enrolled would be permitted, specifically precision art knives and scalpels. Please refer to the university’s Weapons and Dangerous Instruments Policy for additional information;

c. Using non-lethal defense weapons, such as pepper spray, inappropriately. These items may only be used for their intended purpose; and

d. Using any item, even if legally possessed, in a manner that harms, threatens, or causes reasonable concern to others.

5. Disruptive behavior. Examples of prohibited conduct include, but are not limited to:

a. Engaging in behaviors which are lewd, disorderly, or indecent;

b. Breaching the peace, and/or aiding, abetting, or procuring another person to breach the peace on university premises or at functions sponsored by, or participated in by the university;

c. Behaving in a manner which disrupts the regular operations of the university, any university activity, or effective carrying out of one’s work, whether on or off campus. This may include causing a repeated or severe disruption within the classroom, demeaning behavior towards, and/or blatant disregard for the reasonable authority of a Campus Safety Officer, faculty/staff member, or other university official;

d. Obstructing the free flow of pedestrian or vehicular traffic on university premises or at sponsored or supervised functions;

e. Obstructing access to any building or facility on university premises;

f. Inciting to action or participating in unauthorized activities resulting in destruction to or damage of property;

g. Infringing upon the rights of others or actions that prejudice the maintenance of public order;

h. Climbing or scaling the exterior of any university building;

i. Exhibiting public nudity or other inappropriate sexual related conduct.

6. Dress code- failing to wear appropriate upper and lower garments and footwear at all times on campus, particularly in public areas of campus, but with the exception of private locations such as bedrooms and bathrooms.

7. Drugs. Examples of prohibited conduct include, but are not limited to:

a. Possessing, using, sharing, distributing, purchasing, obtaining, selling, or manufacturing any substance that is prohibited by state or federal law;

b. Possessing, using, sharing, distributing, purchasing, obtaining, selling, or manufacturing any controlled substance except as expressly permitted by state or federal law;

c. Possessing, using, sharing, distributing, purchasing, obtaining, selling, or manufacturing products on campus that contain any form of cannabis or any concentration of tetrahydrocannabinol (THC), including cannabidiol (CBD) and other hemp products, provided that the use of the product involves or could involve ingesting, inhaling, or consuming in any other manner with the intent to cause intoxication. The only such products that are permitted on campus are hemp-derived cannabidiol (CBD) products with less than .3% THC by weight, that do not cause intoxication when ingested, and are clearly labeled and packaged in compliance with section 581.217 of the Florida Statutes;

d. Illegally or inappropriately using any substances with the intention to cause intoxication or hallucinations;

e. Possessing any and all types of drug related paraphernalia, equipment, products, or materials of any kind which are known to be used, intended for use, or designed for using, selling, manipulating, or manufacturing drugs;

f. Abusing or misusing one’s own prescribed drugs; and

g. Being in the presence or in the vicinity of drugs, drug paraphernalia, or drug use (i.e., being in the same room or automobile).

Note that the State of Florida’s Compassionate Medical Cannabis Act does not change the university’s prohibition regarding the possession, use, provision of, or sale of cannabis or otherwise authorize individuals to use medical cannabis on campus. Federal law, including the Drug Free Schools Act, continues to prohibit cannabis. Thus, cannabis possession or use, even if in compliance with the Compassionate Medical Cannabis Act, is prohibited on campus.

For more information regarding drug policies at Lynn University, please refer to the Community Polices of the Lynn University Policies as well as the Drug-Free Schools and Communities Act annual notification.

8. Failure to comply - It is a violation to ignore, disobey, disregard, or otherwise violate any reasonable directive. Examples of prohibited conduct include, but are not limited to:

a. Failing to comply with the directive of any paraprofessional (resident assistant or community assistant), professional faculty/staff member, university official, or Campus Safety officer;

b. Failing to accurately identify oneself or present appropriate identification when requested to do so by any paraprofessional, professional faculty/staff member, university official, or Campus Safety officer (students must have a Lynn University Identification Card in their possession at all times and must surrender the ID upon request from any University staff, faculty, or administrator);

c. Failing to comply with the directions of any law enforcement officer acting within the performance of his/her duties, including failing to accurately identify oneself or present appropriate identification when requested to do so; and

d. Failing to comply with the terms of any Lynn University Agreement, policy, procedure, or contract.

9. Fire safety. Examples of prohibited conduct include, but are not limited to:

a. Engaging in arson, or otherwise participating in, causing, setting fire, or attempting to do the same to any university or personal property;

b. Tampering with, misusing, damaging, removing, interfering with, or unnecessarily activating fire and safety equipment, including but not limited to fire extinguishers, smoke detectors, fire alarm, exit signs, emergency lighting, heat sensors, and hoses;

c. Creating a fire hazard, including possessing or using fire hazards on university property (such as candles, incense, and halogen lamps), using/possessing any unauthorized flammable material, extension cords (UL approved power strips in good condition, which are not frayed or cut, with a fuse or breaker are permitted), or any appliance or item with a heating element (see the Housing and Residence Life Regulations for a list of approved items for the residence halls);

d. Obstructing fire escape routes, such as hallways, stairwells, access points to a building, or any emergency exit;

e. Propping open of stairwell and/or exterior doors; and

f. Failing to immediately exit any impacted facility or building during an active alarm, disobeying a command by any university official in connection with a fire, alarm, or other safety or security matter, or hindering or impairing the orderly evacuation during an alarm. During all fire alarms, everyone is mandated to immediately vacate the impacted building. Each person is expected to remain at a safe location until a university official provides further instruction.

10. Gambling - playing or engaging in any non-university sponsored gambling activity while on university property. Please refer to the Community Polices of the Lynn University Policies for more information regarding gambling at Lynn University.

11. Harmful behavior - Acts that cause harm to any individual are contrary to the educational mission and values of the university. In addition, behaviors that threaten or endanger the health and/or safety of oneself or others are contrary to the character of a learning environment. Mere words alone are not a justification for engaging in violence or harmful behavior, as students are expected to withdraw themselves from provoking situations, when possible. Examples of prohibited conduct include, but are not limited to:

a. Impeding on another person’s physical space in an aggressive and/or violent manner, such as abuse or assault. This includes initiating physical contact or retaliating to physical contact through any type of unwanted touching or striking of another person;

b. Threatening or otherwise intentionally placing another person in reasonable fear of being physically harmed;

c. Driving or operating a vehicle while under the influence of alcohol or any other controlled, illegal, or mind-altering substance;

d. Physically abusing or causing cruel treatment to an animal;

e. Harassing another person by engaging in a pattern of unwanted inappropriate pursuit or hostile actions directed at a specific person, which would cause substantial emotional distress and/or disruption to a reasonable person, and serves no legitimate purpose. The behavior must be sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit the individual’s ability to participate in or benefit from the university’s programs or activities. This includes, but is not limited to, stalking;

f. Intentionally or recklessly causing physical harm, a safety hazard, or endangering the health or safety of others;

g. Failing to abide by reasonable directives offered by professional staff with respect to caring for one’s own mental and physical wellbeing. When circumstances arise that prohibit a student from appropriately assessing or attending to his or her own welfare, the student is strongly encouraged to seek counseling and support within the appropriate University offices and adhere to the directives given by the professional(s); and

h. Discriminatory behavior directed at a specific person or group because of their actual or perceived race, color, ethnicity, culture, religion, sex, sexual orientation, sexual identity, gender, gender expression or gender identity, advanced age, national origin, ancestry, citizenship, disability, gender related status, pregnancy, genetic disposition, veteran or military status, marital status, familial status, homeless status, or any other legally protected characteristic in accordance with federal and applicable state law (“protected characteristics”); and which would cause substantial emotional distress and/or disruption to a reasonable person, and serves no legitimate purpose. The behavior must be sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit the individual’s ability to participate in or benefit from the university’s programs or activities.

Note: Please see “sexual and gender-based misconduct” below for additional violations that are based upon an individual’s gender, sex, sexual orientation, sexual identity, gender identity, or gender expression.

12. Hate incidents - committing any violations within this code against an individual or group because of their actual or perceived race, color, ethnicity, culture, religion, sex, sexual orientation, sexual identity, gender, gender expression or gender identity, advanced age, national origin, ancestry, citizenship, disability, gender related status, pregnancy, genetic disposition, veteran or military status, marital status, familial status, homeless status, or any other legally protected characteristic in accordance with federal and applicable state law (“protected characteristics”).

13. Hazing – committing, soliciting a person to commit, or active involvement in the planning of any act which recklessly or intentionally endangers the mental or physical health or safety of an individual, or which destroys or removes public or private property, and upon which the initiation, admission into, affiliation with, continued membership in, or perpetration or furtherance of a tradition or ritual of a group or organization is directly or indirectly conditioned. The willingness or consent of the victim, whether express or implied, will not be a justification. Additionally, it is not a defense that the conduct or activity was not part of an official organizational event, was not otherwise officially sanctioned or approved by the organization, or that the conduct or activity was not done as a condition of membership to an organization. Any student who assists or has knowledge of another member of their organization committing or attempting to commit hazing is required to remove him or herself from the situation immediately and report this behavior to a University official; failure to do so when reasonable under the circumstances may result in that student being found responsible for the same violation(s). Examples of prohibited conduct include, but are not limited to:

a. Pressuring or coercing an individual into violating state or federal law;

b. Causing brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of an individual; and

c. Encouraging any activity that could subject an individual to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of an individual.

Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective. For more information regarding hazing and Section 1006.63(1) of the Florida statutes, please visit: http://www.flsenate.gov/statutes.

14. Obstruction of the Student Conduct process - engaging or participating in abuse of the student conduct procedures, including the Sexual Harassment (Title IX) Policy. Examples of prohibited conduct include, but are not limited to:

a. Falsifying or misrepresenting information, including any relevant omission of fact, untruthfulness, falsification, or misrepresentation, presented at any point during a conduct process;

b. Obstructing, disrupting, or interfering with the orderly process of a conduct meeting;

c. Instituting a conduct complaint knowingly without cause, or intentionally initiating a false report/complaint;

d. Attempting to discourage an individual's proper participation in, or use of, the student conduct process, or influencing or attempting to influence another person to commit an abuse of the student conduct process;

e. Attempting to influence the impartiality of any witness or individual participating in or submitting a statement for a conduct case or investigation, whether prior to, during, or after the conduct meeting;

f. Failing to complete and/or comply with the specified guidelines of any assigned conduct sanctions; and

g. Retaliating[1], or otherwise engaging in an adverse action or threat of an adverse action, against a complainant, respondent, witness, or any individual or group of individuals believed to be involved in the complaint, investigation, and/or resolution of an allegation of a violation of University policy, including when in an attempt to prevent or otherwise obstruct the reporting of such misconduct or participating in the conduct or investigation process. Retaliation can be committed by an individual or group of individuals, not just a complainant or respondent. Retaliation can take many forms including threats, intimidation, pressuring, harassment, violence, or other forms of harm to others. The prohibition of actual or threatened retaliation applies to employees and third parties as well as students.

15. Sexual and gender-based misconduct[2] - Lynn University prohibits all forms of sexual and gender-based misconduct. Examples of prohibited conduct include, but are not limited to:

a. Aiding or facilitating sexual or gender-based misconduct - promoting, aiding, facilitating or encouraging the commission of any behavior prohibited under this sexual and gender-based misconduct section of the Student Code of Conduct.

b. Sexual harassment: For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, other verbal, visual or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence or other offensive behavior directed toward an individual because of or on account of the individual’s sex, whether by a person of the opposite or same gender, when either:

• Submission to, rejection, or toleration of such conduct is made explicitly or implicitly a term or condition of an individual’s employment, education (i.e., grades), living environment, or participation in a Lynn University program or activity; or
• Submission to, rejection, or toleration of such conduct is used as a basis for or a factor in decisions affecting that individual’s employment, education, living environment or participation in a Lynn University program or activity; or
• Such conduct creates a hostile environment (see hostile environment harassment).

c. Hostile environment harassment: For purposes of the policy, hostile environment harassment is defined as the unlawful harassment against an individual on the basis of his or her sex, or gender- related status when the conduct is either:

• Sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit the individual’s ability to participate in or benefit from the university’s programs or activities; or
• The conduct has the purpose or effect of unreasonably interfering with an individual’s employment or education.

The determination of whether an environment is “hostile” must be based on all of the circumstances, giving consideration to whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered:

• The degree to which the conduct affected one or more students’ education or individual’s employment;
• The nature, scope, frequency, duration, severity, and location of incident or incidents; and
• The identity, number, and relationships of persons involved.

A single or isolated incident of Hostile Environment Harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to provide a hostile environment, particularly if the harassment is physical in nature.

Forms of sexual harassment or gender-based hostile environment harassment: sexual harassment or hostile environment harassment based on one’s sex or gender-related status may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or gender-related status, even if the acts do not involve conduct of a sexual nature. In either type of harassment, the effect will be evaluated based on the standard of a reasonable person in the position of the complainant. Sexual harassment or hostile environment harassment can take many forms:

• It may be blatant and intentional and involve an overt action, a threat or reprisal, or may be subtle and indirect, with a coercive aspect that is unstated.
• It does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.
• It may be committed by anyone, regardless of gender, age, position, or authority. While there is often a power differential between two persons, perhaps due to differences in age, social, educational, or employment relationships (e.g., supervisor to subordinate, faculty member to student, coach to student-athlete, student leader to first year student), harassment can occur in any context and between persons of equal power status (e.g., student to student, staff to staff, faculty member to faculty member, visitor/contracted employee to staff).
• It may be committed by a stranger, an acquaintance, or someone with whom the complainant has an intimate or sexual relationship.
• It may be committed by or against an individual or may be a result of the actions of an organization or group.
• It may occur by or against an individual of any sex, gender identity, gender expression, or sexual orientation.
• It may occur in the classroom, in the workplace, in residential settings, over electronic media (including the internet, telephone, and text), or in any other setting.
• It may be a direct proposition of a sexual nature.
• It may be a one-time event or part of a pattern of behavior.
• It may be committed in the presence of others or when the parties are alone.
• It may affect the complainant and/or third parties who witness or observe harassment.

Examples of behavior that might be considered sexual or hostile environment harassment include, but are not limited to:

• Threats, either directly or by implication, of adverse employment or academic action if sexual favors are not granted or punishing, either directly or by implication, for refusing to tolerate harassment, for refusing to submit to sexual activity, or for reporting harassment;
• Promising favorable treatment or continued employment in return for sexual favors;
• Change of academic or employment responsibilities (increase in difficulty or decrease of responsibility) based on sex or gender-related status;
• Unwanted, unnecessary and objectively inappropriate physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing, or brushing against an individual’s body;
• Sexual assault;
• Physical coercion or pressure of an individual to engage in sexual activity or punishment for a refusal to respond or comply with sexual advances;
• Display or distribution of pornographic material or sexual explicit drawings, pictures, or written materials;
• Sexual rumors or ratings of sexual activity/performance or the circulation, display, or creation of e-mails or websites of a sexual nature;
• Excessively offensive remarks, including unwelcome graphic or suggestive comments about an individual’s body, appearance or dress,
• Jokes and humor about sex or gender-specific traits;
• Inappropriate use of sexually explicit or offensive language or derogatory language directed at another person’s sexuality, gender, gender identity, sexual orientation or gender expression;
• Insults and threats based on sex, gender, gender identity, sexual orientation or gender expression;
• The display in the workplace of sexually suggestive objects or pictures which create an intimidating or hostile work environment;
• The display or circulation of written materials or pictures degrading to an individual(s) or gender group where such display is not directly related to an educational/pedagogical, artistic, or work goal;
• Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping. Harassment for exhibiting what is perceived as stereotypical characteristic for one’s sex, or for failing to conform to stereotypical notions of masculinity and femininity, regardless of actual or perceived gender related status of the harasser or her/his/their target;
• Abusive, disruptive or harassing behavior, whether verbal or physical, which endangers another's mental or physical health, including but not limited to threats, acts of violence, or assault based on gender related status and/or in the context of intimate partner violence;
• Other unwelcome and unwanted conduct of a sexual nature, such as leering, name calling, suggestive comments and sexual propositions or innuendos and other oral, written or electronic communications of a sexual nature that an individual communicates is unwanted and unwelcome

d. Sexual violence - For purposes of the policy, sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because of an intellectual or another disability that prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse and sexual coercion. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

1. Sexual assault: Sexual assault is defined by this policy to include:

a. Non-consensual sexual contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined in this policy) and/or by threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.

b. Non-consensual sexual intercourse (rape): Any sexual penetration or copulation, however slight and with any object or body part that is without consent and/or by force or coercion. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.

The above definition will be used in determining whether a respondent has violated this policy.

2. Sexual coercion: the improper use of unreasonable and persistent pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. Coercion may be emotional, intellectual, psychological or moral. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.

3. Force: the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity.

e. Domestic violence: Domestic violence is defined as felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

f. Dating violence: Dating violence is defined as violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

g. Stalking: For purpose of this policy, “stalking” is defined as engaging in a course of conduct (e.g., repeatedly following, harassing, threatening or intimidating another by telephone, mail, electronic communication, social media, or any other action, device or method) directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others; or (b) suffer other emotional distress.

The university also considers Stalking to include the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.

Examples of stalking include:

• Unwelcome and repeated visual or physical proximity to a person;
• Repeated oral or written threats;
• Unwelcome/unsolicited written communication, including letters, cards, emails, instant
  messages, and messages on on-line bulletin boards;
• Unwelcome/unsolicited communications about a person, their family, friends, or co- workers;
• Sending/posting unwelcome and/or unsolicited messages with another username;
• Implicitly threatening physical conduct or any combination of these behaviors directed toward an individual person.

Stalking in the State of Florida is defined as the willful, malicious and repeated following or harassing of a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress; or an aggravated stalking, which means the willful, malicious and repeated following or harassing another with credible threats with the intent to place that person in reasonable fear of death or bodily injury; or willfully, maliciously, repeatedly following or harassing a minor under age 16; or after injunction for protection or any court-imposed prohibition of conduct, knowingly, willfully, maliciously and repeatedly follows or harasses another person. Florida law enforcement agencies will utilize this definition in determining whether to pursue criminal stalking charges.

h. Sexual exploitation: Sexual exploitation is defined as an act or omission to act that involves a member of the Lynn University community taking non-consensual, unjust, humiliating, or abusive sexual advantage of another, either for the individual’s own advantage or to benefit anyone other than the one being exploited. Examples of sexual exploitation include but are not limited to the following:

• Creating pictures, movies, web cam, tape recording, graphic written narrative or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent;
• Sharing items described in the paragraph above, beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
• Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person;
• “Peeping tom”/voyeuristic behaviors;
• Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior;
• Engaging in or attempting to engage others in illegal “escort services” or illegal “dating services” which include or encourage in any way sexual behavior in exchange for money;
• Surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; and
• Causing another person to be exposed to pornographic material without the person’s advance knowledge or consent

i. Violation of the university’s Sexual harassment (Title IX) policy - any violation contained within the Lynn University Sexual harassment (Title IX) policy.

16. Smoking - Smoking and tobacco use are prohibited in all facilities and vehicles owned or leased by Lynn University, as well as on the grounds of any property owned or leased by the university, except by individuals that are 21 years of age or older and in the designated smoking area. The only smoking devices and simulated smoking devices that may be stored in one’s possession while on campus are e-cigarettes and vapes. All other smoking devices, simulated smoking devices, and related paraphernalia are prohibited.

17. Tampering with property - tampering with any public or private property other than that belonging to one’s self. Examples of prohibited conduct include, but are not limited to:

a. Stealing, illegally possessing, removing, misusing, destroying, damaging, and/or causing harm to any property;

b. Knowingly possessing stolen property or unauthorized possession, intentional taking, or use of university or another individual’s property.

c. Hanging objects from windows, hallways, stairwells, balconies, or placing objects on the ledge outside of windows, while on campus property; and

Theft of personal property should be reported immediately to the Office of Campus Safety. Although the university takes normal precautions to safeguard property, the university is not responsible for loss or damage to students’ property. It is strongly recommended that students securely lock their valuables and obtain insurance coverage for all items of personal property.

18. Unauthorized entry or access. Examples of prohibited conduct include, but are not limited to:

a. Entering campus property and/or a restricted room, space, or building on university property without authorization, and/or entering through a restricted area (such as climbing a fence, locked gate, or through a window);

b. Using, possessing, or duplicating keys or another form of access (such as via ID card) to any university premises without authorization;

c. Trespassing or soliciting. Individuals who are not authorized, licensed, or invited to enter a Lynn University residential area are subject to civil arrest for trespassing. Unauthorized soliciting is not permitted anywhere on Lynn property; and

d. Knowingly hosting persons that are restricted from campus or under a trespass notice.

19. Unauthorized recording. Examples of prohibited conduct include, but are not limited to:

a. Using an electronic or other audio or video recording-capable device (including a mobile telephone) to photograph or record any person without his/her prior knowledge, or without his/her effective consent, when the person or persons being recorded have a reasonable expectation of privacy, and/or when such recording would likely cause a reasonable person harm or substantial emotional distress;

b. Distributing and/or transmitting private photographs or recordings of any person without express permission, including photographs/recordings taken without the subject’s knowledge;

c. Possessing concealed or hidden camera devices on campus; and

d. Photographing or videoing confidential or sensitive university information, including recording meetings with university officials without express permission.

Please refer to the community policies of the Lynn University policies for more information regarding recording individuals on campus, as well as the university’s photography policy .

20. Violation of any federal, state or local law – engaging in any behavior that would be a violation of any municipal or county ordinance, any law, regulation, or requirement of the State of Florida, the United States, or when in another state or country, that state or country. Therefore, any student charged with a criminal offense may become the subject of a Student Code of Conduct complaint.** Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change when criminal charges arising out of the same facts were dismissed, reduced, or resolved in favor of or against the criminal defendant.

Students are responsible for notifying the Dean of Students of any on or off-campus arrest within five (5) business days. When the Dean of Students is informed of the arrest of a student, the university will send a letter to the student requiring that the student make an appointment with the Dean of Students, or designee. During this meeting, the facts involved in the student’s arrest, the student’s obligation to keep the university informed of the progress of the criminal charge(s), and the student’s obligation to advise the university of the final disposition of the criminal charge(s) will be discussed with the student.

Conduct Review proceedings are independent of criminal court processes and may be carried out prior to, or simultaneous with, any off-campus criminal proceedings. The alleged violation of local, state, or federal law is a serious violation of the Student Code of Conduct and may necessitate interim action from the university while the conduct case is pending.

21. Violation of any other university policy - violating any other University policy, agreement, contract, or regulation, including those contained within the Lynn University policies, the Academic Catalog, or any other policy or regulation promulgated by the university.

The conduct review process and these procedures, including rights and responsibilities, apply in all cases of alleged violations of university policies and regulations by all students, except where a provision is specifically made for using another procedure– e.g., Sexual harassment (Title IX) policy and academic dishonesty (see the current Academic Catalog). This section describes shared expectations for behavior while offering procedural fairness to all students documented for allegedly violating established standards of conduct within the Lynn University community. The goal of the University is to complete any resolution within approximately 60 business days from receipt of the formal complaint.

The conduct review procedures are not intended to mirror those proceedings that are applied in criminal or civil court; while police reports are accepted as information, formal rules of evidence, process, and/or procedure do not apply in the Conduct Review Process. Deviations from prescribed procedures shall not necessarily invalidate a decision or proceeding, unless significant prejudice to a respondent or alleged victim/complainant may result. All procedural questions are subject to the final decision of the Student Conduct Officer.

Throughout the process, all participants are expected to be honest and forthcoming, and to share relevant information to assist the Student Conduct Officer in the decision making process.

Please note that any alleged violations of the Sexual Harassment (Title IX) Policy will follow the process and procedures described within that policy.

1. Reporting complaints

a. Submitting a complaint

An individual may file a written complaint against a Lynn University student for an alleged violation(s) of the Student Code of Conduct by contacting the Department of Campus Safety and/or the Dean of Students. Reports of sexual harassment may also be made to the Office of the Title IX Coordinator. For additional reporting options related to complaints of sexual or gender-based misconduct, please see the university’s Title IX webpage, as well as the Sexual harassment (Title IX) policy.

Complaints should be submitted as soon as possible after the event takes place, preferably within twenty-four (24) hours of the incident. Please see the section regarding Jurisdiction of the Student Code of Conduct for more information regarding the timing of reports.

b. Anonymous reports and requests for confidentiality

Students against whom an allegation has been made (respondents) have the right to review the reports made against them. Reports can be made anonymously, although reporting anonymously may limit the university's ability to investigate and respond to the incident. Requests for confidentiality can be made by witnesses or complainants, but may not always be honored. These requests are considered when reasonable cause exists to believe that the safety or emotional welfare of any individual is of concern. The request will be subject to the approval of the Chief Conduct Officer. If approved, such statements from a confidential witness or complainant will be redacted. Redacted statements that are included in a case file will be available for review by the respondent.

2. Response to reports

Following receipt of a complaint, an investigation may be conducted in order to obtain additional information before determining if the allegation has merit.

Upon receipt of the complaint, or following the conclusion of an investigation, the designated university administrator will review the report, evaluate the information, and determine the next appropriate actions.

At any point, and if appropriate, the Student Conduct Officer may determine that the matter can be resolved by mutual consent of the parties involved, such as through mediation or another form of conflict resolution. Additionally, even if the situation may not appear to be a violation, the university may still respond without formal conduct charges. For example, the student may be required to meet with a staff member to discuss the situation through an educational conversation.

Otherwise, the conduct review process may proceed in any manner as outlined below.

3. Interim action

The Vice President for Student Affairs, or designee, may decide to impose interim actions on a student at any point following the receipt of a complaint and prior to the final resolution of the conduct case. Not all cases will involve interim action. The decision to take interim action will be based on whether the allegation of misconduct is apparently reliable and whether the continued presence of the student on the university campus reasonably poses a threat, disruption, or interference to the health, safety, well-being, or property of any individual(s), including the student; or of any university operation, function, or property. Depending on the reported behavior and information available at the time, the interim action may modify or suspend the right of a student to be present on campus or to attend classes for an interim period.

Interim actions may include interim suspension, which is suspending the respondent’s right to be present on campus property and attend classes, or other more limited interim restrictions, such as modifying or restricting access to particular building(s) or residence hall(s), to attend particular classes or internships, and/or to access or participate in any other university activities or other privileges. For a student organization, this may include suspending the organization’s ability to conduct business, hold events, or participate in new member recruitment or development. Interim action may include any number of restrictions, and is not limited to the provided examples.

The decision to modify or suspend the rights of a student for an interim period will be communicated in writing to the student, and will become effective immediately. Notification will either be hand delivered, sent by certified mail, and/or sent via Lynn university email. Failure or refusal to take receipt of the notification will not negate or postpone the interim action. Reasonable attempts will be made to speak with the student prior to imposing interim action.

The Vice President for Student Affairs, or designee, may decide to modify or lift the interim action at any time, or put conditions in place for the respondent to comply with. Otherwise, a student who is suspended or has had his/her privileges modified for an interim period will be provided an opportunity to respond to the allegations of misconduct through a conduct review meeting scheduled as soon as is practical following the effective date of the interim suspension or action. The interim suspension or modified privileges will remain in effect until the completion of the conduct review process, or until a final decision has otherwise been made on the pending complaint, or until the Vice President for Student Affairs, or designee, determines that the reason for imposing the interim suspension or modification of privileges no longer exists and the student receives written notice that the interim action is no longer applicable.

4. Amnesty

As partners with the university in promoting health and safety, all students have a responsibility and obligation to seek immediate assistance for any student known to be experiencing a serious health crisis, including one resulting from high risk drinking, the abuse of other drugs, or hazing. The complete alcohol and drug prevention program may be found in the community polices of the Lynn University policies.

As such, students who seek immediate assistance on behalf of a peer and are themselves under the influence of alcohol or drugs, or were involved in an incident of hazing, may not receive a code of conduct violation for this action. Additionally, the student who is the subject of the drug and/or alcohol and/or hazing related crisis may not receive a code of conduct violation for this action. In order for the amnesty process to apply, such students need to seek assistance immediately by contacting Campus Safety, getting help from a Housing and Residence Life staff member, or by calling 911. After the crisis is resolved the involved student(s) will be referred for one or more educational assignments, which they will be required to complete in order to maintain eligibility for resolution through this amnesty process. The substance abuse prevention and treatment specialist or another professional will meet with the student(s) and will provide further assessment, substance abuse education, counseling, recommendations, and/or referral as applicable to each individual student’s need. If a student does not comply with their amnesty assignments, the case will be resolved through the conduct review process with the likelihood of receiving a code of conduct violation.

It is the university’s intention to partner with students in promoting health and safety. The university will provide students with the assistance needed to respond to high risk drinking, other drug abuse, and hazing. Students may seek such assistance by contacting the Dean of Students at 561-237-7230.

5. Notice of conduct allegations

If there is sufficient evidence to formally allege a violation of the Student Code of Conduct, the case will be assigned to a Student Conduct Officer. Written notice of the allegation(s), as well as a scheduled date for a conduct review meeting, shall be sent to the respondent via their Lynn University email address, as well as to the impacted party, if applicable. The notice shall state the specific policy that the student is alleged to have violated, including the time, date, and place of the occurrence (if known). When a student is notified that he or she is a subject of a Student Code of Conduct complaint, that student is expected to attend and participate in the conduct review meeting at the date and time stated in the written notice.

6. Conduct review meeting

All students that are alleged to have violated the Student Code of Conduct will be scheduled to attend a conduct review meeting. The conduct review meeting will be held at the time, date, and place indicated in the letter(s) sent to the student by the Student Conduct Officer.

During the initial conduct review meeting the respondent shall be afforded reasonable access to review the case file, which includes the complaint/report and any supplemental information. The report will be reviewed, the incident discussed, and the respondent will have the opportunity to either accept responsibility for committing the alleged violation(s), or to contest the alleged violation(s). The Student Conduct Officer will discuss the process and procedures for the resolution of the conduct matter. When applicable, a separate initial conduct review meeting will also be scheduled with the impacted party.

The admission of any additional person to a conduct review meeting will be at the sole discretion of the Student Conduct Officer.

7. Options for resolution of conduct allegations

The method for resolving a conduct case will be determined by the Student Conduct Officer. While most cases will be resolved through the conduct review meeting or through a conduct review hearing, additional forms of alternative resolution exist, and resolution options are not limited to those prescribed below.

a. Conduct Review Meeting

If the Student Conduct Officer determines after the initial conduct review meeting that there is no need for a conduct review hearing, then the Conduct Officer will make a determination regarding the findings and sanctions, if applicable. The Conduct Officer also reserves the right to request and review additional evidence and witness statements prior to making any decisions. In some circumstances, more than one conduct review meeting will be necessary before making a decision.

A case may typically be resolved via a conduct review meeting if the case meets the following criteria:

• the respondent is accepting responsibility for the alleged violation(s) or
• the respondent is disputing the alleged violation(s) but there is no need for the Conduct Officer to personally question any additional witnesses; and
• the possible outcomes for the respondent, if found responsible, do not include suspension or expulsion.

b. Conduct review meeting with a partnered approach for student organizations

For student organizations, a partnered approach may be offered during the conduct review meeting if the organization has accepted responsibility for the alleged violation and the potential outcome would not result in the organization’s separation from the institution. This method of resolution is intended to encourage and support the organization’s internal accountability, collaboration between multiple vested entities, and shared responsibility for the education and success of the organization.

The organization that opts to pursue a resolution through this route will be expected to complete and submit the results of a full internal investigation, provide documentation showcasing action steps that have been taken to respond to the incident, and submit the plans that the organization has made to implement longer term education to avoid similar incidents in the future, which will be provided to the Conduct Officer. This information may be taken into consideration by the Conduct Officer when deciding the outcome and potential sanctions.

c. Conduct review hearing

A student may be informed during their initial conduct review meeting that the proper method for resolution is through a conduct review hearing. A conduct review hearing is typically scheduled to resolve a case for the following reasons:

• the respondent is disputing the alleged violation(s) and
• the Conduct Officer intends to personally ask questions of one or more witnesses; and/or
• the possible outcomes for the respondent, if found responsible, include suspension and/or expulsion.

A conduct review hearing is a formal meeting between the respondent and the Conduct Officer. The hearing is scheduled for the purpose of reviewing all available and relevant information in order for the Conduct Officer to make a decision in the case. The conduct review hearing itself is not an adversarial process, but a formal inquiry which takes the form of a one-on-one conversation. The hearing is an opportunity for the respondent to discuss the relevant information and details pertaining to the incident, and to articulate why they are or are not accepting responsibility for the alleged violation.

In order to review all pertinent information regarding the incident and to make an appropriate decision, the Conduct Officer may request additional evidence, statements, and/or call any relevant witnesses to participate in the Hearing. If an impacted party, complainant, or witness(es) participates in a hearing, they will have the opportunity to present their perspective, and to answer questions of the Conduct Officer, the respondent, and the impacted party, if applicable.

During a hearing, all participants are expected to be honest and forthcoming, and to share relevant information to assist the Conduct Officer in the decision making process. The Conduct Officer’s role is to determine whether there is a preponderance of information (more likely than not) to find the respondent responsible or not responsible for the alleged violation and, if found responsible, to determine appropriate sanctions.

The admission of any person to any conduct review hearing will be at the discretion of the Conduct Officer.

d. Alternative conflict resolution

Alternative conflict resolution will not be an option for all cases. Depending on the nature and severity of the alleged violation, the Conduct Officer may select a form of conflict resolution to be utilized in addition to or as an alternative to a conduct review meeting or hearing. Conflict resolution options vary, and may require the agreement of the involved parties. Common forms of conflict resolution include mediation, restorative justice, shuttle diplomacy, conflict coaching, and facilitated dialogues. However, if a matter is not successfully resolved through a form of conflict resolution, the case may be referred back to the Conduct Officer for resolution through another method.

8. Guidelines

The following conduct review guidelines, including student rights and responsibilities, apply to all respondents when they have been alleged to have committed a violation of the Student Code of Conduct. Additionally, these items also apply to any complainants that are also considered to be impacted parties (as is defined in this Student Code of Conduct). The conduct review guidelines, rights, and responsibilities include the following:

a. Notification: Students will receive written notifications regarding their conduct case at their official Lynn University email address, but may also or alternatively receive notification at their local or permanent mailing address on record with the Registrar’s Office, and/or hand delivered by a university official. For student organizations, this notice will be sent to the last known president of the organization (as reflected in the Center for Student Involvement’s records) via that president’s official Lynn University email address, local or permanent address, or hand delivered. It is the student’s responsibility to check their university email account regularly.

b. Case file: Students will be afforded reasonable access to review the information in the case file and to learn about the Student Code of Conduct resolution process and procedures at a conduct review meeting with a Student Conduct Officer. The student may also request an additional appointment to review the case file in person; such appointments must be requested at least one (1) business day in advance. Failure to attend a meeting and/or review the case file will not delay or affect the validity of the proceedings.

c. Opportunity to respond: Students will be given an opportunity to respond to the allegation(s) at an initial conduct review meeting, or if appropriate, at a conduct review hearing. Failure of the student to appear at a meeting or hearing will not delay or affect the validity of the proceeding(s). In such event, the Student Conduct Officer designated to review or hear the case may conduct the meeting in the absence of the student and make a decision, provided notice of the allegation(s) has been delivered.

d. Evidence and witnesses: Pertinent evidence may be accepted as information for consideration at the discretion of the Student Conduct Officer, including but not limited to records, documents, police reports, video footage, exhibits, photos, and written statements. The applicability and weight of such evidence is determined at the sole discretion of the Conduct Officer. In those cases being resolved by a conduct review hearing, students will have the opportunity to submit additional relevant material evidence and request witnesses.

The submission of evidence and the written request for any witnesses to participate must be submitted by the deadline as set by the Conduct Officer, and then is subject to approval for relevance by the Conduct Officer. No information or witnesses will be accepted after the deadline except upon approval from the Chief Conduct Officer or, designee. Information may be presented for the first time at a conduct review meeting or hearing at the discretion of the Chief Conduct Officer or designee. This timeline is subject to change by the Chief Conduct Officer or designee, as long as it is the same for both the respondent and the impacted party.

Witnesses must have relevant, first-hand knowledge of the alleged incident. Character witnesses are not able to participate in the conduct review process, but they may submit a written statement. Likewise, the Conduct Officer may call upon any other relevant individual(s) to participate as a witness. When the Conduct Officer contacts a student to participate as a witness, the student is expected to attend and participate in the process, including attending any meeting(s) and hearing(s) at the date and time stated in the written notice. Any witnesses are subject to questioning by the Conduct Officer, and may be questioned separately from student(s) involved in the alleged violation, if appropriate.

The impacted party and respondent will have equal access to the evidence presented in the case, and will be able to submit relevant questions to be asked of one another and of the witnesses, at the discretion of the Conduct Officer. Questioning will typically be conducted by the Conduct Officer, rather than to the witness directly. This method is used to preserve the educational nature of the hearing and to avoid creating an adversarial environment.

All students that participate in a conduct review process, including respondents, complainants, and witnesses, are expected to be honest and truthful throughout the process (please see “obstruction of the student conduct process” under the “prohibited conduct” section for more information).

e. Privacy and participation: All conduct review proceedings are private and closed to everyone except the involved persons (i.e., the accused student, alleged victim or complainant, advisors, and those witnesses invited by the Conduct Review Officer), unless otherwise approved by the Chief Conduct Officer. Students may participate from another location with the use of technology, or with a divider screen between the alleged victim/complainant and the respondent.

f. Failure to appear: Failure to attend a scheduled conduct review meeting or hearing may result in a decision being made in the absence of the student. If a respondent does not attend, the information in support of the charges shall be presented and considered even if the respondent is not present. Likewise, the student that does appear shall not be compelled against his/her wishes to answer any questions during the meeting or hearing. The decision being made will be based on the information and testimony that is presented.

Failure of the respondent or student witness(es) to report to the conduct review meeting(s) or hearing after reasonable notice may be considered a separate violation of the Student Code of Conduct. In addition, a conduct meeting or hearing may take place without an involved individual being present if proper notice has already been delivered and the individual does not attend.

g. Recording: The Student Conduct Officer may use a recording device for record keeping purposes during any or all conduct review meetings and hearings. However, recording failures that occur notwithstanding good faith attempts will not delay or affect the validity of the proceedings. All recordings shall remain the property of the university. No individual other than the Conduct Officer may record any meetings or other portion(s) of the process.

h. Group meetings: In cases involving more than one respondent or impacted party/complainant, either separate or group meetings and hearings may be conducted as deemed appropriate by the Chief Conduct Officer.

i. Advisors: Respondents and impacted parties may be accompanied throughout any conduct proceedings by an advisor of their choice. Any individual may serve as an advisor provided they do not have any other role in the process, such as serving as a witness. This person may be a victim advocate, university staff or faculty member, attorney, friend, family member, or another student.

All conduct proceedings are designed to enhance student responsibility; therefore, all parties are expected to present their own explanation of events. With this philosophy in mind, advisors are not permitted to speak for, represent, appear in lieu of anyone, address any other party, or otherwise actively participate directly in these meetings or proceedings. Advisors may only communicate with the student they are advising by providing advice and support in a manner that is not disruptive, such as through written notes. It is at the student’s own expense and initiative to identify an advisor and make appropriate arrangements for him or her to attend the conduct review meeting or hearing. A student should select as an advisor a person whose schedule allows, as conduct review proceedings will not be delayed to accommodate the availability of any advisor, and failure or inability of the advisor to attend a meeting will not delay or affect the validity of the proceedings.

An advisor’s attempt to participate in a meeting or hearing by speaking, presenting information, or otherwise disrupting is grounds for the advisor being required to leave. In such event, the meeting will continue without the advisor present, and the advisor’s absence will not delay or affect the validity of the proceedings. All communication regarding a conduct case will be directed to the student, and will not be done through the advisor. Additionally, in cases involving an impacted party (see definition of “impacted party”) the university cannot guarantee and is not obligated to provide equal advisory support if one party selects an advisor, such as an attorney, and the other party does not. The university does not provide advisor training nor any list of available advisors. Thus, the university takes no responsibility for the consequences of an advisor’s guidance.

j. Impacted parties: In cases involving an identified impacted party (see definition of “impacted party”), the respondent and the alleged victim have the right to submit a written impact statement to be considered if there is a finding of responsibility. The impacted party has the right to remain present throughout the duration of the respondent’s conduct review hearing. Additionally, particularly with respect to alleged violations of the Sexual and Gender-Based Misconduct Policy, the Conduct Officer will refrain from posing questions about or considering unrelated sexual history with anyone other than the involved parties.

k. Appeal: Students have the right to appeal the outcome of a conduct case one time. Please refer to the appeal process for instructions.

l. Disability: Any student with a university registered disability, as documented by the ADA Specialist, may request reasonable accommodations in order to fully participate in the conduct process by notifying their Student Conduct Officer and providing a copy of their current ADA academic notification form at the earliest opportunity. Existing academic accommodations do not put the institution on notice for the conduct process. Per the Lynn University Disability accommodations (ADAAA) policy, "Persons with disabilities are held to the same standards of conduct as other employees, students, or visitors, and a disability will not excuse misconduct."

m. Interference: Any interference with the conduct review process may result in that individual, and their advisor, being removed from further participation in the process. The process may continue in their absence, and the interference may be considered a separate violation of the Student Code of Conduct.

9. Decision making

In cases involving a respondent that has been alleged to have committed a violation of the Student Code of Conduct, the Student Conduct Officer shall determine whether or not they are responsible for violating any section(s) of the Student Code of Conduct after the conduct review meeting or hearing. The Conduct Officer shall use the preponderance of evidence (more likely than not) standard in all decision-making. Such decisions are typically made within three (3) business days, unless the Conduct Officer determines additional time is needed. The respondent will be notified in writing of the findings. If the student is found responsible for violating the Student Code of Conduct, sanctions will also be imposed. When applicable, the impacted party will receive the same notice simultaneously.

In order to acquire the best information on which to base a decision, the respondent is expected to attend and participate in all conduct review proceedings. All reasonable efforts will be undertaken to encourage all involved student(s) to actively participate, but if all reasonable attempts to contact an involved student have been exhausted, the Conduct Officer may proceed in the student’s absence. If the respondent is subsequently determined to have violated any section of the Student Code of Conduct after failing to attend a conduct review meeting or hearing, any corresponding sanction(s) imposed may become effective immediately and, with the exception of sexual and gender-based misconduct cases, the respondent will not have the right to appeal that decision.

10. Sanctions

One or more sanction (with or without appropriate modifications) may be applied by the Student Conduct Officer to any respondent found responsible for violating the Student Code of Conduct. In almost all cases, the Conduct Officer will select, at minimum, a combination of administrative sanctions and educational sanctions, with an exception for cases resulting in expulsion (typically no educational sanction is assigned in such cases). The sanctions imposed should be fair and proportionate to the violation. In determining appropriate sanctions, the Conduct Officer may also consider any record of past violations of the Student Code of Conduct, as well as the nature and severity of such past violation(s). The Conduct Officer may also consider whether the sanction will bring an end to the violation in question; reasonably prevent a recurrence of a similar violation; and remedy the effects of the violation on any impacted parties.

Any student that fails to comply with their assigned sanction(s) may be subject to suspension from the institution. In such circumstances the suspension will be added to the existing sanctions(s), and there will be no opportunity to dispute or appeal the suspension. All of the other previously assigned sanctions will still remain in effect, unless they are adjusted by the hearing officer, and the student is still required to comply with those sanctions.

a. Administrative sanctions

i. Written warning: A written notice to the involved student expressing disapproval of acts committed.

ii. Disciplinary probation: The disciplinary probation notice informs the student that for a specified period of time, additional violations may lead to enhanced consequences, such as removal from university housing, suspension, or expulsion from the university. Disciplinary probation may also be assigned with specific restrictions, as outlined below. However, in the absence of specifically assigned restrictions, a student’s ability to benefit from certain privileges on campus, such as on-campus employment, study abroad programs, university sponsored travel, and serving in a leadership role on campus, may still be impacted; the impact of disciplinary probation on those privileges will be made by the appropriate office or university official.

iii. Suspension: A suspended student is excluded or removed from the university for a specified period of time, after which the student may be eligible to return. Students suspended from the university may not return to the campus or attend any university-sponsored events for the duration of the suspension. There will be specific conditions for return to the university. Once notice of suspension is given, the student will be given a specific time frame in which to remove all belongings from university housing and vacate the campus. The student may be monitored or escorted during the suspension process. A student suspended from Lynn University will be withdrawn from their currently enrolled courses and is not eligible for a refund of any kind, regardless of the date of the violation.

iv. Expulsion: Expulsion involves permanent separation of the student from the university. An expelled student may not enter the campus or attend any university-sponsored events and is not eligible for return to the university. Once notice of expulsion is given, the student will be given a specific time frame in which to remove all belongings from university housing and vacate the campus. The student may be monitored or escorted during the expulsion process. A student expelled from Lynn University will be withdrawn from their currently enrolled courses and is not eligible for a refund of any kind, regardless of the date of the violation.

b. Restrictions: During a specified or indefinite period of time, a student may be restricted from a particular privilege or aspect of student life within the university community. Examples of such restrictions include, but are not limited to:

• Serving in a leadership role within any university-recognized student club or organization;
• Participating in student activities, student clubs and organizations, intramurals, or club sports;
• The ability to host guests in the university residence halls;
• Participating in a university-sponsored trip or learning abroad program;
• Access to a specific area of the campus and property owned or controlled by the university;
• Participating in any event, program, or extracurricular activity sponsored by the university;
• Driving and/or parking privileges on property owned or controlled by the university;
• On-campus employment;
• Registration for future semesters; and/or
• Computer privileges at the university.

c. Removal from university housing: Removal from university housing involves exclusion or removal of a student, either temporary or permanent, from the residence halls. Students assigned this sanction may not enter the residence halls except for official university business during regular business hours. There may be specific conditions for readmission to university housing. Once notice of the removal from university housing is given, the student will be given a specific time-frame in which to remove all belongings from the living space and vacate the residence halls. The student may be monitored or escorted during the removal process.

d. Educational sanctions: A student may be assigned additional sanctions in order to aid in his/her development and demonstrate a better understanding of his/her choices. The student will be given a definite time frame for each assignment and is expected to complete assignments within that time frame in order to avoid further conduct action.

e. Other sanctions can include any, or a combination, of the following options, including but not limited to:

• Restitution: monetary reimbursement to the university, an individual, or organization for any property damages or losses resulting from the acts committed (limitations may apply). Monetary reimbursement to the University must be paid by the date specified, as all financial obligations must be satisfied prior to or at the time of course registration for the next semester;
• Community service: a student may be required to complete work assignments or other service to the university community;
• No contact directives: restrictions on one’s ability to contact or communicate with another individual;
• Residence hall relocation: a change in a resident student’s current on-campus residence to another location within the university housing system as assigned by the Office of Housing and Residence Life;
• Internal referral: referral to a specific department or university official for the purposes of evaluation and/or education;
• Fines: Monetary reimbursement to the university must be paid by the date specified. All financial obligations must be satisfied prior to or at the time of course registration for the next semester;
• Withholding of transcripts or degree: the university may withhold copies of a student’s transcripts or a degree conferral that was otherwise earned either permanently or until the completion of the conduct review process, including the completion of imposed sanctions; and/or
• Revocation of admission and/or degree: admission to the university or a degree conferred from the university may be revoked for fraud, misrepresentation, or other violation of university policy in obtaining the degree from or gaining admission to the university, or for other serious violations committed by a student prior to graduation.

f. The above stated sanctions may be appropriately modified and imposed upon student organizations, in addition to:

• Loss of selected rights and privileges for a specified period of time; and
• Loss of university recognition for a specified period of time.

11. Appeals

A decision made from a conduct review may be appealed by the respondent and/or impacted party (when applicable) to the Appellate Officer within seventy-two (72) hours of the decision being sent. Such appeals must be requested in writing to the Vice President for Student Affairs, or his/her designee, by the deadline. An online appeal request form is available on the Lynn University website. The appeal request must state whether the student is appealing the decision, the sanction(s), or both. An appeal shall be limited to a review of the information and documents presented during the conduct review meeting, except as required to explain the basis of new information. The appeal request must also identify and explain which of the following criteria is the basis for the appeal:

1. The conduct review process significantly deviated from its stated procedures in such a way that affected the outcome of the case.
2. New and significant information that is related to the case is now available, but was unavailable or unknown at the time of the initial conduct review meeting, and the new information could considerably affect the outcome of the case. (This option is not available when a student fails to attend their conduct review meeting after having received adequate notice).
3. The sanction(s) imposed is/are excessive or inconsistent with the nature of the offense.

A great degree of deference is given to the original Student Conduct Officer, and the presumption is that the original conduct review was appropriately conducted and the burden is on the party requesting the appeal to articulate that the appeal has merit. If the appeal lacks merit it will be dismissed, and the original decision may stand. If the Appellate Officer determines there is merit for an appeal, the facts of the case will be reviewed with the student. Appeals can result in one of the following ways:

1. The respondent’s original sanction will be upheld.
2. The respondent’s original sanction will be modified.
3. The case will be reconsidered with specific directives from the Appellate Officer. This may take the form of a completely new conduct review by a different Conduct Officer, reconvening the original Conduct Officer to consider new or specific information, or another appropriate means. All effort will be made to correct the error and/or include the additional information with as little intrusion as possible.

The standard of a preponderance of evidence (more likely than not) will be used in all decision-making.

Once the Appellate Officer has rendered a decision, the respondent (and impacted party, if applicable) will receive a written notice of the outcome. When applicable, the impacted party will receive the same notice simultaneously. This outcome is considered to be the university’s final decision and there will be no further review of the incident. However, in cases when an appeal request resulted in the case being reconsidered, the student still maintains the right to appeal the outcome of that conduct review.

In specific cases involving an alleged victim that has a right to appeal (see definition of “impacted party”), if either party submits an appeal the other party will have the opportunity to provide a written response to the appeal. If the opportunity to meet with the Appellate Officer is offered to the party that submitted the appeal, a meeting will also be offered to the other party. Both parties will be notified of the appeal outcome.

Unless otherwise specifically stated, any sanctions assigned by the Conduct Review Officer are placed on hold when an appeal is submitted. Upon the final decision being made by the Appellate Officer, any and all sanctions will immediately go into effect.

1. Records

Records involving Student Code of Conduct review proceedings are securely maintained. Disciplinary action resulting in findings of responsibility and sanctions assigned to a student becomes part of that student’s educational record, and may be maintained for a period of seven (7) years after the most recent incident. In cases where a student has been suspended, expelled, is prohibited from enrolling, has an outstanding conduct case, has had their degree revoked, or in which future litigation is anticipated, the record(s) may be retained indefinitely. If a student is suspended or expelled from the university due to a conduct issue, a notation shall be made on any transcript provided by the university.

2. Disclosures

a. Records may be released to university officials on a “need-to-know” basis. Information pertaining to a student’s conduct record(s) may also be released to persons and agencies external to the university with the student’s permission, to other institutions to which a student is enrolled or is applying for enrollment, or in compliance with the law. Records subpoenaed or ordered by a judge may be released without the student’s permission. A record may also be released if it is in the university’s legal interest to do so. Additionally, when complaints involve an impacted party that has been the subject of or has been harmed by another student’s misconduct in cases involving sexual harassment, sexual misconduct, dating violence, domestic violence, stalking, other types of physical violence, hazing, some forms of harassment, harmful behavior, or in other cases as determined by the Chief Conduct Officer, the impacted party as well as the respondent may be informed of the status of the case at any point in time, including the final outcome of the conduct case.

b. Parental notification of violations of Student Code of Conduct

Ordinarily, parents will not receive notification from the university regarding violations of the university’s Code of Conduct committed by their student. However, if a student is under the age of 21 and held accountable for a drug violation, or if the student is found responsible for a serious violation of university policies or regulations resulting in removal from campus, the parent or legal guardian, at the discretion of the Vice President for Student Affairs or designee, may receive notice of the violation. Federal regulations permit this notification without the student’s consent in certain circumstances. The notification would be via telephone conversation and/or notice mailed to the address of record for the parent or guardian. This should not be interpreted in any way that the university has an obligation to communicate with parents/guardians. The intention of this notification is to partner with the parent/guardian for the purpose of supporting the student’s success.

c. Disclosures of crimes of violences of non-forcible sex offenses

The university may disclose the final results of the disciplinary proceedings if it determines that the respondent is an alleged perpetrator of a crime of violence or non-forcible sex offense and, with respect to the allegation made against him or her, the respondent has been found responsible for committing a violation of the university’s Student Code of Conduct.

For more information about this policy, contact The Office of Student Conduct.

Policy Footnotes

[1] Retaliation or intimidation associated with reports of sexual harassment, as defined by the Sexual harassment (Title IX) policy and the Student code of conduct and conduct review procedures is strictly prohibited. Reports of retaliation or intimidation by a student associated with reports of sexual harassment, including those raised in relation to complaints made under the Sexual harassment (Title IX) policy, will be resolved through the Student code of conduct and conduct review procedures.

[2] Sexual harassment, as defined in this policy, is a form of sex discrimination that may deny or limit an individual’s ability to participate in or benefit from a university education program or activity. Accordingly, sexual harassment, as defined by the U.S. Department of Education in the Final Rule under Title IX of the Education Amendments of 1972, including quid pro quo, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking within a university education program or activity against a person in the United States is prohibited and will not be tolerated by Lynn University. Allegations of sexual harassment meeting the definitions and jurisdictional requirements of the Sexual harassment (Title IX) policy will be resolved exclusively under that policy. Allegations of sexual and gender-based misconduct that fall outside of the definitions and jurisdictional requirements of the Sexual Harassment (Title IX) Policy made against students will be resolved under the Student code of conduct and conduct review procedures.

* Formal complaints alleging sexual and gender-based misconduct falling within the Final Title IX Rule's definition of sexual harassment (see the university's Sexual harassment (Title IX) policy) will be investigated and, if appropriate, brought to a live hearing through the grievance process defined in the university's Sexual harassment (Title IX) policy. Reports and complaints alleging sexual and gender-based misconduct by a student falling outside of the Final Title IX Rule's definition of sexual harassment will be investigated and, if appropriate, resolved via the Student code of conduct and review procedures.

** A criminal investigation into an incident of sexual and gender-based misconduct (i.e., sexual assault, domestic violence, dating violence, stalking) does not preclude the university from conducting its own investigation. If a report is filed with both the university and law enforcement, the university will proceed with either Title IX investigation process as outlined by the university's Sexual harassment (Title IX) policy, or this Student code of conduct and conduct review procedures as applicable. The university, however may need to temporarily delay its fact-finding portion of the investigation while law enforcement is gathering initial evidence. This delay typically takes three (3) to ten (10) calendar days, although it may be longer in certain instances. If a delay in the university's Title IX investigation occurs, it will take supportive measures to protect the complainant/impacted party in the educational or work setting as applicable. Moreover, the Title IX Coordinator will continue to update the parties on the status of the investigation and inform them when the university's Title IX investigation resumes, while will occur promptly after law enforcement notifies the university that it has completed its evidence gathering stage of the criminal investigation. The university will not, however, delay its investigation until the ultimate outcome of the criminal investigation or the filing of any charges. Neither the results of a criminal investigation nor the decision of law enforcement to investigate or decline to investigate the matter is determinative of whether sexual or gender-based misconduct has occurred.