<< Index of Academic Policies & Procedures
affirms that the central purpose of a university is the pursuit of truth,
the discovery of new knowledge through scholarly research, the teaching
and overall development of students, and the transmission of knowledge
and learning to the world at large. However, the establishment and maintenance
of a community where there is freedom to teach and to learn is dependent
on maintaining an appropriate sense of order that allows for the pursuit
of these objectives in an environment that is both safe and free of
Rules and regulations
are necessary to mark the boundaries of this needed order. However,
the rights of the individual demand that honesty, integrity, responsibility,
and respect for persons and property must form the core values upon
which those rules and regulations are based. All members of the University
community share a mutual responsibility to practice these values.
It is expected
that student conduct will be in concert with, and supportive of, the
University’s central purpose and core values. Examples of prohibited
student behavior are described in this Student Code of Conduct (“Code”). Behaviors that reasonably indicate a violation
of the Code will give rise to the immediate consideration of
resolution through the University’s disciplinary process.
The Code is applicable to all students, which includes all persons taking courses
at the University, either full-time or part-time, pursuing undergraduate,
graduate, professional or unclassified studies. Persons who withdraw
after allegedly violating the Code, who are not officially enrolled
for a particular semester or term, but have a continuing relationship
with the University, or who have been notified of their acceptance for
admission are considered “students,” as are persons who are living
in University residence halls, although not enrolled in this institution.
Those persons include, but are not limited to new, continuing or transfer
students, participants involved in pre-college programs, workshops,
seminars, special classes, summer programs, athletic programs, and camps
affiliated with the University. The Code applies to all locations
of the University and to all student groups and organizations as referenced
in the Code.
It is the responsibility
and duty of students to become acquainted with all provisions of the Code. It is presumed that every student, from the date of his/her
initial acceptance at the University, has knowledge of the Code,
the Academic Code of Conduct, the University Code of Ethics
and Conduct, as well as policies and procedures contained in the H-Book, the Bulletin, the Student Reference Manual, and
the Directory of Classes. All students are deemed to have agreed
to the Code and are required to adhere to the Code as
a condition of enrollment at the University.
I: SCOPE, LIMITATIONS, AND APPLICABILITY OF THE CODE
The Code applies to incidents occurring on campus and, as further explained below,
to some situations occurring off-campus. Incidents that involve students
and that occur at institutions that are part of the Washington Metropolitan
Area Consortium of Universities are also subject to this Code.
Students who are involved in clinical rotations, practicum, internships,
externships or other activities directly involved with an academic program
of study are also subject to the Code.
daily administration, enforcement and operation of the University’s
judicial program are delegated to the Office of the Dean for Special
Student Services (ODSSS).
This Code does not address academic offenses. The University’s schools and colleges
administer the academic disciplinary process. Students must contact
the appropriate school or college for information on disciplinary procedures
regarding academic issues.
against any student committing a violation of the Code off-campus
will be considered on a case-by-case basis upon receipt of the filing
by a Complainant of an Allegation of an Off-Campus Violation of the
Howard University Student Code of Conduct form. The Complainant
must obtain the form from the ODSSS, and the form must be completed
and returned to that office. After review of the form, ODSSS will make
a determination of its appropriateness for University disciplinary action.
Examples of off-campus matters that would typically be excluded from
resolution under the Code are landlord/tenant disputes, certain
personal business matters with off-campus entities, and non-violent
domestic issues. Disciplinary action may be taken with respect to any
student convicted of, or charged with, a felony or misdemeanor, as delineated
in Section V: Special Provisions on Students Charged With Or Convicted
of A Criminal Act.
the severity or nature of the charge, students who violate the Code are subject to a range of disciplinary actions up to and including suspension
or expulsion and may be barred from all University-owned and operated
property and all University-sponsored events and activities.
are serious for students who are charged and/or found guilty of misconduct
under this Code. Therefore, any member of the University community,
who knowingly and willfully misuses the procedures of the Code to harm another member of the University Community, shall be subject
to disciplinary action.
II: COOPERATION WITH LAW ENFORCEMENT AUTHORITIES
cooperates fully with law enforcement authorities and violations of
the Code that are also violations of federal or local law may
be referred to the appropriate non-University authority. Proceedings
under the Code may be carried out prior to, simultaneously with,
or following civil or criminal proceedings off-campus at the discretion
of the Dean for Special Student Services. Determinations made or sanctions
imposed under the Code shall not be subject to change because
criminal charges arising out of the same facts as a result of the violation
of University rules were dismissed, reduced, or resolved in favor of
or against the criminal law defendant.
University Police Department (HUPD) works closely with area law enforcement
agencies, particularly the Washington, DC Metropolitan Police Department
(MPD). HUPD officers have full powers of arrest, search, and seizure
on all University-owned and operated property and are usually the first
to respond to calls for police services on campus. However, complainants
may request that MPD respond to any reported offense or incident that
may violate the law.
SECTION III: STUDENT
RIGHTS, FREEDOMS, AND RESPONSIBILITIES
for the tradition of freedom of expression on campus, the University
reasserts its commitment to fostering and tolerating different viewpoints.
It acknowledges that points of view will diverge and that some students
will believe it necessary to express themselves by means of protest.
However, the University will not tolerate disruption to its academic
mission nor the means of protest that interfere with the legitimate
rights of others.
Rights and Freedoms
shall have the following rights and freedoms:
members of the University community, all students are guaranteed freedom
of expression, inquiry and assembly, the right to form a student government,
organize groups, to join associations in support of any cause or common
interest, and to peacefully protest, provided that such activity is
conducted in a legal manner, is in accordance with University regulations,
and does not abridge the rights of others.
have the right of fair access to all educational opportunities and benefits
available at the University in an environment that is safe and free
of invidious harassment, discrimination, or intimidation.
have a right to privacy in accordance with the policy expressed in the
Family Educational Rights and Privacy Act of 1974 (FERPA).
have the right and responsibility to report, in good faith and without
fear of retaliation, violations of this Code, the University
Code of Ethics and Conduct, and violations of any other policy of
the University, to appropriate academic or administrative officers of
2. Procedural Rights
Students accused of violating
this Code have the following rights:
have access to all University policies and procedures regarding the
functioning of the disciplinary process.
B. To be
informed of and to have explained as required the pending charges.
To be free from intimidation by University employees in the resolution
of disciplinary matters.
To face accuser(s) and have the opportunity to cross-examine them and
To be free from searches or seizures unless based on reasonable cause
by appropriate officials. In accordance with written procedures approved
by the Vice President for Student Affairs, searches and seizures may
be made by the Vice President for Student Affairs and his/her designee,
housing staff, University officers and officials and University Police.
To have a fair and impartial hearing before an appropriately appointed
hearing board, appeal board, or Administrative Hearing Officer.
All students share the following
To read, become familiar with and adhere to the Code, the University’s Code of Ethics and Conduct, the Academic Code
of Student Conduct, the Student Reference Manual, the H-Book, and the relevant academic Bulletin of the school or college
in which the student is enrolled.
To respect the personal and property rights of others and to act in
a responsible manner at all times.
To protect and foster the intellectual, academic, cultural, social,
and other missions of the University.
To observe the laws of local, state, and federal governments.
SECTION IV: EMERGENCY
ACTION SUSPENSIONS AND INVOLUNTARY ADMINISTATIVE
1. Emergency Action Suspension
As the Chief
Executive Officer of the University, the President holds the ultimate
authority in matters of student discipline. Unless otherwise exercised
or modified by the President, this emergency authority is delegated
to the Dean for Special Student Services.
On rare occasions,
this authority may be exercised on an exigent basis to protect a student’s
own physical or emotional safety and well-being, University property and/or the health and safety of particular individuals
and/or the University community, or to prevent the threat of disruption
of, or interference with, the normal operations of the University. On
such occasions, the President or Dean for Special Student Services
may take emergency administrative action to immediately suspend a student’s
enrollment. The student will be notified in writing and/or orally of
this action and the reasons for the suspension. An Emergency Action
Suspension Hearing (EASH) will be held as soon as one can be convened,
within thirty (30) days from notification of action. The purpose of
the EASH will be to determine if the student may remain enrolled until
a regular Disciplinary Hearing, as described in Section V of the Code, is held and a decision is rendered. The notice will include
the time, date and place of the hearing.
2. Involuntary Administrative
where the University cannot effectively monitor or control the conditions
or behaviors of certain students, it reserves the right to effect an
Involuntary Administrative Total Withdrawal. In circumstances where
the mental, emotional and/or physical welfare of the student and the
various elements of the University community are in jeopardy, or where
the student’s behavior and conduct becomes an imminent danger, it
may become necessary to take emergency action to temporarily or permanently
separate a student from the campus community. Further, the University
reserves the right to contact the student’s parent, guardian, or next
of kin in the event of a medical emergency. The Family Education Rights
and Privacy Act (FERPA, 34 CFR 99.36) provides for the release of normally
protected student information when it is believed that the student represents
a health or safety risk to self or others.
will be instituted in the event that a student (a) demonstrates behaviors
or lack of good judgment, suicidal behaviors, self-destructive behaviors,
or has untreated or uncontrollable medical or mental conditions which
result in actual or possible imminent danger of injury to themselves
or members of the University community; (b) demonstrates an inability,
without adequate care, to satisfy personal needs, to include activities
of daily living, nourishment and maintenance of shelter; (c) demonstrates
a behavior due to mental, emotional, or medical incapacitation which
poses an imminent danger of causing significant property damage, or
directly and substantially impedes the lawful activities of others,
interferes with the educational process or the orderly operation of
the University; or (d) fails to comply with requirements to adhere to
the instructions and guidelines of the clinical/medical staff of the
University Counseling Service, Student Health Center or Howard University
Hospital, as a result of an episode of mental or medical crisis intervention.
period of involuntary administrative total withdrawal, a student may
be denied access to the campus, classes, residence halls, University
activities, and denied privileges for which the student might otherwise
be eligible, as the Dean for Special Student Services may determine
to be appropriate. In making this determination, the Dean for
Special Student Services will consult with appropriate academic administrators
and health care professionals, to include but not limited to the Dean
for the University Counseling Service and the Medical Director of the
Student Health Center.
Timeline of Process
will schedule a hearing within thirty (30) days of the student’s Emergency
Action Suspension or Involuntary Administrative Total Withdrawal, unless
the student makes a written request asking that the hearing occur sooner
than thirty (30) days. However, if the student submits a written request
for an earlier hearing date, the hearing will not occur any sooner than
ten (10) business days following receipt of the written request. The
Dean for Special Student Services will notify the student in writing
and/or orally indicating the reason for the Emergency Action Suspension
or Involuntary Administrative Total Withdrawal and the date, time and
place of the hearing. Appropriate University personnel may be present
and/or consulted at this meeting. Parents, spouses, or any persons who
would be of support to the student may, with the consent of the Dean
for Special Student Services and the student, participate in the hearing.1 At the hearing, the University will state its reasons for concern and
the student will be given an opportunity to respond.
The Dean for
Special Student Services will notify the student in writing of the decision
and the basis for the decision within ten (10) business days of the
hearing. If it is determined that the student does not present a threat
to himself/herself or others, the student will be permitted to continue
as a student. If the decision is that the Emergency Action Suspension
or Involuntary Administrative Total Withdrawal shall remain in effect,
the communication will indicate what, if any, stipulations may govern
his or her return to the University. Such stipulations may include
providing certification from a healthcare professional indicating the
student is able to return to the University. The Section 504 Coordinator
may be involved when a student seeks a return to the University.
wish to appeal Emergency Action Suspensions and Involuntary Administrative
Total Withdrawals shall submit their appeal to the Dean for Special
Student Services, who will forward the appeal through the Vice President
for Student Affairs to the Provost or to the Senior Vice President for
Health Sciences. In those cases where internal and/or external health
professionals were consulted, a report of findings and response to the
appeal will be obtained.
In those cases,
where internal and/or external health professionals were consulted,
a report of findings and response to the appeal will be obtained. In
addition, the President or Dean for Special Student Services may require
the student, at his or her expense, to obtain a psychiatric/medical
evaluation from appropriate professionals external to the University
to be presented. The Office of the General Counsel will be consulted
for legal advice before a final decision regarding the appeal of an
emergency action is reached. There shall be no further appeal of this
SECTION V: EMERGENCY
ACTION SUSPENSION OF STUDENTS CHARGED WITH A CRIMINAL ACT
A student charged
with a crime, either a misdemeanor or felony, by any local, state, or
federal entity may be subject to an Emergency Action Suspension by the
Dean for Special Student Services.
disciplinary proceedings may be instituted against a student charged
with conduct that potentially violates both the criminal law and the Code without regard to the pendency of the civil or criminal litigation
in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following
civil or criminal proceedings off-campus at the discretion of the Dean
for Special Student Services. Determinations made or sanctions imposed
under this Code shall not be subject to change because criminal
charges arising out of the same facts giving rise to violation of the Code were dismissed, reduced, or resolved in favor of or against
the criminal defendant.
Suspension of a student charged with a criminal act will occur only
in situations where the University determines there is a risk of substantial
harm to the health or safety of the student or other individuals or
to prevent the threat of disruption of, or interference with, the normal
operations of the University. An individualized assess.emt will be made
after consultation with the Office of the General Counsel and after
considering the best available objective information.
will schedule a hearing within thirty (30) days of the student’s Emergency
Action Suspension, unless the student makes a written request asking
that the hearing occur sooner than thirty (30) days. However, if the
student submits a written request for an earlier hearing date, the hearing
will not occur any sooner than ten (10) business days following the
receipt of the written request. The Dean for Special Student Services will notify the student in writing
and/or orally indicating the reason for the Emergency Action Suspension
and the date, time, and place of the hearing.
A student may
be suspended or expelled prior to the final resolution of the criminal
matter, but a student has the affirmative duty to notify the University
of the conclusion of the matter. After being duly notified of the scheduled disciplinary hearing, if
the charged student is unable to appear due to incarceration or incapacitation
at the time of the regular disciplinary hearing, the student may request
in writing that the disciplinary hearing be postponed and rescheduled
when he or she is able to appear, or after the conclusion of the criminal
the student has an affirmative duty to notify the University of any
status change in the criminal matter. If a student does not provide
such notice or fails to communicate with the University within one (1)
calendar year, the University will take measures for permanent expulsion.
Decisions Upon Criminal Conviction
It is the University’s
policy that a student convicted of a felony shall be expelled from the
institution, irrespective of the student’s current enrollment status.
A decision about the continued enrollment of any student convicted of
a misdemeanor will be made on a case-by-case basis by the Dean for Special
Student Services, which may be appealed through the Office of the Vice
President for Student Affairs to the Office of the Provost or the Office
of the Senior Vice President for Health Affairs for students in the
Division of Health Affairs.
SECTION VI: FILING A COMPLAINT AND REQUEST FOR UNIVERSITY DISCIPLINARY
ACTION AND NOTIFICATION TO THE ACCUSED
violations of the Code may result from a written Incident Report
taken by Campus Police. If a charge of a violation of the Code is not made as a result of such report, it is the responsibility of
the Complainant, whether a student or University employee, to take action
to pursue resolution of a violation. First, the Complainant must review
the Code to determine the specific provisions violated by the
Accused Student. Second, the Complainant must obtain, complete, and
file a Request for Resolution of an Alleged Violation of the Student
Code of Conduct form within fourteen (14) calendar days of the incident
or knowledge of the incident. Forms submitted after this fourteen (14)
calendar day period will only be resolved if extenuating circumstances
are present, and require approval of the Dean for Special Student Services.
More than one provision of the Code may be cited in the complaint
form. The forms are available in the Office of the Dean for Special
Student will be notified by the Dean for Special Student Services of
an alleged violation by certified letter and/or telephone call, and
will be asked to report to the Dean for an interview. ODSSS will make
reasonable efforts to contact the student at the local and/or permanent
SECTION VII: INITIAL
ADMINISTRATIVE ACTION ON ALLEGATIONS OF VIOLATIONS OF THE CODE
If a determination
is made by Dean for Special Student Services that a violation of the Code may have occurred, the Complainant(s) and the Accused Student(s)
will be contacted by the Dean for Special Student Services within fifteen
(15) business days after receipt of the completed Request for
Resolution of an Alleged Violation of the Student Code of Conduct form.
Both the Complainant(s)
and the Accused Student(s) will be required to put in writing their
accounts of the incident. Upon written notification, the Complainant(s)
and the Accused Student(s) may request that their full written accounts
be submitted to the Howard University Police Department and substituted
for the incident statement. The Accused Student(s) will be informed
of the allegation and related information, and he/she will be given
an opportunity to provide his/her version of the facts, and allowed
to plead “Responsible” or “Not Responsible.” The Incident
Statements of the Complainant(s) and Accused(s) will be shared with
both parties, upon request.
If the Accused
Student(s) fails to respond within six (6) business days of the date
of the communication, the Dean for Special Student Services may proceed
with scheduling and convening a hearing to resolve the matter.
A plea of “Not
Responsible” by the Accused Student(s) will result in an automatic
remanding of the case to the appropriate hearing board or to an Administrative
Hearing Office at the discretion of the Dean for Special Student Services.
The Accused Student(s) and the Complainant(s) will be notified by mail
of the date, time and place of the hearing.
pleas by the Accused will result in an ODSSS review of the case and
determination of appropriate sanction(s) to be imposed. The Complainant
will receive written notification of the sanction(s). The sanction(s),
not the plea, may be appealed in writing to ODSSS using the process
for Filing an Appeal outlined in Section XVI, except when the Dean for
Special Student Services appoints an Appeals Hearing Officer during
periods when an Appeals Board cannot be convened.
VIII: PROHIBITED BEHAVIORS
is an illustrative list of the types of conduct, including actual conduct
and attempts to engage in such conduct, which are prohibited by this Code. A reasonable suspicion that a student has engaged in or attempted
to engage in, such prohibited conduct will result in the immediate consideration
of disciplinary action under this Code.
Causing any condition that jeopardizes the safety of individuals, groups
of individuals, or the University community; participating in conduct
or behavior that explicitly endangers the safety and well-being of oneself
Tampering with safety measures or devices, such as alarm systems, fire
extinguishers, exit signs, emergency phone systems, smoke or heat detectors,
fire hoses, security systems, locked exterior or interior doors, and
Failing to conform to safety regulations, such as falsely reporting
an incident, failure to evacuate facilities in a timely fashion in emergency
situations or in response to fire alarms, inappropriate use of the alarm
system, and similar conduct.
Falsely reporting the presence or threat of a bomb or any other dangerous
device or condition.
Having the knowledge of and not reporting an event or act that would
potentially endanger members of the University community.
Possession of weapons including firearms, items that eject projectiles,
knives, or any item that any reasonable person would consider to have
the possibility of doing bodily harm.
Possessing, using, storing, or transporting firearms, other weapons,
explosives, fireworks, ammunition, tear gas or dangerous chemicals,
except as authorized for use in class, or in connection with University-sponsored
research or other approved activities.
Engaging in verbal or physical behavior directed at an individual or
group based on national origin, race, creed, gender, religious beliefs,
or sexual orientation that, according to a person of reasonable sensibilities,
is likely to create an intimidating or demeaning environment that impedes
the access of other students, faculty and staff to the educational benefits
available to them as a member of the University community. The Code includes bias-related or hate crimes as defined in the DC Code.
Wearing articles of clothing with derogatory, racist, discriminatory,
patently offensive, profane, sexually explicit, or graphic messages
either in words or pictures, which demonstrate bias or discrimination
against any individual or group within the University community.
verbal, electronic, visual, written or physical behavior directed at
an individual or group that, in the view of a person of reasonable sensibilities,
is likely to provoke or otherwise result in, a negative or injurious
response, mental or emotional distress, or related reaction or consequence.
This behavior may include:
Making an expressed or implied threat affecting another person’s academic
pursuits, University employment, or participation in activities sponsored
by the University or organizations or groups related to the University,
Engaging in unwarranted obstruction or interference with respect to
educational, campus activity, or personal pursuits, employment or participation,
which includes but is not limited to: behaviors or communications which
detract or interfere with an instructor’s ability to provide instruction
in the classroom, laboratory, clinical practicum or clerkship, or any
activity directly related to teaching, instruction or academic advisement
and counseling, or any academic support services throughout the University
Creating an intimidating or demeaning situation or environment or inflicting
personal, social, academic, psychological or emotional harm, or undue
University Policy Against Sexual Harassment and Gender Based Discrimination
in Education Programs and Activities” covers undergraduate, graduate
and professional students, teaching and graduate assistants. With respect
to academic programs and activities, “sexual harassment” shall mean
unwelcome sexual advances, requests for sexual favors, and other electronic,
verbal, visual, written or physical conduct of a sexual nature, when:
Submission to such conduct is made either explicitly or implicitly as
a basis for any decision affecting the terms or conditions of participation
in any organization, program or activity, or status or evaluation (including
grades) in an academic course; or
Such conduct has the purpose or affect of unreasonably interfering with
a student’s educational right, privilege, advantage, or opportunity.
Such conduct is so pervasive or severe that it creates an intimidating,
stressful, hostile, or offensive environment for learning and has no
reasonable relationship to the subject matter of the relevant course
attempt or threat to inflict injury upon the person of another, when
coupled with an apparent present ability to do so, and any intentional
display of force such as would give the victim reason to fear bodily
harm constitutes an assault. An assault may be committed without actually
touching or striking, or doing bodily harm. Self-defense may be a mitigating
factor to this charge, depending on the circumstances.
7. Sexual Abuse
occurs when the act is intentional and is committed either by:
force, violence, threat, or intimidation;
Ignoring the objections of another person;
another’s intoxication or impairment through the use of drugs or alcohol;
advantage of another person’s incapacitation, state of intimidation,
helplessness, or other inability to consent.
occurs when the act is committed without intent to harm another and
where, by failing to correctly assess the circumstances, a person believes
unreasonably that effective consent was given without having met his/her
responsibility to gain effective consent.
An encounter in which physical
contact occurs or is threatened between two or more persons with weapons,
blows or other personal violence and that may include pushing, shoving,
and other acts of physical abuse. Self-defense may be a mitigating factor
to this charge, depending on the circumstance.
Stalking is defined as willfully, maliciously and repeatedly following
or harassing another person in a manner that would cause a reasonable
person to feel frightened, intimidated, threatened, harassed, or molested.
Stalking is behavior in which a student repeatedly engages in a course
of conduct directed at another person and makes a credible threat with
the intent to place that person in reasonable fear for his or her safety,
or the safety of his or her family; where the threat is reasonably determined
by the University to seriously alarm, torment, or terrorize the person.
Stalking can either be physical or electronic.
Hazing is defined
as an act, which endangers the mental or physical health or safety of
a student. It may include, but is not limited to, the destruction or
removal of public or private property, or any activity conducted on
or off-campus that causes or intends to cause an unreasonable expenditure
of funds, embarrassing, intimidating or demeaning behavior, exposure
to situations that could result in physical or emotional harm, or that
causes undue stress, for the purpose of initiation, admission into,
affiliation with, or as a condition for continued membership in any
sanctioned or unsanctioned group or organization at the University.
11. Alcoholic Beverages
prohibits the unauthorized possession, use or distribution of alcoholic
beverages. The University enforces all local and federal laws or regulations
that regulate and control the sale or use of alcohol. The University
limits on-campus use of alcoholic beverages to specified areas and to
persons of legal age. Underage drinking is not permitted or sanctioned
by the University. Violations of the University’s Alcoholic Beverages
Regulations and Guidelines are violations of the Code as follows:
Under no circumstances will alcoholic beverages be provided to anyone
under 21 years of age. The sale, service, possession, or consumption
of an alcoholic beverage is expressly prohibited, unless approved by
the appropriate University official for students over 21 years of age.
B. Consumption and/or
possession of alcoholic beverages in the residence halls are prohibited.
C. Aiding or abetting
an underage person in the purchase of alcoholic beverages or providing
an underage person with alcohol.
organizations affiliated with schools and colleges may not serve alcoholic
beverages at events without the express written approval by the Academic
Dean of the school or college and the Director of Student Activities
regarding the location and conditions of possession and consumption.
Approval will be given only for those students over 21 years of age.
If approved, alcoholic beverages may not be consumed outside of the
designated areas for the event. If violations occur, the student organizational
leadership along with the coordinator(s) of the particular event may
be charged under the Code.
E. Student organizations
serving alcoholic beverages at off-campus events may not identify these
events as University-sponsored or sanctioned events.
F. Disorderly conduct
due all or in part to being under the influence of alcohol.
G. Providing alcohol
to underage persons.
H. Possession of an
open alcohol container in a public area.
I. Consumption of alcohol
in a public area.
J. After consuming alcoholic
beverages, students must assume full responsibility for their conduct
as it relates to the need for the exercise of good judgment, moderation,
respect for the rights of others, and the legal regulations of the jurisdictions
prohibits the possession, use, sale or distribution of illegal drugs
or controlled substances and enforces all local and federal laws that
prohibit the possession or sale of illegal drugs or drug paraphernalia.
In addition, under federal and local laws, any student convicted of
a drug-related offense must be denied all federal assistance, including
Pell Grants. Information about remaining eligibility for federal
financial aid may be obtained from the Office of Financial Aid.
The University has a “zero”
tolerance policy on the improper use of controlled substances and expressly
possession, use, manufacturing, distribution or intent to distribute
and/or sale of a controlled or illegal substance. Examples of these
illegal substances are: crack cocaine, ecstasy, date rape drugs, marijuana,
cocaine, heroin, or any other narcotic or controlled substance except
as expressly prohibited by law.
illegal possession, use, manufacturing, distribution or intent to distribute
and/or sale of drug paraphernalia.
or abetting an individual or individuals who are in illegal possession,
or who have an intent to use, sale, or to distribute or who use, sale,
or distribute controlled substances or drug paraphernalia, including
allowing persons involved in such activities to visit or stay in their
residence hall room, or to be in any University owned or operated property
over which they have control.
federal and local laws, any student convicted of a drug-related offense
will be denied all federal assistance, including Pell Grants.
13. Forgery, Fraud, Dishonesty
name of a University employee, another student or any other person or
entity, altering or misusing official University forms, documents, records,
stored data, electronic data bases and University enterprise systems,
identification of, or knowingly furnishing false information to University
officers, officials, faculty and/or employees or providing such information
involving or referring to the University to off-campus organizations,
institutions, or individuals.
statements in public or private, including knowingly filing false charges
under the Code. Aiding and abetting another individual in the
conduct of such actions also constitutes a violation of this provision.
has registered its name, logo and seal as trademarks. As such,
these marks are protected under applicable federal and local laws.
Students may not use the seal, logo(s), motto, trademarks, or other
intellectual property of the University without written permission
from the University’s Office of General Counsel. Authorized student
organizations must be pre-approved by the office of Licensing and Vending
to reproduce or to have a manufacturer reproduce the University trademarks
on merchandise for sale or distribution. The use of the University
seal is restricted to authenticating the highest official University
documents and for display during major ceremonies. Exceptions
for use of the seal are considered based on written requests to the
Office of the President or the Office of the Secretary, accompanied
by a justification.
14. Property Damage
The attempt of, or unauthorized removal, use of, or the defacing of
University property, or property under University custody or control
resulting in its destruction or damage.
Destroying, defacing, removing or damaging the property of others on
University premises or at University-sponsored activities.
or attempted theft of property and/or services; knowingly possessing
or transporting stolen property; or improperly using or converting the
property of another for personal use.
The Code extends to identity theft as defined by the DC Code.
Entry, Use, or Trespassing
using University facilities or property, or property in the custody
or control of the University, for an improper purpose, or without proper
authorization, or assisting others in doing so.
and Event Registration
Failing to comply with policies
and regulations governing the registration of student organizations,
events on campus, or the use of University facilities or resources.
18. Failure to Comply/Non-Compliance
Failing to comply with or respond to the directions or instructions
of an authorized University official, faculty, or staff member acting
in the performance of his or her duties or any other person responsible
for a University facility or registered function acting in accordance
with those responsibilities.
B. The Howard University
student identification card shall be carried by students at all times
and surrendered upon the reasonable request of any University Official,
Faculty Member, Staff Member and all Residence Hall Personnel.
comply with any disciplinary procedure, within the identified time frame,
will result in a hearing with sanctions applied.
Smoking is prohibited in all
University buildings and residence halls.
20. Disruptive Conduct
Acting in a manner that impairs, interferes with, or obstructs the orderly
conduct, processes, or functions of the University or of any person
or persons on University owned or operated property or at any University-sponsored
Students whose behavior, communications, and/or attire may be considered
disruptive while participating in academic programs, University activities,
programs and general operations. Behaviors would include: use of electronic
devices such as pagers, cell phones, video games, walkmans, personal
music players, playing computer games during class sessions, laboratory
or clinical practicum’s or clerkships and periods of academic instruction,
remediation, or tutorial assistance. Disruptive conduct would
also include the wearing of apparel or clothing in class, or during
academic instruction that is lewd, profane or sexually explicit; attire
that conveys messages in print or in picture form that are profane,
vulgar, patently offensive, racist or discriminatory, and this conduct
disrupts the instructor’s ability to maintain decorum or provide academic
instruction in the classroom, laboratory, or other instructional environments.
also includes students who engage in disruptive behaviors or communications
with an instructor, such as swearing or cursing, which impedes the ability
of the instructor to present academic information in the classroom or
laboratory, clerkship, conduct academic advisement, counseling, or tutorial
Students are required to carry the Howard University student identification
card at all times and are required to surrender it upon reasonable request
by any University Official, Faculty Member, Staff Member and all Residence
21. Electronic Communication
telecommunications, data communication networks or any electronic means
owned and operated by the University for illegal or improper purposes
or in violation of University regulations and policies, or related federal,
state, or local laws.
knowingly allowing any fugitive from justice, or any student, employee,
or any other individual who has been barred from the University, to
stay in, or to be transported onto, University owned or operated property
or facilities. This would also include harboring any individual who
is considered to be a fugitive from justice or for whom there is an
individuals or representatives of student organizations are prohibited
from entering into verbal or written agreements or contracts that purport
to bind, obligate, or create liability of any kind for Howard University.
The University will hold all such students individually liable for any
financial or legal consequences or damages that may result from such
24. Established Policies
to observe any provision of the University Code of Ethics and Conduct,
the Student Code of Conduct, the Academic Code of Conduct,
the H-Book, the University Web-site or appropriate school/college
bulletin, pertaining to personal conduct or behavior.
25. Violation Of Criminal
Codes Of the Local, State, or Federal Governments
On or off-campus actions or
activities that violate criminal law also violate the Code.
Unauthorized acquisition and/or
use of funds belonging to, or under the stewardship of, any University
unit, organization, or individual.
27. Contempt Of, Or Interference
With, Any Disciplinary Program Actions Or Activities
respect the disciplinary program or process, including failing to appear
for a meeting or hearing if requested to do so, interfering with attendance
by any person or persons mandated to attend a meeting or hearing, or
interfering with the hearing or disciplinary process of any disciplinary
board or administrative hearing. Acting in a threatening or harassing
manner towards hearing participants before, during or after a hearing.
28. Media Contact
expressly prohibited from speaking on behalf of, or for, Howard University
with any media organization or publication, or from inviting the same
to any University-owned or operated property, facility, or event without
the express written permission of the Office of University Communications.
29. Presenting False
Knowingly making false statements
regarding a disciplinary matter before, during or after the disciplinary
SECTION IX: UNIVERSITY-WIDE
DISCIPLINARY HEARING BOARDS AND HEARINGS; ADMINISTRATIVE HEARINGS AND
OFFICERS; APPEAL HEARINGS AND BOARDS; ADMINISTRATIVE APPEAL HEARINGS
The adjudication of alleged
violations of the Code is conducted by a duly appointed University-Wide
Disciplinary Hearing Board, or by an Administrative Hearing Officer.
The Dean of Special Student
Services reserves the right to assign a case to a Disciplinary Hearing
Board or to an Administrative Hearing Board. Those cases involving
charges which may result in possible indefinite suspension, withdrawal
or expulsion will be remanded to a Disciplinary Hearing Board.
1. Disciplinary Hearing
There shall be University-wide
disciplinary hearing boards as follows:
Disciplinary Hearing Board for Undergraduate matters;
Appellate Board for Undergraduate matters;
C. University-Wide Disciplinary
Hearing Board for Graduate and Professional Student matters;
D. University-Wide Appellate
Board for Graduate and Professional Student matters.
the University-wide disciplinary hearing boards shall be selected from
a pool of students, faculty members, and administrators trained by ODSSS.
The pool of board members consists of those qualified appointees submitted
by University officers, deans of the schools and colleges, the Faculty
Senate, ODSSS, the Howard University Student Association (HUSA), and
any other undergraduate or graduate student governing bodies approved
by the Vice President for Student Affairs. Organizations shall select
potential appointees according to their internal policies and procedures.
Volunteers may also be part of the pool if they meet the qualifications
for the category of their status at the University and they submit the
“Offer to Volunteer for University Disciplinary Program” form to
ODSSS. ODSSS shall provide at least two written requests for names to
officials and organizations. In the event that appointments are not
made by the deadline by the appropriate student and faculty organizations,
ODSSS shall appoint persons to the board pool from the faculty and student
body, subject to the approval of the Vice President for Student Affairs.
hearing boards have jurisdiction over all students subject to the Code. They are responsible for reviewing and evaluating all of the
relevant information, conducting hearings, rendering a decision of “Responsible”
or “Not Responsible” and making recommendations for sanctions, if
any, to the Dean for Special Student Services.
Hearing Board Membership
The membership of the disciplinary
hearing boards is as follows:
shall be comprised of seven (7) members. No more than three (3) members
can be students who meet the qualifications outlined below. The remaining
members shall be from the pool of qualified faculty and administrator
appointees, or volunteers, who meet the qualifications outlined below.
A minimum of five (5) members
will constitute a quorum.
for the semester(s) of service.
In good academic, disciplinary and financial standing.
c. At least 24 credits
earned at time of appointment.
d. Can serve for two
(2) academic years or until graduation.
for the semester(s) of service.
b. At least one (1)
semester of enrollment by the time of appointment.
c. In good academic,
disciplinary, and financial standing.
a. Must have been
a member of the University faculty for a minimum period of one (1) year
at the time of appointment.
a. Must have been
an employee of the University for a minimum of one (1)
year at the time of appointment.
The Dean for Special Student Services shall appoint a faculty member or administrative staff member of each
board to act as Chair.
3. Administrative Hearings
of a violation of the Code may also be handled through an administrative
hearing process conducted by an Administrative Hearing Officer rather
than through a judicial board.
hearing may be used under any of the following circumstances:
- A student charged
with a violation will be assigned to the administrative hearing process,
unless the violation merits indefinite suspension, withdrawal or expulsion.
- The Dean for
Special Student Services determines that it is not possible or practical to convene a disciplinary hearing board or appeal board at
the time the case is scheduled (e.g., summer sessions, semester breaks, lack of a quorum, spring break, etc.) and that it is in the University’s
best interest to have the case heard expeditiously.
- The nature of the
case is such that the Dean for Special Student Services believes
the best interest of the student and/or the University would be served
by the use of an Administrative Hearing. If the Complainant or the Accused
Student objects, either may appeal this decision in writing to the Vice
President for Student Affairs, within ten (10) business days following
notice of the Administrative Hearing. The Vice President shall render
a decision within three (3) business days.
- The Dean for Special
Student Services reserves the right to determine which cases are to
be heard by a University-wide Disciplinary Hearing Board. In most
cases, the use of an Administrative Hearing Officer is prescribed.
In cases, which could result in the indefinite suspension or expulsion
of a student, a University-wide Disciplinary Hearing Board is warranted.
4. Administrative Hearing
Hearing Officers shall be selected by the Dean for Special Student Services
from a pool of qualified and trained administrative staff members and
faculty members. The Administrative Hearing Officer is responsible for
reviewing all of the relevant information, conducting a hearing, rendering
a decision, and making recommendations for sanctions, if any, to the
Dean for Special Student Services. The hearing officer shall be the
sole judge of the relevancy and admissibility of evidence presented
5. Appeal Boards
found “Responsible” for violating the Code by a University-Wide
Disciplinary Hearing Board or Hearing Officer and, thereby subject to
sanctions, may appeal the decision. (See Section XVI: Appeal of a Disciplinary
Hearing Decision). A request for reconsideration of a decision or recommended
sanction(s) shall be submitted by the Dean for Special Student Services
to the appropriate Appeal Board.
Board shall be comprised of five (5) members. No more than two (2) members
shall be qualified students. The remaining members shall be qualified
faculty members, administrator appointees or volunteers.
the Appeal boards must meet the same qualification standards as members
of the University-Wide Disciplinary Hearing Board. However, a member
serving on a University-Wide Disciplinary Hearing Board shall not serve
on an Appeal Board on the same case.
A faculty member
or administrator who is a member of the board will be appointed by the
Dean for Special Student Services to serve as Chair of each Appeal Board.
A majority of four (4) will constitute a quorum.
6. Administrative Appeal
An appeal of
a decision by a University-Wide Disciplinary Hearing Board may be handled
through an administrative hearing process by an Administrative Appeal
Hearing Officer rather than through an Appeal Board. An administrative
Appeal Hearing will be convened at the discretion of the Dean for Special
Student Services. If the Accused Student objects, she/he may appeal
this decision in writing within five (5) business days to the Vice President
for Student Affairs. The Vice President will render a decision within
three (3) business days. In addition, a student filing an appeal may
elect to request such a hearing.
7. Administrative Hearing
Appeal Hearing Officers are selected and trained by the Dean for Special
Student Services. The Administrative Appeal Hearing Officer is responsible
for meeting with the Chairperson of the University-wide Disciplinary
Hearing Board, reviewing all documents from the case file and hearing,
and for conducting the appeal hearing. The Officer shall be the sole
judge of the relevancy and admissibility of evidence presented for consideration.
The qualifications for an Administrative Appeal Hearing Officer shall
be the same as for an Administrative Hearing Officer. The Administrative
Hearing Appeal Officer shall have no engagement in the pending appeal
brought for his review.
SECTION X: HEARING PARTICULARS
1. Notification of Hearing
The ODSSS shall
notify the members of the appropriate Disciplinary Hearing Board (or
the hearing officer, as appropriate), the Accused Student(s), and the
Complainant(s), in writing, of the date, place and time of a scheduled
hearing not less than ten (10) working days prior to the hearing date
(excluding holidays). Both the Complainant(s) and the Accused Student(s)
shall be informed that they are responsible for contacting their own
witnesses, informing them of the hearing, and ensuring their attendance
at the hearing. Such notification shall be hand-delivered, mailed, or
delivered to the local address of record. Witness lists are to be submitted
to ODSSS at least two (2) days prior to the hearing. Upon request, ODSSS
will make copies of the witness lists available to the parties. Upon
request, ODSSS will provide letters for professors of students absent
from class due to participation in a disciplinary procedure to explain
the students’ absence from class.
2. Notification of Inability
to Attend a Hearing
If either the
Accused Student(s) or the Complainant(s) cannot attend a scheduled hearing
due to compelling circumstances, he/she must notify ODSSS as soon as
this fact is known. Written documentation of extenuating circumstances
must be provided. Failure to adhere to this policy may result in additional
disciplinary action and/or conducting the proceeding without the benefit
of the absent person’s participation.
3. Document Access
Student(s) and complaining student(s) shall have reasonable access to
all of the relevant case documents that are maintained by the ODSSS.
also be available to members of the boards or hearing officers for review
prior to a hearing. The documents prepared by ODSSS and submitted during
the hearing, as well as the statements given, will constitute the record
of the board or of the hearing officer in an administrative hearing.
4. Briefings and Consultations
board members, and hearing officers may be briefed by ODSSS on factual
and procedural matters. Legal advice will be provided to such individuals
by the Office of General Counsel.
5. Failure to Attend
A student accused
of violating the Code, who has received appropriate notification
to attend a scheduled hearing but fails to do so, may be considered
in contempt of the disciplinary process and subject to further disciplinary
action by the Dean for Special Student Services. The board or hearing
officer may elect to proceed with the hearing without the Accused Student(s)
and render a decision based on the evidence presented.
who is called by ODSSS or a Hearing Officer, with evidence critical
to the resolution of a violation of the Code given reasonable
notification of a hearing who refuses to attend may be considered in
contempt of the disciplinary process and subject to possible disciplinary
6. Rules of Evidence
and Legal Representation
disciplinary proceedings are not subject to the formal rules of process,
procedure, and/or technical rules of evidence, such as are applied in
criminal or civil court. Rather, boards and administrative hearing officers
shall make a determination based on whether the record makes it more
likely than not that the charges are true.
Student(s) and the Complainant(s) may consult with their personal legal
counsel in preparation for a hearing; however, attorneys are not allowed
to attend a disciplinary hearing or to represent a student at a hearing.
A student may elect to have a peer advisor, at a hearing, who shall
serve in an advisory capacity only. Advisors are not permitted to speak
or to participate directly in the hearing. Peer advisors must be current
students in good academic, disciplinary and financial standing with
7. Scope of Evidence
Considered In a Disciplinary Action
The Board Chair or Administrative
Hearing Officer shall be the sole judge of the relevancy and admissibility
of evidence presented for consideration.
SECTION XI: PROCEDURES
FOR CONDUCTING A DISCIPLINARY HEARING
1. Closed Hearings
are closed, except to those persons directly involved (board members,
Complainant(s), the Accused Student(s), and witnesses), unless the board
In those situations
when a Howard University Police Department Officer(s) may have taken
a report and/or investigated an incident relevant to the proceeding,
ODSSS, the Complainant or the Accused Student may request that the Officer
attend and/or participate in a hearing as a witness. Such attendance
or participation will be permitted if it is determined by the Board
or Hearing Officer that the HUPD Officer’s presence will facilitate
the finding of facts. The Complainant or the Accused Student should
contact University Police directly to make such a request and, at the
same time, notify ODSSS of the request.
persons with direct knowledge of the incident shall be allowed to appear
as witnesses. No character witnesses are allowed.
request for postponement by either the Accused Student or the Complainant(s)
may be considered by ODSSS, and granted only when ODSSS determines that
there is a compelling reason for the delay. ODSSS will set a new date
for the hearing and notify all parties involved. Further requests for
postponement do not have to be considered and a hearing may be held
in the absence of either party.
Five (5) members
of appointed board members shall constitute a quorum necessary to conduct
business, including receiving evidence and rendering a decision. Only
members present may vote.
5. Role of the Chair
The Chair of
a disciplinary board has the responsibility of conducting the hearing
in a fair and equitable manner, and of taking such action as necessary
to sanction or mitigate disruptive or inappropriate behavior.
6. Burden of Proof
carries the burden of proof to establish the guilt of the Accused Student.
The Accused Student should be prepared to respond to charges against
him/her with witnesses and/or documents, as appropriate.
7. Steps in the Hearing
shall follow a standardized format. Copies of the Procedures for Conducting
a Disciplinary Hearing may be secured from ODSSS.
8. Deliberation, Decision
Making, and Reporting Results to ODSSS
Deliberations shall be conducted only with board members, University
counsel, and ODSSS staff present.
Boards shall consider only such information as may constitute the record.
Determinations as to responsibility for violations of the Code and recommended sanctions shall be made by a simple majority vote of
the Board, except that recommended sanctions of suspension and expulsion
require a two-thirds vote.
The Chair of the board shall prepare a written report of the hearing
finding(s), including the basis(es) for the finding(s) and shall submit
it to ODSSS within ten (10) days of the hearing. When there is a finding
that the Accused Student is “Responsible” for violating the Code,
there shall be recommendations for sanctions. The Chair signs the report
on behalf of the board. ODSSS will provide notification to the Accused
Student and Complainant of the board’s determination.
Sensitive information considered by the Dean of Special Student Services
or his/her designee to determine sanctions shall be deemed confidential
and will not be shared with students, except that upon written request
from any alleged victim of a crime of violence or no forcible sex act,
the result of the University’s disciplinary proceedings against the
accused student will be disclosed.
SECTION XII: PROCEDURES
FOR CONDUCTING A HEARING BY AN ADMINISTRATIVE HEARING OFFICER
1. Closed Hearings
are closed to anyone other than those persons directly involved, ODSSS
staff, University counsel, the Complainant, the Accused Student, and
witnesses, unless the hearing officer determines otherwise.
persons with direct knowledge of the incident shall be allowed to appear
as witnesses. Those attesting to character alone are not allowed to
serve as witnesses. A list of any witnesses speaking on behalf of the
Accused Student or Complainant must be submitted to the Office of the
Dean for Special Student Services not later than two (2) days prior
to the hearing.
request for postponement may be considered and granted by ODSSS only
when it determines that there is a compelling reason for the delay.
In that event, ODSSS will set a new date for the hearing and notify
all parties involved.
4. Role of the Administrative
Hearing Officer is responsible for conducting the hearing in a fair
manner and for recommending such action(s) as necessary to sanction
or control disruptive or inappropriate behavior.
has the burden of proof to establish that the Accused Student violated
the Code. The Accused Student should be prepared to respond to
charges and evidence presented against him/her with documents and/or
witnesses, as appropriate.
in the Hearing
Hearings shall follow a standardized
format. Copies of the procedures may be obtained from ODSSS.
7. Deliberation, Decision
Making, and Reporting Results to ODSSS
The Administrative Hearing Officer shall consider all information in
The Hearing Officer shall prepare a written report including any recommended
sanctions, and submit the report to ODSSS within five  days of the
hearing. ODSSS shall notify the Accused Student and the Complainant
of the Hearing Officer’s determination.
Sensitive information considered to determine sanctions by the Dean
of Special Student Services or designee shall be deemed confidential
and will not be shared with students, except upon written request from
any alleged victim of a crime of violence or non-forcible sex act, the
results of the University’s disciplinary proceedings against the accused
student will be disclosed.
SECTION XIII: NOTIFICATION
OF HEARING OUTCOME
The Dean for
Special Student Services shall review the recommendations of the Board
Hearing Officer and shall make a final determination on sanctions. ODSSS
shall then prepare a written memorandum setting forth the decision and
any sanctions and notify both parties within twenty (20) working days
after receipt of the report. ODSSS reserves the right to delay notification
when it determines that such delay is in the best interest of the University.
necessary or appropriate by ODSSS, it shall notify relevant University
officers, officials, units and organizations of hearing outcomes and
SECTION XIV: DISCIPLINARY
of disciplinary sanctions for violations of the Code is to educate
students about responsible behavior as members of the Howard University
community, to maintain order, and to protect the rights of others.
“Responsible” for violating the Code are notified of any
sanctions by ODSSS, which also monitors compliance with the sanction.
There is no set sanction for any particular offense, with the exception
of automatic expulsion for a felony conviction. Disciplinary Hearing
Boards and Administrative Hearing Officers evaluate each case individually.
Sanctions will be determined individually and should reflect the nature
and severity of the offense.
1. General Terms
Parents of minor or dependent students who receive a disciplinary sanction
may be notified of that action by the University.
The University reserves the right to apply any sanction for a violation
of the Code that, in its sole discretion, appropriately addresses
the gravity and frequency of the offense. One or more sanctions may
be imposed for any offense. Prior offenses are cumulative and any student
found guilty of the same offense or a second offense of equal or greater
magnitude, may be suspended or expelled from the University. However,
evidence of prior violations of the Code may be considered after
a determination of “Responsible” has been made as part of the process
of determining sanctions.
are imposed under the Code without regard to student classification,
prospective graduation date, the time in the semester or term when the
violation occurs, scholarship status, or any other factor.
Students who have not completely fulfilled their sanctions may be allowed
to participate in General Mandatory Registration for the subsequent
semester if all other financial and academic conditions have been met.
However, their registration will be canceled if they fail to comply
with all the stipulations of the sanctions within the time limit set.
imposition of sanctions will be a matter of record in the ODSSS.
of Disciplinary Sanctions
One or more
of the following sanctions may be imposed for any violation of the Code. The failure to perform a sanction, as directed, can lead to
the imposition of more severe sanctions, up to and including suspension
sanctions do not represent the full range of sanctions which may be
imposed against a student found “Responsible” for a violation of
A. Disciplinary Warning or Reprimand
warning or reprimand is an official written statement of censure. It
is used when a student’s behavior is unacceptable but is considered
to be minor and/or unintended. It includes a warning that any other
violation of the University’s Code for which the student is
found guilty will result in more severe disciplinary action. The written
statement shall be delivered to the student.
of Apology to the Aggrieved Party
may be required to write a letter of apology to the aggrieved party.
A draft copy of the letter must be provided to ODSSS for prior approval.
C. Requirement to Seek Counseling
sanction may be imposed when a student is found guilty of engaging in
disrupting or uncivil behaviors. In such case, the student shall be
required to provide evidence to ODSSS of attendance and completion of
counseling by a qualified professional.
D. Participation In, or Conducting, Special Workshops, Classes or Seminars
may be required to participate in, or to develop, advertise and present
special workshops or seminars related to a Code violation. In
such a case, the student may be required to present a typed summary
of the activity to the ODSSS.
E. Research Assignments
may be required to complete a research assignment on a topic related
to the Code violation within a specified deadline.
F. Mandatory University or Community Service
may be required to perform work assignments at the University or in
the local community.
is reimbursement to compensate for personal injury, property damage,
or misappropriation of University or other personal property. It may
be in the form of money or services, subject to the discretion of the
Hearing Officer or Disciplinary Hearing Board.
H. Disciplinary Probation
probation may be imposed for a specified period of time. A student who
is under disciplinary probation will not be permitted to participate
in intramural, intercollegiate or club sports, or student clubs and
organizations. Such a student may not represent the University in any
public function, competition, or performance, hold office in a student
organization, or be eligible to join a fraternity or sorority.
receiving scholarships for any activities enumerated above may have
that scholarship suspended or terminated. Decisions regarding scholarships
will be made by the Vice President for Student Affairs in consultation
with the Dean for Special Student Services and other appropriate University
is appropriate in cases of serious misconduct or in cases when a student
has violated a condition of disciplinary probation, or has failed to
meet the stipulations of lesser sanctions. A student may be suspended
from the University for the remainder of the semester, or summer session,
in which the sanction is applied, or any portion thereof, for the next
semester, or for any other additional periods determined appropriate
by the University.
are recorded on the student’s permanent record (official transcript).
Students suspended from the University are required to return their
student identification cards, room keys and other University property
and shall be barred from the campus for the duration of their suspension.
Exceptions may be granted to this prohibition by ODSSS, if it first
determines that the barred student must enter University property for
the purpose of conducting official business. If a student returns to
the campus without permission during the period of suspension, his or
her eligibility to be re-admitted to Howard University is jeopardized
and such persons may also be charged with unlawful entry and, thereby,
made subject to arrest.
J. Indefinite Suspension
Suspension provides for all conditions described in Limited Term Suspensions,
but does not give a specific date for the consideration of readmission
of the suspended student. This sanction is used in cases of extremely
serious misconduct when evidence of rehabilitation must be presented
by the student and accepted by the Vice President for Student Affairs
before the student is readmitted to the University.
is the most severe sanction that the University may impose. Expulsion
is permanent dismissal from the University. In addition, the student
is not eligible for readmission to the University and permanently barred
from Howard University owned or operated property and from all University-sponsored
events. Students expelled from the University are required to
return any student identification cards, room keys, and other University
property and must leave campus immediately upon notification of being
expelled. If an expelled student returns to the campus, he or she will
be charged with unlawful entry and may be arrested. An expelled student’s
relationship with the University is severed permanently.
SECTION XV: PROCEDURE
FOR READMISSION AFTER DISCIPLINARY SUSPENSION
A student temporarily
suspended will be considered for readmission only after the student
submits a Request for Readmission After Disciplinary Suspension form to the Office of the Dean for Special Student Services.
inform University officers or officials, including the appropriate academic
and administrative deans, the Vice President for Student Affairs, the
Office of the Provost, the Office of the Senor Vice President for Health
Affairs, the Office of General Counsel and the Office of the President
of the disposition of the matter.
XVI: APPEAL OF A DISCIPLINARY HEARING DECISION
1. Criteria for an Appeal
A finding of
responsibility for violations of the Code and/or the sanctions
imposed may be appealed. However, an appeal will result in a reversal
or modification of a decision only if one of the following criteria
is met. It should be noted that an appeal is not an opportunity to have
a new hearing on the matter. As described below, an appeal can only
be used to reverse an error or to consider important information that
was not available at the hearing.
important procedure leading up to or during the original hearing was
ignored or so flawed that the hearing was not fair and impartial.
B. Substantive Error
was an error in identifying or interpreting the controlling and relevant
University policy or standard of conduct and this substantially affected
the hearing and resulted in the Accused Student(s) being denied a fair
C. New Evidence
new evidence has surfaced that could have materially affected the decision
or finding of the board or hearing officer. This evidence must be produced
and substantiated or documented and it is required that proof be provided
that this information was not available at the time of the hearing.
D. Disproportionate Sanction
sanction levied is manifestly unjust because it is overtly disproportionate
to the offense.
2. Process for Filing
an Appeal of Disciplinary Action
An Appeal of
Disciplinary Action form must be submitted to ODSSS by the student found
“Responsible” within five (5) working days of receipt of the letter
of notice of hearing outcome. The form should be typewritten or printed
very legibly, with an attached statement not more than five double-spaced
pages in length. The statement must clearly specify the grounds on which
the appeal is being made and have attached any supporting documentation.
Each case may be appealed only once.
3. Appeal Review Process
appeal must be submitted to ODSSS. ODSSS will forward the appeal to
the Chair of the appropriate Appeal Board. The Chair shall have the
authority to determine if the appeal could reasonably be expected to
meet at least one of the four stated criteria. If the Chair so rules,
he/she will set up an appeal hearing and notify the parties of its date,
time, and location. If ODSSS determines that an Appeal Board cannot
be convened, (e.g., between semesters or at the end of a semester or
lack of quorum), it will appoint an Administrative Appeal Officer to
review the matter, determine if a hearing is warranted, schedule a hearing,
and notify the student.
4. Appeal Hearing
will be limited to a presentation of evidence by the appellant that
directly addresses the grounds for an appeal. The Chair of the University-Wide
Judicial Board may be asked to attend, but no witnesses may be called.
Appeal hearings will follow a standardized format.
actions may be taken by a majority vote of the Appeal Board members
present and constituting a quorum, or by the Administrative Appeals
Officer, transmitting a recommendation to the Dean of Special Student
Affirm the findings of the original Board or Hearing Officer.
Affirm the findings, but change the sanction(s) levied.
Overturn the finding of the original Board or Hearing Officer and remand
to the original Board for a new hearing.
6. Notification of Finding
of an appeal review will be sent by the Chair, who will forward the
recommendation to ODSSS within twenty (20) working days of the Board’s
decision. Within five (5) working days, ODSSS will inform the student
who initiated the appeal and the Complainant of the Board’s decision.
For cause, the Dean may grant the Chair an extension. If the case is
remanded for a new hearing, ODSSS will contact the student about that
new hearing. At the discretion of the Dean for Special Student Services,
a different University-Wide Disciplinary Hearing Board may be asked
to hear the case.
Each case may be appealed only once. Therefore the finding of the designated
Appeal Board is final and binding.
Only the Accused Student may file an appeal.
Appeals filed after the stated deadline will not be considered, except
in compelling circumstances as determined by the Dean for Special Student
8. Stay of Sanction(s)
During the Appeal Process
The Dean for
Special Student Services will determine if the sanction(s) imposed on
an appellant will be stayed pending the appeal process.
SECTION XVII: REVISIONS OF THE STUDENT CODE OF CONDUCT AND JUDICIARIES
1. Periodic Review
The ODSSS will
conduct a full formal review of the Code at least every five
(5) years or at such other times as it deems appropriate to determine
if the Code should undergo a full revision process.
2. Procedure for Revision
If it is determined
that the Code is in need of full revision, the procedure for
developing a new document for recommendation to the Board of Trustees
will be as follows:
A committee composed of faculty, administrative staff and students will
be appointed by ODSSS to review the “Code” portion of the
document and to make recommendations for changes. The pool of those
eligible to serve will come from names submitted by University officers,
Deans of the schools and colleges, the Faculty Senate, the Howard University
Student Association (HUSA), and other authorized and approved undergraduate
and graduate student governing bodies using their own internal policies
for such selections. In the event that after appropriate notice, names
are not submitted, ODSSS shall make appointments.
The draft of the revised Code is completed by ODSSS and forwarded
to the Vice President for Student Affairs, the Provost, and the Senior
Vice President for Health Affairs for review and comment.
An open forum for students, appropriately advertised, will be held to
allow for discussion of proposed changes to the Code. Comments
and concerns will be considered in completing the final draft.
The final draft will be submitted for review to the General Counsel.
3. Forwarding for Approval
The final document
will be authored by ODSSS and forwarded, through the Vice President
for Student Affairs, the Provost, and the Senior Vice President for
Health Affairs to the President for final review and for presentation
to the Board of Trustees for consideration.
to the Code deemed necessary by the Dean for Special Student
Services during periods between formal full reviews and revisions will
be prepared by ODSSS and forwarded through the Vice President for Student
Affairs, the Provost, the Senior Vice President for Health Affairs and
General Counsel, to the President for approval and implementation.
Approved by the Board of Trustees April 17, 2010