1.3.5.1 - Violation of Law and University Policy in General

Alleged violations of or convictions of local, state, or federal law arising from conduct that occurred on campus or off campus can sometimes be violations of the Student Handbook. Similarly, violations of this Handbook are sometimes also potential violations of criminal law. The University acknowledges that simultaneous adjudication of a student conduct matter and a criminal case may make the criminal case more difficult for a student to defend or for the prosecutor to prosecute.

The University reserves the right to initiate or proceed with the Student Conduct Process, regardless of any pending criminal investigation, charges, arrest, or prosecution arising out of the same or a related factual situation. At the discretion of the Dean of Students, or designee, the student conduct process may be carried out prior to, simultaneously with, or following any related criminal matter.

In certain circumstances in which a student's behavior if proven may constitute a crime the student may withdraw from the University until the criminal charges are resolved. In such situations in which a withdrawal is confirmed by the University registrar, the withdrawal procedures are subject to the following conditions:

The Responding Party will forfeit fees according to Xavier's normal Withdrawal Policy:

• The Responding Party must comply with all interim actions and/or restrictions, up to and including Administrative Separation (Section 3.3.7) imposed by the University; and
• Should the Responding Party wish to re-enroll at Xavier they will be subject to the student conduct process.

The dismissal, failure to prosecute, "no bill" from a grand jury, settlement or reduction in charges of any related criminal matter shall not be grounds for a challenge to any student conduct matter.

The Dean of Students, or designee, reserves the right to request police reports or other records for submission to a student's conduct file for review.

In the event of a report by a person who is not a member of the Xavier Community (i.e. not either a University student or University employee) regarding the conduct of a Xavier student, Xavier will address the report in accord with the Student Handbook. The University reserves the right to modify these policies as necessary and appropriate due to the fact of a Reporting Party not being a member of the University Community.