Student Handbook

Welcome to Xavier University’s online Student Handbook. The Student Handbook is available in its entirety on this website and can be accessed via the links below. You can also find a printer friendly version of the Student Handbook.

Xavier’s Community Commitments in response to COVID-19 will keep each other and our campus safe. Students are expected to comply with these commitments. Failure to do so may result in a referral to the student conduct process. The Community Commitments may be modified in response to changing conditions and currently are as follows:  

Updates to the Community Commitments will be communicated via email to the campus.

For more information or questions regarding the Student Handbook, please contact the Office of the Dean of Students at (513) 745-3166.

1.1 - General Information

1.1.1 - Vision Statement of Xavier University

Xavier men and women become people of learning and reflection, integrity and achievement, in solidarity for and with others.

1.1.2 Mission Statement of Xavier University

Xavier is a Jesuit Catholic university rooted in the liberal arts tradition. Our mission is to educate each student intellectually, morally, and spiritually. We create learning opportunities through rigorous academic and professional programs integrated with co-curricular engagement. In an inclusive environment of open and free inquiry, we prepare students for a world that is increasingly diverse, complex and interdependent. Driven by our commitment to educating the whole person, promoting the common good, and serving others, the Xavier community challenges and supports all our members as we cultivate lives of reflection, compassion and informed action. 

1.1.3 - Values Statement

Xavier University is based on a Catholic, Jesuit tradition and is committed to supporting the intrinsic value of each human being. This tradition is dedicated to providing students with a caring, supportive, and developmentally enriching environment that focuses on the whole person, influenced by justice and love. Being a member of the Xavier University community is a privilege that carries with it responsibility for the well-being of all other members of the community. At Xavier University, all members of the community share responsibility for the health and safety of fellow students and for the regulation of student conduct. The Standards of Student Conduct are designed to foster the ethical, developmental, and personal integrity of students and to promote an environment that is in accord with the values of respect for oneself, respect for others, respect for authority, respect for community, respect for property, and respect for University values - honesty and integrity. Choosing to join this community obligates you to act in a manner that is consistent with these principles. Civility and respect for all individuals is fundamental to the Xavier educational experience. The "Xavier Way" is building respect for self, others, and the world.

1.1.4 - Xavier University Student Commitment

We are Xavier Musketeers.
We are unique individuals who come together
in the spirit of St. Ignatius,
to learn together, to serve together
and we will succeed in changing the world together.
We act with integrity, justice and generosity.
All for one and one for all.

1.1.5 - Scope of Policies, Guidelines, and Procedures Contained in the Student Handbook

It is the obligation of every Xavier University student (undergraduate, graduate, traditional, non-traditional, full-time, part-time, on-campus, or off-campus resident) to comply with the policies, guidelines, and procedures within the Xavier University Student Handbook as a condition of enrollment noting that some aspects of the contents specifically refer to specific student populations. Additional policies, guidelines and procedures may be utilized by offices, colleges, departments or programs within Xavier consistent with the policies in the Student Handbook. In the event of a conflict between those policies, guidelines or procedures and the Student Handbook, the Student Handbook will apply unless otherwise noted herein.

The Code of Student Conduct and the student conduct process apply to the conduct of individual students, both undergraduate and graduate, and all University affiliated student organizations.

For the purposes of student conduct, the University considers an individual to be a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest at the University.

The contents of this Handbook apply to all students who represent Xavier in any capacity where University resources (human or fiscal) support a program, event, or trip (domestic or international). It is within the rights of any faculty member, club or organization advisor, or any person functioning as a University agent and a responsible party for a University-sponsored trip or educational experience (academic or co-curricular) to take prudent action when violations occur based on inappropriate choices that may place a student at risk of harming self or others. This may include ending the experience for the entire group or sending a student back to Xavier at the person's personal expense.

Any violation of this Handbook will be handled according to the Student Conduct Process set forth in Part 3 of this Handbook.

The Student Handbook applies when a student is accused of violating Xavier policy by a fellow student, employee (staff and faculty), contractor, or third party (i.e., visitor to campus). The Harassment Code and Accountability Procedures applies when an employee or contractor is accused of violating Xavier policy by a student, employee, contractor, or third party.

1.1.6 - Official Version Provision

All students are responsible for knowing, understanding, and abiding by the terms of the official version of this Handbook. The official version of this Handbook is located on Xavier's website at http://www.xavier.edu/handbook. The link to the official version of this Handbook will be emailed to all students annually.

The University reserves the right to make changes to the Student Handbook at any time and once those changes are posted online, they are in effect. Annual notice of changes to this Student Handbook will be provided to students through the Campus portal, e-mail system or by some other method reasonably intended to reach all students.

This version is authorized for use effective as of its posting to the Dean of Student's website and replaces any prior versions, including any prior statements regarding Standards of Student Conduct at Xavier University. Students are encouraged to check online at http://www.xavier.edu/handbook for the updated version of all policies and procedures.

1.1.7 - Official Email Address for University Correspondences

A Xavier University email address will be provided to all enrolled students and will act as the official email address for University correspondences. To ensure that University communications are received, all official electronic correspondences sent from Xavier University administration to the student population will be sent to the student's Xavier email address. Check this email account regularly as you are responsible for all correspondence received at that address. Questions regarding your email account can be addressed by contacting the Help Desk at 513-745-HELP. 

1.2 - STUDENT ISSUES

1.2.1 - STATEMENT ON STUDENT RIGHTS

A university community requires an environment conducive to intellectual and personal growth of its students. Since actions of each individual affect this climate, Xavier University expects responsible conduct on the part of every student who is a member of this university community.

To further its objectives, and in recognition of students as members of the Xavier University community, Xavier has adopted the following:

  1. Applicants who meet specifically stated requirements will be eligible for admission to Xavier and for participation in all of its programs without regard for race, color, age, creed, religion, gender, sexual orientation, gender identity and expression, ancestry, national origin, disability, political beliefs, military status, unfavorable military discharge other than dishonorable and marital status. (Admission may be denied based on prior criminal history.)
  2. Students have the freedom to express reasoned exception to the data or views offered in any courses of study for which they are enrolled but are responsible for learning the content of the courses.
  3. For purposes of gaining academic credit, students shall be evaluated in terms of stated course competencies and requirements and not on personal or political beliefs.
  4. Disclosure of a student's personal or political beliefs confidentially expressed in connection with course work will not be made public without explicit permission of the student.
  5. Students will be informed of all rules, rates, and regulations deriving from contractual arrangements with Xavier before signing any such contracts.
  6. Students on campus or residing in University-owned housing will be secure against any unreasonable invasion of privacy, search or seizure but are responsible for compliance with all University regulations.
  7. Students are free to form, join, and participate in campus organizations for educational, religious, social, political, cultural or other purposes.
  8. Students are free to use campus facilities for meetings of registered and officially recognized organizations, subject to uniform regulations as to time and manner governing the facilities.
  9. Students' records may be released in accordance with provisions of the Family Educational Rights and Privacy Act of 1974 (see Section 1.8, "Family Educational Rights and Privacy Act" of this Handbook) or as outlined in Section 3.6.3 ("Confidentiality and Disclosures") of this Handbook.
  10. Students are free, individually or in association with other individuals, to engage in activities not sponsored by Xavier, exercising their rights as citizens of the community, state and nation, provided they do not purport to represent Xavier.
  11. As appropriate, students will have their views and welfare considered in the formation of University policy and will be consulted by, or represented on, University councils and committees, which affect students as members of the Xavier community.
  12. Students are free to assemble, demonstrate, communicate and protest, recognizing that freedom requires order, discipline and responsibility, and further recognizing the right of faculty and other students to pursue their legitimate goals without interference.
  13. Students will be exempt from disciplinary action or dismissal from Xavier except for academic ineptness or lack of reasonable progress, failure to pay University debts, or violation of student or University rules and regulations.
  14. Students are free to be present on campus and to attend classes pending action on criminal or civil charges, except for reasons relating to their physical or emotional safety and well-being, or for reasons relating to the safety and well-being of students, faculty, staff, University property, or for other reasons outlined in the Student Handbook. Students are subject to local, state, and federal statutes.
  15. It is recognized that all members of the community have the responsibility to conduct themselves in a manner that does not violate the rights, property, and freedoms of others.
  16. Editorial freedom in student publications and media shall be given under the following guidelines:
    • Students shall be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo.
    • All University published and/or financed student publications should explicitly state on the editorial page that, "the opinions expressed are not necessarily those of Xavier or of the student body."
    • Editors shall be protected from arbitrary suspension and removal because of student, administrative or public disapproval, and editorial policy or content. Only for proper and stated causes shall editors be removed by the proper agency responsible for their appointment.
  17. Students have the right to establish and maintain duly constituted governments, associations, and organizations to the extent approved by Xavier. A statement of purpose and/or a constitution shall be submitted for approval to the Office of Student Affairs or designee to become officially recognized by Xavier.

1.2.2 - ACADEMIC MATTERS

1.2.2.1 - GOOD STANDING

A student in "good academic standing" is defined as a student who has earned a cumulative grade point average of 2.000 or better (a "C" average or better).

1.2.2.2 - ACADEMIC TRANSCRIPT

Actions regarding academic warning, probation, suspension, and dismissal will be noted on the student's transcript.

1.2.2.3 - ACADEMIC WARNING

Any freshman in a baccalaureate program whose cumulative average is 1.750 to 1.999 receives an academic warning. A warning may be issued for one semester only and may not follow a term on probation.

1.2.2.4 - ACADEMIC PROBATION

Any student in an associate's degree program whose cumulative average falls below 2.000 is placed on academic probation. A freshman in a baccalaureate program whose cumulative average falls below 1.750 is placed on academic probation. Any upperclassman in a baccalaureate program whose cumulative average falls below 2.000 is placed on academic probation. Academic probation can be imposed by the Academic Dean at the end of any term. While on probation a student may be restricted to a reduced course load, and/or receive other stipulations intended to improve the student's academic success. Academic probation is removed when the student's cumulative average rises to 2.000 or above.

1.2.2.5 - ACADEMIC SUSPENSION

Students on academic probation who fail to restore their cumulative grade point average to 2.000 within two semesters will be suspended. In addition, freshmen and probationary students who receive more than one failing grade within a single term will be suspended. Suspension will be enforced unless in the judgment of the Academic Dean there are extenuating circumstances. One fall or spring term must elapse before a suspended student may reapply.

1.2.2.6 - ACADEMIC REACTIVATION

A suspended student who wishes to return is required to complete an electronic Reactivation Form, available in the Office of the Registrar or Academic Dean's office. Reactivation and the conditions for such will be determined by the Academic Dean of the college that issued the suspension letter. All prior financial obligations must be settled with the Office of the Bursar prior to reactivation. Outstanding conduct issues may require a meeting with the Dean of Students.

1.2.2.7 - ACADEMIC DISMISSAL

A student who has been readmitted after a period of suspension and who fails to meet the terms of the readmission as stipulated by the appropriate college Academic Dean will be dismissed from Xavier and is not eligible to return.

1.2.2.8 - HANDLING OF ACADEMIC ISSUES

Academic issues such as academic standing and academic honesty may be governed by other documents and policies including the Xavier Catalog or the policies, procedures or handbooks of any Xavier colleges, departments, programs or classes, and those other documents take precedence over the terms of this Student Handbook.

1.2.3 - LOCAL ADDRESS

It is the responsibility of each student living off campus to furnish local address information to the Office of the Registrar and to subsequently notify the Office of the Registrar of any local address changes. Failure to do so could constitute a student conduct violation for failure to cooperate with University officials.

University notices mailed to a student's local address on file with the Office of the Registrar will be deemed to have reached the student.

1.2.4 - FINANCIAL OBLIGATIONS

Students are responsible for the payment of all financial obligations as scheduled in Xavier catalogs and other official notices. Satisfactory arrangements must be made with the Bursar's Office for the settlement of all accounts before a student may register, receive a diploma, obtain a transcript, or have enrollment or degrees conferred/confirmed. The cancellation of a student's enrollment may result if bills are past due and payment obligations have not been met. In addition, the Bursar Office may email the student requesting payment in full. If the charges remain unpaid after standard in-house collection procedures, the account may be placed with a third party collection agency and assessed standard interest and collection cost.

1.2.4.1 - NON-PAYMENT OF TUITION AND FEES

Should a student have an outstanding balance on their Bursar account for a semester other than the current academic term, that student is ineligible to attend classes, participate in co-curricular activities, access University services, register for classes, or obtain official University documents (e.g., transcripts, diplomas) until the Bursar account has been satisfied in full. For example, if a student has an outstanding balance for fall semester, and the account has not been satisfied by beginning of spring semester, all rights and privileges afforded a Xavier University student may be suspended until the balance is paid. If a student has questions regarding holds placed on their Bursar account, they can call the Bursar's Office (http://www.xavier.edu/bursar) at 513-745-3435, email xubursar@xavier.edu, or stop by the Musketeer Mezzanine in Justice Hall.

1.2.4.2 - RESTITUTION FOR LOST OR DAMAGED PROPERTY

Students may be required to make restitution when they are responsible for the loss of or damage to University property or found responsible for the loss of or damage to the personal possessions of others. The failure to make timely restitution may result in the replacement cost of the damaged property being charged to the student's Bursar account, where interest may be assessed.

1.2.4.3 - LOANED PROPERTY FROM DEPARTMENT/CLUB

Failure to return property loaned in good faith by Xavier to a student to facilitate their success and development (i.e., textbooks, club sports equipment, calculators, etc.) may result in the replacement cost of the materials or equipment loaned being charged to the student's Bursar account.

1.2.5 - IMMUNIZATION REQUIREMENTS

Scope of the policy:

  1. Incoming degree-seeking undergraduate, and Transfer students. (Note: additional requirements for certain Xavier programs already exist and are customized to the particular program, ex: nursing, occupational therapy, etc.); and
  2. All incoming international students (undergraduate, graduate, non-degree).
  3. Students in solely on-line programs, and who do not participate in any in-person University courses, events or activities are not included in these requirements. Students in on-line programs who enroll in an in-person course will be required to comply with all immunization requirements as outlined below.

Required Vaccinations:

See section 1.2.5.1 for COVID-19 vaccine requirements

 

Students may meet these requirements by submitting their physician-certified immunization record through the Med+Proctor platform.

Other health requirements may apply to international students.

Failure to submit the required information may block students from registering for classes.

The Ohio Revised Code ("O.R.C.") Section 1713.55 states that beginning with the academic year that commences on or after July 1, 2005, an institution of higher education shall not permit a student to reside in on-campus housing unless the student (or parent if the student is younger than 18 years of age) discloses whether the student has been vaccinated against meningococcal meningitis and hepatitis B by submitting a meningitis and hepatitis B vaccination status statement. O.R.C. Section 3701.133 states that the Ohio Department of Health (ODH) shall make available on its website information about meningitis and hepatitis B, the risks associated with the diseases and the availability and effectiveness of the vaccines. ODH shall also make available, on its website, in a format suitable for downloading, a meningitis and hepatitis B vaccination status statement form that complies with the guidelines outlined in O.R.C. Section 3701.133(B). This information and a meningitis and hepatitis B vaccination status statement form can be found at:https://www.odh.ohio.gov/odhprograms/bid/immunization/collegeimm.

Immunization Exemption

To best protect the health of the campus community as a whole, a high level of compliance with the vaccination requirements is required. The University will consider allowing individualized immunization exemptions on a case-by case basis for students as follows:

Students with exemptions will be asked to sign a form stating they agree to leave campus and not attend classes during an outbreak on campus. To protect the health of unvaccinated students during an outbreak, Xavier Health Services will keep a list of students with exemptions and, after consulting with the local public health department, will inform the students of the need to leave the campus during an outbreak.

 

1.2.5.1 COVID-19 VACCINATION REQUIREMENTS

Scope of the policy:

Students in solely on-line programs, and who do not participate in any in-person University courses, events or activities are not included in these requirements.  Students in on-line programs who enroll in an in-person course will be required to comply with all immunization requirements as outlined below.

 

COVID-19 vaccination requirements:

 

Students may meet these requirements by submitting their CDC COVID-19 immunization card  through the Med+Proctor platform.

Failure to submit the required information may limit a student’s eligibility to participate in certain Xavier programs.

COVID-19 Immunization Exemption Requests

To best protect the health of the campus community as a whole, a high level of compliance with the vaccination requirements is required. The University will consider allowing individualized immunization exemptions on a case-by case basis as follows:

Medical exemption requests will be reviewed by Xavier’s Health & Wellness Services staff.  Religious exemption requests will be reviewed by University officials. Students who receive an approved exemption may be required to leave campus and not attend classes during an outbreak in any part of campus. To protect the health of unvaccinated students during an outbreak, Xavier Health Services will keep a list of students with exemptions and, after consulting with the local public health department, will inform the students of the need to leave the campus (or parts of it) during an outbreak. If a student receives an exemption and does not receive the immunization, the student may be restricted in their ability to participate in certain University programs and may be required to participate in risk-reduction practices including but not limited to mandatory surveillance testing. Students who receive an approved medical exemption should contact the Office of Disability Services for assistance in determining if there are available reasonable accommodations available to allow full or partial participation. Students whose request for an immunization exemption is denied will be expected to comply with the immunization requirements outlined above.

1.2.6 - ALL CARD

In order to properly identify oneself as a member of the Xavier community, students should carry their ALL Card at all times. Students should be able to identify oneself by presenting an ALL Card to University officials when requested to do so.

ALL Cards are non-transferable. The unauthorized possession, duplication, or use of ALL Cards is prohibited. Using an ALL Card issued to another person to gain unauthorized entry to an event, meal, or for any other purpose (whether or not payment is required) is strictly prohibited (e.g., Hoff Dining Center, O'Connor Sports Center, basketball game or other sporting event, etc.). The owner of the ALL Card as well as the person using the owner's ALL Card will be held responsible through Xavier's Student Conduct Process.

The ALL Card is the property of Xavier and must be surrendered upon the request of a University official.

1.2.6.1 - LOST, BROKEN AND REPLACEMENT ALL CARDS

If an ALL Card is lost or broken, the student should report this online and deactivate the card at e-Accounts. If necessary, the ALL Card Center will have a new card issued. There is a $25.00 fee to replace lost or damaged cards.

1.2.6.2 - MEAL PLAN VERIFICATION AT CAMPUS FOOD OUTLETS

In order to use your meal plan, Dining Dollars, or XCash at any of Xavier dining outlets (e.g., Hoff Dining Center, Ryan's Pub or any other retail dining outlets) a student must present their ALL Card in order to verify that the account is valid and active.

The ALL Card must be presented by each student at each meal with no exceptions (including student leaders, student athletes, and members of student organizations). If a student cannot present their ALL Card, the student will not be permitted to enter the dining facility or order food until the ALL Card is presented. Simply giving one's name and ALL Card number is not sufficient.

Consumption of any item owned by the dining facility without presenting an ALL Card or paying for a meal will be considered theft. Violation of this policy will subject the student to Xavier Conduct Process.

1.2.7 - ATTENDANCE POLICIES

Based on academic freedom, the attendance policy for a class is at the sole discretion of the instructor. This includes the attendance requirements stated in the course syllabus, the manner in which excused and unexcused absences affect a student's class grade, and when absences are considered excused or unexcused.

1.2.7.1 - CLASS ABSENCE FOR PARTICIPATION IN OFFICIAL UNIVERSITY EVENTS

A student participating in an approved University activity that requires their absence from a class should consult with the instructor no later than the second week after the start of classes, or as soon as the information about the absence is known, to determine the class attendance policy related to absences for participation in official University events. The student should also provide the instructor with a written schedule of planned absences in order for the instructor to evaluate and advise the student on the possible impact of the planned absences. Students are responsible for providing accurate information regarding the dates of the planned absences.

If a class attendance policy is incompatible with the number of planned absences, students should seek the instructor's advice regarding whether the student should register for another section of the class, if possible, during a semester in which they will not be participating in Xavier activity (for example, during the off-season for a sports team or during the summer).

Any student who will be absent from class for participation in an official University event should request in advance any assignments that may be missed during the absence, so that they will not fall behind in the coursework.

1.2.8 - FUNDRAISING

A fundraising permit must be completed by any club or organization that is attempting to raise money, on- or off- campus, for its own purposes or for charity. The form can be found online at: https://www.xavier.edu/student-involvement/forms

1.2.9 - UNIVERSITY PROTOCOL FOR CAMPUS PUBLIC SPEAKERS AND EVENTS

 

For information regarding University Protocol for Campus Public Speakers and Events, please visit the Office of Student Involvement website:

https://www.xavier.edu/student-involvement/documents/university-protocol-for-campus-public-speakers-and-events.pdf

1.2.10 - TRAVEL POLICY

For policy and other information regarding Student Domestic Travel, please visit the Office of Student Involvement website:

https://www.xavier.edu/student-involvement/forms 

 

For policy and other information regarding Student International Travel, please visit the Center for International Education website:

https://www.xavier.edu/study-abroad/study-abroad-forms

 

1.2.11 - USER ACCOUNTS

Xavier has developed a policy specifying eligibility for user email and computer accounts for students, faculty, and staff at Xavier University. The User Accounts Policy describes the processes for creation and deletion of user email and computer accounts. Further information for User Accounts can be found at http://www.xavier.edu/policy/documents/User-Account-Policy.pdf.

1.2.12 - PRIVACY OF ELECTRONIC INFORMATION

Xavier's Policy on the Privacy of Electronic Information governs the privacy and protection of electronic information stored on or transmitted through Xavier computers, devices, servers, systems, or equipment. This policy can be viewed online at http://www.xavier.edu/policy/documents/Policy-on-the-Privacy-of-Electronic-Information.pdf.

1.2.13 - STUDENT INJURY OR ILLNESS

A student should notify the Xavier University Police Department ("XUPD") or a University Official immediately in the event of personal illness or injury. If emergency health services are needed after Health Center hours, a Residence Life staff member or a XUPD Officer can contact the appropriate emergency or medical resources for assistance.

University employees cannot transport a student to the hospital. Any visit to the hospital will be at the student's expense. It is advisable for the student to check with their insurance agency to see if hospital visits are covered by their health care plan.

Students seeking medical care should consult their health insurance plan to identify the health care providers that are included in their particular plan. Xavier Health Services maintains a partial list of health facilities and resources in the Cincinnati community. Refer to Health Services web site: http://www.xavier.edu/health-wellness/health.

1.2.14 - STUDENT HEALTH INSURANCE

Xavier University requires all full-time undergraduate students registered for 12 or more credit hours to have health insurance. Health insurance provides students with access to the health care system and to necessary medical services in order to support their academic success.

Students are automatically enrolled in the student health insurance plan and a health insurance charge is placed on the Bursar bill. The student health insurance charge may be waived by providing proof of existing health coverage. An explanation of the student health insurance plan and waiver process may be found on Wellness Services web site: http://www.xavier.edu/health-wellness/insurance.

1.2.15 SPORTS WAGERING

Xavier’s Policy Prohibiting any Participation in Sports Wagering prohibits all students, faculty, and staff, as well as contractors, employees of contractors, and volunteers who provide any services to the Xavier University Department of Athletics, Xavier University’s intercollegiate athletic teams, and/or student athletes from participating in any sort of sports wagering, even if permitted by law. This policy can be viewed online at https://www.xavier.edu/hr/documents/policy-prohibiting-any-participation-in-sports-wagering.pdf 

1.2.16 CONCERNS FOR STUDENT WELLBEING

1.2.16.1 STUDENT CONCERN REPORT

 At Xavier University, care for all members of our campus community is a natural extension of our University mission and values. All Xavier community members can help support students who are in need of personal or academic assistance by submitting a Student Concern Report through the link below. In addition, Xavier students, faculty and staff are encouraged to report concerning behavior or violations of the Xavier University Code of Student Conduct. 

Student Concern Report

1.2.16.2 WELLNESS CHECKS

University staff may initiate a wellness check to assess a students’ wellbeing. At the discretion of the Dean of Students or designee, a wellness check will be conducted for serious concerns about a student’s wellbeing. A wellness check may include, but is not limited to, in-person contact with the student at their place of residence. Depending on the student and individual situation, failure to respond can be considered an emergency and family may be contacted, consistent with the University’s FERPA policy. The goal of any wellness check is to build safe communities and to assess the safety and wellbeing of all campus community members.

1.3 - CAMPUS SAFETY AND SECURITY

1.3.1 - Inclement Weather Policy

Listed below are the basic categories of University response to serious inclement weather and/or emergency conditions. XU ALERT ME is the communication tool to keep students, faculty, and staff informed during threatening situations and weather-related closings. Announcements on local TV and radio stations may also indicate which of the following category applies.

1.3.1.1 - CLASSES ARE CANCELLED/UNIVERSITY CLOSED

Classes will not be held and/or University offices will be closed. University employees are not expected to report to work unless specifically contacted by their supervisor to report for emergency operations. It is expected that the use of this category will be rare.

1.3.1.2 - CLASSES ARE CANCELLED/UNIVERSITY OFFICES ON DELAYED START

On such days, classes before the defined time are cancelled and University offices will remain closed until a specific time. Employees are not required to report to work prior to the announced start time and will not be required to make up the missed time. Emergency essential personnel should still report as scheduled.

1.3.1.3-NOTIFICATION

Xavier will provide updates on the Xavier website at www.xavier.edu. In the event that classes are cancelled and the University is closed, XU ALERT ME will be activated to send voice and text messages to those who are registered in the emergency notification system (this system is not activated to announce delayed starts). In the event of a severe thunderstorm/tornado warning, (but not severe thunderstorm/tornado watch), alarm sirens will be sounded in the city. Members of the University community should immediately tune to a local TV or radio station to determine which type of storm is occurring. If there is a severe thunderstorm warning, then it is safe to remain in a residence hall room. In the event of a tornado, residence life staff will instruct residents to stay in basement corridors, not rooms or apartments of the building. It is important that students remember to keep clear of all windows. Failure to heed instructions of staff is grounds for student conduct action.

1.3.2 - OUTDOOR EVENTS

This policy describes the parameters for reserving space and conducting outdoor events at Xavier University's outdoor venues by offices, departments and organizations of Xavier. It is available on the Office of Student Involvement's website (http://www.xavier.edu/student-involvement).

1.3.3 - CLERY ACT

Federal law, known as the Clery Act, mandates reporting and disclosure procedures for higher education institutions. The Clery Act requires every institution to provide the campus community with information necessary to make informed decisions about their health and safety. The Clery Act specifically mandates every institution to do the following: (1) have emergency notification and evacuation procedures; (2) issue timely campus alerts for crimes that represent an ongoing threat to the safety of students or employees; (3) keep a crime and fire log; (4) collect crime reports from campus security authorities; (5) request crime statistics from local law enforcement; (6) submit crime and fire statistics to U.S. Department of Education; (7) publish an annual security report and fire safety report. For more information on the Clery Act, see 10 U.S.C. Section 1092 or http://www2.ed.gov/admins/lead/safety/handbook.pdf.

1.3.4 - EMERGENCY RESPONSE

Xavier University will immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation, occurring on the campus, involving an immediate threat to the health or safety of students and employees on campus. In accordance with the Higher Education Act of 1965, the University has implemented a comprehensive communications system with the primary method of communication being the XU ALERT ME System (Text, Phone, email, and electronic message signs, where available) to provide prompt warning notifications and alerts of immediate threats to the health and safety of members of the campus community. The University may also use additional communication methods including outdoor mass notification system, University website notices, Public Address System (where available), and building fire alarm systems.

Members of the Xavier community are automatically signed up for immediate email notification through Xavier University XU ALERT ME. Additionally, all students are automatically signed up to receive immediate phone notification though the XU ALERT ME system if the student registered a phone number during the enrollment process. Others may check the University website at www.xavier.edu and the Xavier Safety site at www.xavier.edu/safety for updates during an emergency on campus.

The XUPD is primarily responsible for confirming that there is a significant emergency or dangerous situation on campus that could cause an immediate threat to the health and safety of the members of the campus community. The XUPD may be assisted in confirming an emergency by other XU administrators, the local first responder agencies and/or the National Weather Service. For example, there are other departments on campus that could be in a position to assist with confirming certain types of emergencies, such as a pandemic flu outbreak, etc. The Office of University Communications, the XUPD, and/or Clery Compliance and Safety Coordinator have access to the systems to notify the campus community of immediate threats that have occurred and necessitate evacuation, shelter in place, or other action on the part of students, employees, and campus visitors. These departments, in conjunction with the Xavier University Campus Emergency Response Team, have the authority to determine the appropriate segment or segments of the campus community that will receive alerts, to determine the content of the alert, and to initiate the notification system.

Xavier University will, without delay and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the judgment of the first responders (including, but not limited to: XUPD, CPD/NPD, and/or the CFD/NFD and Emergency Medical Services), compromise the efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.

In the event of a failure in the systems (technology) listed above, the University may use face-to-face communication. The University typically provides follow-up information to the community using the same systems that were used to send out the original alert. The information will also be updated on the Xavier University Safety website.

Members of the larger community, such as parents, neighbors, etc. interested in receiving information about emergencies on campus may access the Xavier University Safety website at www.xavier.edu/safety and via local and/or national news coverage.

1.3.5 - Violation of Law and University Policy

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 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.

1.3.5.2 - Reporting a Crime, Fire or Getting Emergency Assistance

Employees and students are advised that they are responsible for being aware of and complying with University policies/procedures, and applicable law. Employees and students are encouraged and obligated to accurately, voluntarily, and promptly report crimes, emergencies, potential threats, or risks to the appropriate University office(s). Crimes and other emergencies should be reported to the XUPD at 513-745-1000 for an emergency and 513-745-2000 for non-emergencies. Victims or witnesses of crimes on campus may report those crimes confidentially for inclusion in the annual crime disclosure by calling or texting 513-709-STOP (7867); further, they may also be reported confidentially through the Xavier University Hotline as further described at http://www.xavier.edu/risk-management. Criminal or suspicious acts, including fires and other emergencies, should be reported to the police immediately in person, by telephone, or by using one of the assistance phones strategically located around campus. Information is kept in the strictest confidence.

1.3.5.3 - Reporting Options

 If you are the victim of a crime and do not want to pursue action within the University system or the criminal justice system, you may still want to consider seeking support and advocacy services. Confidential resources on Xavier's campus include counselors, physicians, and nurses at Xavier Health and Counseling and Psychological Services and clergy when the person is acting within their professional capacity. In addition, Xavier's Advocacy and Prevention Coordinator (providing comprehensive advocacy and support services to students who have experience interpersonal violence, such as sexual harassment, sexual violence, intimate partner violence, and stalking) is a confidential resource. The Advocacy and Prevention Coordinator will provide non-personally identifying information on the reports they receive to the Title IX and Interpersonal Violence Response Office (hereafter Title IX Office) and/or Xavier's Clery Coordinator for purposes of the annual statistics.

For interpersonal violence crimes and conduct (e.g., Sexual Harassment, Sexual Assault, Rape,  Stalking, Domestic Violence, Dating Violence, Other Interpersonal Violence, and Retaliation) when reporting to a XUPD Officer and/or Xavier's Title IX Office, a victim of a crime or prohibited conduct may state their preference that no further investigation action proceed. All reasonable steps will be taken to honor that request while allowing Xavier personnel to meet their responsibility to provide a safe, nondiscriminatory environment for all students, staff and faculty. If a victim requests to make a confidential report, XUPD and the Title IX Office will count and disclose that report in the annual crime statistics for the institution without revealing the victim's identity. This allows the University to keep an accurate record of the number of incidents involving students, employees and visitors; determine where there is a pattern of crime with regard to a particular location, method, or assailant; and alert the campus community to potential danger.

A Pastoral Counselor is defined as an employee of an institution, who is associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling and who is functioning within the scope of that recognition as a pastoral counselor.

A Professional Counselor is defined as an employee of an institution whose official responsibilities include providing psychological counseling to members of the institution's community, and who is functioning within the scope of their license or certification.

The Xavier University Police encourages pastoral and professional counselors, if and when they deem it appropriate, to inform the persons they are counseling to voluntarily report the incident to the Xavier University Police on a confidential basis for inclusion of the annual disclosure of crime statistics.

Please note that reports of interpersonal violence crimes and conduct will be reported by XUPD to the Title IX Office and cannot be held in confidence.

Assistance for Reporting Parties: Rights and Options

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, the University will assist victims of Sexual Harassment, Sexual Assault, Rape, Stalking, Domestic Violence, Dating Violence, Other Interpersonal Violence, and Retaliation, and will provide each victim with a written explanation of their rights and options. Such information shall include:

In Ohio, a victim of domestic violence, dating violence, sexual assault or stalking has the following rights: A victim's state constitutional rights are found in Article I, Section 10a of the Constitution of Ohio: "Victims of criminal offenses shall be accorded fairness, dignity, and respect in the criminal justice process, and, as the general assembly shall define and provide by law, shall be accorded rights to reasonable and appropriate notice, information, access, and protection and to a meaningful role in the criminal justice process." For further information on Victim's Rights in the State of Ohio, visit the Attorney General's webpage at https://www.ohioattorneygeneral.gov/About-AG/Service-Divisions/Crime-Victim-Services .

Xavier University complies with Ohio law in recognizing orders of protection and encourages any person who obtains an order of protection from any U.S. state to provide a copy to XUPD and the Office of the Title IX Office. A Reporting Party may then meet with XUPD to develop a Safety Action Plan, which is a plan for XUPD and the victim to reduce risk of harm and promote safety while on campus or coming and going from campus. This plan may include, but is not limited to escorts, providing a temporary cellphone, changing classroom location, supervisor, work location, or allowing a student to complete assignments from home. The University cannot apply for a legal order of protection for the victim from the applicable jurisdiction(s). The victim is required to apply directly for these services. For access to all required forms related to orders of protection, visit the Clerk of the Courts page at https://www.courtclerk.org/forms-filings/common-pleas-forms

XUPD is located in Flynn Hall across from the Commons Apartments. The dispatch office is staffed 24 hours a day and the department's dispatchers are always available to answer questions or to have an officer respond to assist.

Below are a few tips for contacting the police.

XUPD encourages everyone that has become a victim of crime to come forward and report it to the police. However, on occasion and depending on the nature of the crime the victim may decide not to press charges. This is the victim's option. Just because a report is filed with the police department does not mean that criminal charges have to be filed. Students also have the option of contacting other .University resources, such as the Xavier University Center for Diversity and Inclusion, Xavier's Title IX Office, the Office of the Dean of Students or confidential campus resources, such as Health and Counseling Services, Psychological Services Center, and Xavier's Advocacy and Prevention Coordinator. For further information on confidential resources, see Title IX Sexual Harassment and Interpersonal Violence Reporting and Support Options.

Crimes can also be reported to XUPD for the purpose of making Timely Warning reports and the annual statistical disclosure. XUPD has two phone numbers. (513) 745-1000 is for police, fire and rescue emergency calls. (513)745-2000, is for non-emergency calls.

Xavier University maintains a confidential anonymous hotline that enables the community to report crimes/incidents 24 hours a day anonymously by calling 1-855-481-6238 or by following this link to the ''Make Report" area of the website. https://secure.ethicspoint.com/domain/media/en/gui/34090/index.html

IMPORTANT NOTICE: THIS IS AN ANONYMOUS TIP LINE AND IS NOT FOR EMERGENCIES. CALL (513) 745-1000 or 911 if you have an emergency.

The XUPD is located in Flynn Hall across from the Commons Apartments. The dispatch office is staffed 24 hours a day and the department's dispatchers are always available to answer questions or to have an officer respond to assist.

1.3.5.4 - Response to Reported Incidents

Additionally, reports may be made to the Dean of Students for review and potential action by calling 513-745-3166 or by accessing the online reporting form at http://www.xavier.edu/studentconcern In addition; a call to XUPD will connect the caller to one of the dispatchers. Dispatchers are available at XUPD (513-745-1000) 24 hours a day to answer your calls. In response to a call, XUPD will take the required action, either dispatching an officer or asking the victim to report to XUPD to file an incident report. All reported crimes will be investigated by the University and may become a matter of public record to the extent they are noted on the Crime Log. XUPD incident reports are forwarded to the Dean of Students for review and possible referral for disciplinary action through the Student Conduct Process, as appropriate. XUPD Officers, the Title IX Office, the Dean of Students, or others as denominated in the Student Handbook will investigate a report when it is deemed appropriate. Additional information obtained via the investigation will also be forwarded to the appropriate person/office such as XUPD, the Title IX Office, the Dean of Students or others as denominated in the Student Handbook. If assistance is required from the Cincinnati or Norwood Police Department or the Cincinnati or Norwood Fire Department, XUPD will contact the appropriate unit when warranted, although any member of the Xavier community is always encouraged to report incidents that could constitute crimes to local law enforcement. If Sexual Harassment, Sexual Assault, Rape, Stalking, Domestic Violence, Dating Violence, Other Interpersonal Violence and/or Retaliation should occur, staff on the scene, including XUPD, will offer the victim a wide variety of services which are described in this report, most completely in the following Section: "Services, Security Awareness, and Crime Prevention Information" and those that follow.

1.3.5.5 - University Response to Police Citations Issued to Xavier Students

The Student Conduct Process may also be instituted by Xavier when information is received from the Xavier University Police Department, the Cincinnati Police Department, the Norwood Police Department, or other police entities, about misdemeanor or criminal citations that have been issued to a Xavier University student.

1.3.5.6 - Independent Legal Counsel

While the role of an attorney throughout the Student Conduct Process is limited by the terms of this Handbook, students involved in student conduct matters that may also be criminal matters are encouraged to seek legal counsel. The Cincinnati Bar Association has a referral service and can be contacted at 513-381-8359 or further information can be found at https://www.cincybar.org/LRS/Request-Form.

1.3.5.7 - WORKPLACE VIOLENCE POLICY

Xavier University is committed to providing an environment that is safe, secure, and free from threats, intimidation and violence. This policy intends to ensure that employees do not feel threatened by any person’s behaviors, actions, or conduct. No actions or threats of violence will be tolerated. Workplace Violence complaints against Xavier employees are addressed according to the Workplace Violence Policy,which can be viewed online at https://www.xavier.edu/hr/documents/xavier-workplace-violence-policy-final-02-04-2021.pdf.  

1.3.6 - Parking

All vehicles driven on campus must display a current parking permit. Vehicles may be parked only in designated lined spaces and not in reserved spaces. Directional arrows, parking signs and all traffic laws must be observed. Vehicles parked without permits in campus parking lots are subject to fines, booting, and/or towing.

Vehicles parked on campus or entering University property are subject to inspection by the Xavier University Police. This is a necessary measure to insure public safety on Xavier's campus. Xavier University is not responsible for fire, theft, loss or damage of any kind to any vehicle/contents while on University property.

A list of parking areas is available online at Office of Auxiliary Services - Parking Services' website (http://www.xavier.edu/auxiliary-services/Parking-Areas-and-Maps).

Handicap Parking

1.3.6.1 - Parking for People with Disabilities

A handicap sticker is required for special parking due to health problems in accordance with the law. This sticker must be obtained through the Ohio Bureau of Motor Vehicles. Once obtained and displayed on the vehicle, the individual has the right to park in any designated handicap space with a current Xavier parking permit. Students with questions regarding parking on campus can contact the Office of Auxiliary Services - Parking Services at 513-745-1050, parkingservices@xavier.edu or on the website.

1.3.6.2 - Purchasing Parking Permits

Students are highly encouraged to purchase their parking permits in advance of arriving on campus for the beginning of an academic term. Parking permits are valid from date of purchase until August 15 of the upcoming academic year.

Parking permits may be purchased online through Parking Services at https://xavier.thepermitstore.com. If a permit is purchased online, the receipt may be used as a proof of purchase only until an actual permit is or should have been received by the student.

The following permits may be available for students:

Students must complete the appropriate Parking Permit Application form, which requires the vehicle make, year, model and license plate number. An ALL Card or driver's license is required to verify the student's identity. The cost of a permit will be charged to the student's bursar account, unless the student pays for their permit in the Bursar's office at the time of the sale.

Parking permits remain the property of Xavier University and shall be surrendered upon demand.

1.3.6.3 - Display of Parking Permits

All student parking permits must be permanently affixed to the passenger side of the front windshield, lower right-hand corner. Do not use tape. Permits not properly affixed will be considered invalid. Students must register all vehicles they may use on campus prior to transferring a parking permit from a primary vehicle to a secondary vehicle.

1.3.6.4 - Reporting Stolen Permits

A stolen permit must be reported to the Xavier University Police Department immediately. The permit owner is responsible for violations charged to their permit if the theft is not timely reported to the Xavier University Police Department. Please contact 513-745-2000 for reporting purposes.

1.3.6.5 Parking and Other Traffic Violations

Xavier University Police Department will assess monetary fines for parking and other traffic violations. Fines must be paid within 10 calendar days of the violation or it will automatically be charged to an individual's bursar account. Unpaid or habitual violations may result in increased fines, booting, towing, and/or loss of parking privileges. Vehicles found impeding or obstructing vehicular or pedestrian traffic or left abandoned (including those with no permit, registration or that are nonfunctional) for more than 14 hours are subject to be towed at the owner's expense. Students are responsible for unpaid parking violations incurred by their guests.

Student fines should be paid at the Office of the Bursar or online through Parking Services. Fines may be appealed online as well within 7 days after the date of the violation. After that time, appeals will not be accepted for review. A parking appeals panel made up of current students, faculty, and staff typically meets once a month (unless otherwise needed) to review all timely submitted appeals based on Xavier's rules and regulations. No appeal decisions are made by the Office of Auxiliary Services, Parking Services, or Xavier University Police Department. The decisions of the parking appeals panel are final.

Parking fines are applied to the student's bursar bill if not paid within 10 business days after the violation. A processing fee of $10.00 will be added to any unpaid parking fines.

1.3.6.6 - Parking During Events on Campus

During events on campus (e.g., basketball games, concerts, etc.) students, faculty and staff may be directed to park in alternate on-campus parking lots. Vehicles parked in reserved or restricted lots during major events are subject to tow at the owner's expense. Students should also allow additional time to arrive at their classes. For example, when there are basketball games, students should avoid the C2 parking lot near the Cohen Center on these game nights. It is also strongly recommended that students who have classes on these evenings park in the C5/R3 reserved area in the Norwood Plaza lot or the lots south of Dana Avenue, off of Woodburn Avenue. Students may also park in the South lot on the West Side of campus or the I lot off of Herald Ave. Students should note that special events take place in the Cintas Center year round. Parking spaces, especially the upper "C" lots closer to the Schiff Family Conference Center, will be limited from time to time throughout a given day and sometimes on short notice as a result of special events. Students' cooperation and understanding during these times are appreciated.

1.3.7 - Waivers

"Waivers" is the general term used to refer to a collection of documents, which often must be signed prior to individuals participating in certain experiences both on and off campus. Xavier students, faculty and employees, as well as non-Xavier individuals, may need to sign waivers before participating in an activity. Information about when a waiver is needed, which form(s) to use, and printable copies of the waivers are available on Risk Management and Insurance's website at http://www.xavier.edu/insurance/waivers. Waivers are sometimes called Assumption of Risk/Release and Medical Emergency Forms. Note the waiver forms on the website are the only forms approved by Xavier University for this purpose and may not be modified or changed in any way.

1.3.8 - Sex Offender Registration

The Federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders, already required to register in a State, to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers' services, or is a student.

In Ohio, information on registered sex offenders can be accessed using the website for the Ohio Office of the Attorney General.

1.4 - Community Neighbors

1.4.1 - Suggestions for Good Neighbor Relations

These are suggestions Xavier offers students to improve the quality of life off campus for students and their neighborhoods.

The neighborhoods around campus are communities and everyone living there shares responsibility for each other's safety. If students witness or find out about dangerous or unlawful activities around their homes, they should report it to the authorities as any resident would. Dial 911 for an emergency. The Norwood Police Department can be reached at 513-458-4520. The Cincinnati Police Department - District 4 (Avondale) can be reached at 513-569-8600 and District 2 (Hyde Park) can be reached at 513-979-4400. The citywide Cincinnati Police Department dispatch number is 513-765-1212.

Students are encouraged to introduce themselves to their neighbors. Likewise, they are encouraged to involve their neighbors in campus activities. Let them know what games, concerts, or other events are scheduled and bring them with you.

Students are also encouraged to involve themselves in their community's activities. Attend community council or association meetings and other activities when possible. The Eigel Center is the hub of Xavier's community engagement network that extends the campus into the community. Information and other resources related to community involvement can be found at the Eigel Center's website (http://www.xavier.edu/eigelcenter).

Know your rights and responsibilities under Ohio's Landlord - Tenant Laws. This and other information for students living off- campus are available at Xavier's website (http://www.xavier.edu/commuter/resources).

1.4.2 - Procedures for Making a Complaint about Off-Campus Neighbors

Complaints about off-campus neighbors should be called into the Xavier University Police Department at the time the disturbance is occurring to generate a complaint record. Call 513-745-2000 for non-emergencies and 513-745-1000 for emergencies. Depending upon the nature of the complaint, you may also wish to call either the Cincinnati Police Department (citywide dispatch) at 513-765-1212 or the Norwood Police Department at 513-458-4520.

When making a complaint, please furnish as much information as possible. The Officers of the Xavier University Police Department should know the address of the house at which the disturbance is taking place or license plate numbers if there are parking violations involved.

The Xavier University Police Department Officers will respond to complaints by members of the communities surrounding Xavier. Normally, if they respond to a disturbance they will speak to responsible parties at the address and advise them a complaint has been received. At the Officers' discretion, and if warranted, a request may be made to terminate the event.

1.5 - Non-Discrimination

1.5.1 - Non-Discrimination General Information

Xavier University affords equal opportunity to all qualified students regardless of race, color, age, creed, religion, gender, sexual orientation, gender identity and expression, ancestry, national origin, disability, political beliefs, marital status, military status, or genetic information. Discrimination against any individual on the basis of any of the above characteristics will not be tolerated. Retaliation against individuals for reporting discrimination, participating in the investigation of a complaint of discrimination, or for enforcing this policy is also strictly prohibited.

Violations of this policy by a Xavier student are addressed according to the Student Conduct Process and/or Harassment Code and Accountability Procedures. (https://www.xavier.edu/policy/hcap) Any student found to be engaging in any type of unlawful discrimination, harassment, and/or retaliation may be subject to sanctions through the Student Conduct Process up to and including expulsion.

Discrimination and harassment complaints against Xavier employees are addressed according to the Harassment Code and Accountability Procedures. Any employee found to be engaging in any type of unlawful discrimination, harassment and/or retaliation may be subject to sanctions through the HCAP up to and including termination.

Xavier community members, visitors to campus, or third parties complaining of any type of discrimination or harassment by a Xavier student are encouraged to bring them to the attention of The Dean of Students, Jean Griffin, Gallagher Student Center, Room 302, 3800 Victory Parkway, Cincinnati OH 45207-2120, 513-745-3166. Xavier community members, visitors to campus, or third parties complaining of any type of discrimination or harassment by a Xavier employee or contractor are encouraged to bring them to the attention of Affirmative Action Officer, Connie Perme, Office of Human Resources, Alumni Center Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3632. For more information about how to report a violation by a Xavier student, see Section 3.2 ("How to Report an Incident Believed to Be a Violation") of this Handbook.

1.5.1.1 - Title IX of the Education Amendments Act of 1972

This law provides that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance...." This includes protection from sexual harassment, sexual violence, domestic violence, dating violence, and stalking as well as discrimination and harassment based on an individual’s status as pregnant or parenting. In accordance with Title IX, Xavier University does not discriminate, exclude from participation in, or deny benefits of its educational programs, admission policies, activities, or employment policies and opportunities on the basis of gender. Xavier's Title IX Office monitors compliance with this law and coordinates Xavier's response to complaints of discrimination based on sex, including assisting Reporting Parties in receiving any medical, mental health or other services and facilitating any interim protective measures that may be warranted. Inquiries concerning the application of Title IX and Xavier’s Title IX policies may be referred to Xavier's Title IX and Interpersonal Violence Response Coordinator (hereinafter Title IX Coordinator):

Kate Lawson, Gallagher Student Center Room 332B,
3800 Victory Parkway, Cincinnati, Ohio 45207-2120,
513-745-3046, lawsonk1@xavier.edu

Or

Office of Civil Rights, Cleveland Office,
U.S. Department of Education, 600 Superior Avenue East,
Suite 750, Cleveland, OH 44114-2611,
216-522-4970, OCR.Cleveland@ed.gov

1.5.1.2 - Title VI of the Civil Rights Act of 1964

This law provides that, "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." Xavier University does not discriminate, exclude from participation in, or deny benefits of its educational programs, admission policies, activities, or employment policies and opportunities on the basis of race, color or national origin. Students complaining of any type of discrimination or harassment outlined above are encouraged to bring them to the attention of the University via one of the following resources:

• Affirmative Action Officer, Connie Perme, Office of Human Resources, Alumni Center, Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3632, perme@xavier.edu;

• Dean of Students, Jean Griffin, Gallagher Student Center, Room 302, 3800 Victory Parkway, Cincinnati, Ohio 45207-2120, 513-745-3166, griffinj6@xavier.edu

1.5.1.3 - Section 504 of the Rehabilitation Act

This law provides that, "No otherwise qualified individual with a disability in the United States...shall, solely by reason of their disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." Xavier University does not discriminate against qualified individuals with disabilities in its educational programs, admissions policies, activities, or employment opportunities and policies. Students complaining of any type of discrimination or harassment outlined above are encouraged to bring them to the attention of the University via one of the following resources:

1.5.1.4 - American With Disabilities Act of 1990, as Amended

This law recognizes and protects the civil rights of people with disabilities. Disability discrimination includes not making a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Xavier does not discriminate against qualified individuals with disabilities in the context of employment and public accommodations, if any. Inquiries regarding disability discrimination may be directed to:

The Affirmative Action Officer,
Connie Perme, Alumni Center Room 132,
3800 Victory Parkway, Cincinnati, Ohio 45207-5400, 513-745-3632,
perme@xavier.edu

Or

The Equal Employment Opportunity Commission,
131 M Street, NE
Washington DC, 20507, 202-663-4900, 1-800-669-4000,
http://www.eeoc.gov.

1.5.2 - Observance of Religious Holiday

Xavier University is committed to respecting cultural and religious diversity. Therefore, faculty members and students should make reasonable efforts to provide alternative means to meet academic requirements when conflict arises between religious observances and those requirements. Whenever feasible, students should be given an opportunity to make up, within a reasonable time, any academic assignment that is missed due to individual participation in religious observances. Similarly, faculty members also retain the right to religious observances and, therefore, faculty members may reasonably alter the traditional schedule of class meetings, assignments, and other academic events.

If religious observance will cause a student to be absent from class or otherwise affect their ability to complete academic assignments, they must notify the instructor in advance and make necessary arrangements to complete the entire course.

It is the student's responsibility to inform the instructor of any intended absences for religious observances in advance, preferably at the beginning of each semester (i.e., prior to the end of the 3rd class session). This notification should occur in a mutually convenient and confidential manner. Prior notification is especially important in connection with examinations (in-class and take-home) and other major course requirements. Students are advised that proper accommodation requires the student to complete the entire course; therefore, accommodation does not include the elimination of a portion of the course material. Faculty members need not consider extended travel in order to accommodate religious observance.

If a faculty member must alter classroom expectations and assignments due to their religious observance, they should give students advance notice of at least one week and make accommodation for the additional conflicts these changes may cause. Such accommodations may include altered assignments, deadlines, and activities and should be included in the syllabus where possible.

1.5.3 - Political Activities on Campus

Xavier University encourages and supports the involvement of students in government and political affairs. However, lobbying and political campaign-related activities are limited by policies and practices that must be followed in accordance with the Internal Revenue Code and Federal Election Commission regulations.  Students and student organizations are expected the comply with the expectations outlined in the Student Lobbying, Political, and Campaign Activities Policy maintained the by the Office of Student Involvement.

1.6 - Sex Discrimination

For the purposes of this Handbook, Sex Discrimination includes the following:

Individuals of all sex, sexual orientation, and/or gender identities can engage in and be victims of Sex Discrimination.

The University issues this statement of policy to inform the community of the comprehensive plan addressing Sex Discrimination when reported to a University official, and reaffirms its commitment to maintain a campus environment emphasizing the dignity and worth of all members of the University community.

This information applies to reports of Sex Discrimination that may constitute prohibited Title IX Sexual Harassment as well as conduct that may constitute prohibited Interpersonal Violence (see definitions at Section 2.3.3.2.)

Xavier's approach to addressing the issue of Sex Discrimination focuses on six areas: (1) Preparedness, (2) Prevention, (3) Reporting (4) Response, (5) Resources and (6) Recovery as described in the following sections:

1.6.1 - Preparedness

Xavier's goal is to have a climate where students, faculty, and staff feel safe and are informed about Sex Discrimination. Therefore, Xavier is prepared to handle incidents involving Sex Discrimination. Specifically, Xavier has implemented strategies designed to prevent Sex Discrimination as well as certain procedures and guidelines that assist administrators in handling an incident of Sex Discrimination once such incident is reported. See Section 3.4 Title IX and Interpersonal Violence Response Office- Responding to Sex Discrimination Reports of this Handbook.

1.6.2 - Prevention

The University engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end Sex Discrimination, including Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking, that:

(1) Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and

(2) Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

Educational programming consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for students and employees that:

(a) Identifies all forms of Sex Discrimination as prohibited conduct;

(b) Defines using definitions provided both by the Department of Education as well as state law what behavior constitutes Sex Discrimination

(c) Defines what behavior and actions constitute consent to sexual activity in the State of Ohio and/or using the definition of consent found in the Student Code of Conduct if state law does not define consent;

(d) Provides a description of safe and positive options for bystander intervention. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of Sex Discrimination. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene;

(e) Information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

(f) Provides an overview of information contained in the Annual Security Report in compliance with the Clery Act.

The University has developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; and presentations, activities and other programming initiatives on an ongoing basis to employees and students.

1.6.3 - Reporting

So that Xavier can effectively respond to Sex Discrimination, and promote a safe, nondiscriminatory environment for all community members, most Xavier employees who receive information about Sex Discrimination must report it to the Title IX Office so that Xavier can respond promptly and in compliance with all federal, state, and other applicable law. Confidential resources that are not required to report to the Title IX Office include advocates supporting individuals experiencing Sex Discrimination, mental health counselors, campus health center professionals and clergy functioning as a pastoral counselor. Individuals experiencing Sex Discrimination should review Xavier's Title IX Sexual Harassment and Interpersonal Violence Reporting and Support Options resource sheet.

1.6.3.1 Procedures for Reporting a Complaint:

The University has procedures in place that serve to be sensitive to those who report Sex Discrimination, including informing individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other services on and/or off campus as well as additional remedies to prevent contact between a Reporting Party and a Responding Party, such as housing, academic, transportation and working accommodations, if reasonably available. The University will make such accommodations, if the victim requests them and if they are reasonable and available, regardless of whether the victim chooses to report the crime to the XUPD or local law enforcement. Students and employees should contact Kate Lawson, Title IX and Interpersonal Violence Response Coordinator, in person at Gallagher Student Center, Room 332B, Xavier University 3800 Victory Parkway, Cincinnati, OH 45207, via telephone at 513-745-3046, or via email at lawsonk1@xavier.edu.

After an incident of Sex Discrimination, if applicable based on particular circumstances of situation, the victim should consider seeking medical attention as soon as possible at one of the medical facilities listed below. In Ohio, evidence may be collected even if you chose not to make a report to law enforcement. The University of Cincinnati Medical Center, Good Samaritan Hospital, and Bethesda North Hospital have certified Sexual Assault Nurse Examiners (SANE) who are specially trained to collect evidence from individuals who report having been sexually assaulted.

University of Cincinnati Medical Center (served by SANE of Butler County)
234 Goodman Street, Cincinnati, OH 45219
513-584-5700

TriHealth Center for Abuse and Rape Emergency Services (CARES)

Bethesda North Hospital
10500 Montgomery Rd, Cincinnati, OH 45242
(513) 865-1111

Good Samaritan Hospital
375 Dixmyth Avenue
Cincinnati, OH 45220-2489
(513) 865-5163

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, they nevertheless should consider speaking with XUPD or other law enforcement to preserve evidence in the event that the victim changes their mind at a later date.

Although the University strongly encourages all members of its community to report incidents of Sex Discrimination to law enforcement (including both on and off campus), it is the victim's choice whether or not to make such a report and victims have the right to decline involvement with the police. The University will assist any victim with notifying local police if they so desire by contacting the XUPD at or the Title IX office. XUPD are sworn police officers with jurisdiction to investigate reports of Sex Discrimination that may violate criminal law and work closely with local law enforcement in investigating these offenses. The Cincinnati Police Department may also be reached directly by calling 513-765-1212 or in person at any of the District stations (see maps online at the web address below for all addresses, telephone numbers and directions to each District Station.) Norwood Police Department may be reached at 513-458-4520. Additional information about the Cincinnati Police Department and Norwood Police Department may be found online respectively at: http://www.cincinnati-oh.gov/police and http://www.norwoodpolice.org.

Victims of Sex Discrimination are strongly encouraged to promptly report the incident to the University. The University will provide resources, on campus off campus or both, that include medical, health, counseling, legal assistance, victim advocacy, and visa and immigration assistance to persons who have been victims of Sex Discrimination and will apply appropriate disciplinary procedures to those who commit those violations. The procedures set forth below are intended to afford a prompt response to charges of Sex Discrimination, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violators of this policy.

If a report of Sex Discrimination is reported to the University, below are the procedures that the University will follow. The standard of evidence that will be used during any student conduct hearing before the University Conduct Board (the Hearing Panel of trained individuals that hear all complaints of Title IX Sexual Harassment and Interpersonal Violence), employee conduct hearing before the Harassment Hearing Panel, or administrative decision on campus arising from such a report is preponderance of the evidence, which means it must be shown that it is more likely than not that the misconduct occurred for discipline of the Responding Party to occur.

Reporting the incident does not obligate the Reporting Party to participate in a criminal process or have the Responding Party notified, but does allow for gathering of information. Reports may be made to any of the following:

If the situation is an off-campus emergency, call 911:

1.6.3.2 Procedures if the Reporting Party or Responding Party is a Minor:

If an employee of Xavier University, who is required to report Sex Discrimination, in their professional capacity, receives information regarding a Xavier student who is a minor or a non-Xavier individual who is a minor (such as a middle school student attending a day camp at the University) experiencing Sex Discrimination (whether by a non-Xavier or a Xavier individual), the employee will follow University protocol to report that information to the Title IX Office immediately. If the employee is a mandatory reporter under Ohio Revised Code (ORC) 2151.421 and the reported behavior appears to meet ORC 2151.421(a), the employee will follow the applicable law and policies to file a report with the appropriate state child protective services agency. If the employee does not qualify as a mandatory reporter under ORC 2151.421, Title IX Office staff (who do qualify as mandatory reporters) will file that report. 

ORC 2151.421(a) provides in part: No person described…in this section who is acting in an official or professional capacity and knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in a similar position to suspect, that a child under eighteen years of age, or a person under twenty-one years of age with a developmental disability or physical impairment, has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child shall fail to immediately report that knowledge or reasonable cause to suspect to the entity or persons specified in this division.”

In addition, upon receiving the information from the employee, the Title IX Office will provide comprehensive information to the minor on their rights, options, and resources related to all reporting systems (e.g. Title IX Office, law enforcement). The Title IX Office will also provide information on mandatory reporter responsibilities, medical and safety services, and confidential advocacy and support services. 

If the individual alleged to have engaged in the Sex Discrimination is a Xavier student or employee, the Title IX Office will follow all policies and protocols described in Xavier’s Sex Discrimination policies in the Xavier Student Handbook if the respondent is a student; and, the Harassment Code & Accountability Procedures (HCAP) if the respondent is an employee. If the minor requests that the Title IX Office do so and/or if the Title IX Office assesses there are ongoing, urgent safety or medical issues, the Title IX Office will notify the Xavier University Police Department. 

If the impacted individual is a Xavier student who is a minor, all of the same steps above will be followed. In addition, the Title IX Office will inform the student of their privacy rights under the Family Educational Rights and Privacy Act (FERPA). The Title IX Office will prioritize sharing information only with individuals for whom the student provides a written release, but will discuss with the minor the type of emergency circumstances (such as those with ongoing, urgent safety and medical issues) that may result in the Office needing to share information with the minor’s parent(s)/guardian(s) and may, in such emergency situations, notify parents/guardians without the minor’s consent. 

If an employee of Xavier University receives information regarding a Xavier student who is a minor engaging in Sex Discrimination, the employee will follow University protocol to report that information to the Title IX Office immediately. If the employee is a mandatory reporter under ORC 2151.421, the reported behavior appears to meet ORC 2151.421(a), and the employee has identifying information regarding the individual impacted by the conduct and that individual is a minor, the employee will follow the applicable law and policies to file a report with the appropriate state child protective services agency. If the employee does not qualify as a mandatory reporter under ORC 2151.421, Title IX Office staff will file that report. 

If the individual alleged to have engaged in Sex Discrimination is a member of the University community, the Title IX Office will respond to the alleged conduct by following all policies and protocols described in Xavier’s Sex Discrimination policies in the Xavier Student Handbook if the respondent is a student and the HCAP if the respondent is an employee. The Title IX Office will inform the student of their privacy rights under FERPA and will discuss the University’s policy to inform the minor student’s parent(s)/guardian(s) of the reported information. If the Title IX Office assesses there are ongoing, urgent safety or medical issues related to the report, the office will notify the Xavier University Police Department.

1.6.4 - Response

Campus administrators will respond efficiently and effectively when Sex Discrimination is reported. Xavier has established the following guidelines pertaining to how Xavier responds to Sex Discrimination:

For all forms of Sex Discrimination, where applicable depending on particular circumstances of the situation:

  1. Depending on when reported (immediate vs delayed report), the University will provide the Reporting Party with access to medical care and assess immediate safety needs.
  2. The University will assist the Reporting Party with contacting local police if the Reporting Party requests and will provide the Reporting Party with contact information for local police department.
  3. The University will provide written information to the Reporting Party on how to preserve evidence.
  4. The University will assess the need to implement interim or long-term protective measures, such as housing changes, change in class schedule, "No Contact" directives.
  5. The University will provide a copy of the Sex Discrimination Policy to the Reporting Party and inform the Reporting Party regarding time frames for inquiry, investigation and resolution.
  6. The University will inform the Reporting Party of the outcome of the investigation, whether or not the Responding Party will be administratively charged, and what the outcome of the hearing is.
  7. The University will enforce the anti-retaliation policy and take immediate and separate action against parties who retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.

1.6.4.1 - Confidentiality of Reports

The university will protect the identity of persons who report having been victims of Sexual Harassment, Non-Consensual Sexual Contact, Non-Consensual Sexual Intercourse, Stalking, Domestic Violence, Dating Violence, Other Gender-Based and Sexual Misconduct, and Retaliation to the fullest extent of the law and as previously mentioned in this document.

All individuals with knowledge of Sex Discrimination are encouraged to report the incident to Xavier University so that Xavier can effectively respond to gender-based and sexual misconduct, and ensure a safe, nondiscriminatory environment for all community members. Most Xavier employees who receive information about Sex Discrimination must report it to the Chief Title IX Officer so that they can respond promptly and in compliance with all federal, state, and other applicable law. Confidential resources not required to report to the Chief Title IX Officer include rape crisis advocates, mental health counselors, campus health center professionals and clergy functioning as a pastoral counselor. Individuals experiencing Sex Discrimination should review Xavier's Gender-Based and Sexual Misconduct Reporting and Support Options resource sheet, which can be located at https://www.xavier.edu/titleix/documents/xavier-gender-based-sexual-misconduct-reporting-support-options.pdf.

In accordance with Title IX, Xavier prohibits retaliation and will not only take steps to prevent retaliation but will also take strong responsive action if it occurs.

Even if an individual who has been negatively affected by sex discrimination does not want to pursue the matter through the student conduct process or the criminal justice system, they should still consider making a confidential report to Xavier. The purpose of the confidential report is to maintain confidentiality while allowing Xavier to take steps to ensure the future safety of the individual and the community. Anonymous reports can be made by calling the Anonymous Reporting Hotline at 855-481-6238 or submitting an anonymous report online by following the link on the Audit and Risk Management's website (www.xavier.edu/risk-management).

By reporting the incident, Xavier can keep an accurate record of the number of reported incidents involving students, determine where there is a pattern of sex discrimination with regard to a particular location, method, or assailant, alert the campus community to potential danger, and initiate the Student Conduct Process. Pursuant to the Clery Act, reports of certain types of Sex Discrimination to Xavier (including but not limited to reports to the Chief Title IX Officer, Residence Life, Resident Assistants, the Dean of Students, the Center for Diversity and Inclusion, the Anonymous Reporting Hotline, the Xavier University Police Department, and any other Xavier faculty, staff or administrator) must be counted and disclosed in the annual crimes statistics for Xavier. Xavier's annual crime statistics report does not reveal the identities of the persons involved. Disclosure of the reported incident for inclusion in the annual crimes statistics does not typically involve disclosure of personally identifiable information within Xavier except to the extent necessary to ensure the incident is not double counted. Only reports to pastoral and professional counselors (i.e., counselors at the Health and Wellness Center and Psychological Services Center) acting in their role of pastoral or professional counselor may not be disclosed and counted in the annual crimes statistics for Xavier.

If an individual who has been negatively affected by Sex Discrimination reports the incident and requests confidentiality or asks that the complaint not be pursued through the Student Conduct Process, Xavier will still take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue the investigation. Individuals should be aware that Xavier's ability to respond (including sanctioning the alleged perpetrator through the Student Conduct Process) may be limited by such a request. Still, Xavier will pursue other steps to limit the effects of the alleged discrimination and prevent its recurrence. See Section 3.3 ("Interim Measures for Individuals and/or the Campus Community") of this Handbook.

Xavier must evaluate all requests for confidentiality in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. When weighing a student's request for confidentiality that could preclude a meaningful investigation or potential discipline of the alleged perpetrator, Xavier will consider a range of factors. These factors include circumstances that suggest there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence (e.g., whether there have been other sexual violence complaints about the same alleged perpetrator, whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence, whether the alleged perpetrator threatened further sexual violence or other violence against the student or others, and whether the sexual violence was committed by multiple perpetrators). These factors also include circumstances that suggest there is an increased risk of future acts of sexual violence under similar circumstances (i.e., whether the student's report reveals a pattern of perpetration, via illicit use of drugs or alcohol, at a given location, or by a particular group). Other factors that should be considered in assessing a student's request for confidentiality include whether the sexual violence was perpetrated with a weapon; the age of the student subjected to the sexual violence; and whether the school possesses other means to obtain relevant evidence (i.e., security cameras or personnel, physical evidence). The Chief Title IX Officer or the designee in their absence will be responsible for evaluating request for confidentiality.
Accordingly, Xavier cannot guarantee absolute confidentiality in response to every request, but will inform the person requesting confidentiality if it cannot ensure confidentiality in light of the foregoing factors.

1.6.5 - Resources

Resources for victims of Sex Discrimination:

On-Campus Resources
Resource Address/Location on Campus Phone Number
Health and Counseling Services 1714 Cleneay Ave
Cinti., OH 45207
513-745-3022
Xavier Advocacy and Prevention Coordinator Can be reached directly Monday-Friday 8:30am-5:00pm through the XU campus advocacy helpline at 513-904-9013 513-904-9013
XUPD 1648 Musketeer Drive,
Cinti., OH 45207
513-745-1000
513-745-2000
Xavier Psychological Services Sycamore House
3818 Winding Way
Cinti., OH 45207
513-745-3531
Title IX and Interpersonal Violence Response Office Gallagher Student Center,
Room 332B
513-745-3046
Dean of Students Gallagher Student Center,
Suite 300
513-745-3166
Center for Mission and Identity Justice Hall 513-745-3777
Center for Diversity and Inclusion Gallagher Student Center,
Rooms 200/280
513-745-3181
Center for International Education Gallagher Student Center,
Suite 230
513-745-2864

 

Off-Campus Resources
Resource Address/Location Phone Number
Cincinnati Police Department District 4
4150 Reading Road
Cincinnati, OH 45229
Emergencies: 911

Non-Emergencies:
513-765-1212

District 4: 513-569-8600

Norwood Police Department 4701 Montgomery Rd
Cincinnati, OH 45212
Emergencies: 911

Non-Emergencies
513-458-4520

University of Cincinnati Medical Center 234 Goodman Street
Cincinnati, OH 45219
513-584-5700
University of Cincinnati Health Sexual Assault Nurse Examiner (SANE) Program* 234 Goodman Street
Cincinnati, OH 45219
513-584-3379

513-584-1000
Women Helping Women 215 E. Ninth Street, 7th Floor Cincinnati, OH 45202-6109 phone: 513-977-5541

24-Hour Crisis Line:

513-381-5610

TTY: 513-977-5545

YWCA of Greater Cincinnati 898 Walnut Street
Cincinnati, OH 45202
513-241-7090
Ohio Alliance to End Sexual Violence 526 Superior Avenue
Suite 1400
Cleveland, OH 44114
216-658-1381

888-886-8388

Ohio Domestic Violence Network 4807 Evanswood Drive
Columbus, OH 43229
614-781-9651
Hamilton Co. Court of Domestic Relations 800 Broadway
Cincinnati, OH 45202
513-946-9000
Hamilton Co. Court of Common Pleas 1000 Main Street
Cincinnati, OH 45202
513-946-5800
Juvenile Court 800 Broadway
Cincinnati, OH 45202
513-946-9200
Hamilton Co. Prosecuting Attorney Victim Services 230 E. Ninth Street
Suite 4000
Cincinnati, OH 45202
513-946-3070
Legal Aid Society of Greater Cincinnati 215 E 9th St #200
Cincinnati, OH 45202
513-241-9400
University of Cincinnati Domestic Violence and Civil Protection Order Clinic University of Cincinnati
College of Law
Center for Race, Gender, and Social Justice
PO Box 210040
Clifton Avenue and Calhoun Street
Cincinnati, OH 45221-0040
513-556-0180
Ohio Domestic Violence Network Legal Assistance Program (lawyers available for sexual assault and stalking victims as well) 4807 Evanswood Drive
Suite 201
Columbus, OH 43229
614-781-9651
Cincinnati Bar Association Lawyer Referral Service 225 E. Sixth Street,
Cincinnati, OH 45202
513-381-8359 or toll free at 888-628-2577
Visa/Immigration Assistance- see all legal resources above and Catholic Charities Southwestern Ohio Su Casa Hispanic Center 7036 Fairpark Avenue, Cincinnati, OH 45216 513-761-1588
Gay, Lesbian and Straight Education Network Greater Cincinnati Chapter PO Box 19856
Cincinnati OH 45219
866-934-9119

Other resources include:

1.6.6 - Recovery

Xavier supports those striving for recovery after Sex Discrimination regardless of whether the Sex Discrimination has been reported to Xavier or local law enforcement. Each individual's experience is unique and recovery may go through many stages. Accordingly, Xavier seeks to connect any individual who has been affected by Sex Discrimination with a broad network of recovery information and resources, both on and off campus. This may include, but is not limited to, crisis intervention/emergency psychological care; hospital and justice system advocacy; educational groups; workshops; individual and group counseling; peer education; volunteer opportunities; and collaboration with peers, administration, and family. For more information about recovery after Sex Discrimination, contact any of the following:

Xavier's Advocacy and Prevention Coordinator at 513-904-9013 or visit http://www.xavier.edu/advocate;

Xavier’s Title IX and Interpersonal Violence Response Office, GSC 332B, 3800 Victory Parkway, 513-745-3046, https://www.xavier.edu/titleix;

Xavier's Center for Diversity and Inclusion, GSC 200/280, 3800 Victory Parkway, 513-745-3181, https://www.xavier.edu/diversity-inclusion;

Xavier's Health and Counseling Services, 1714 Cleneay Avenue, 513-745-3022, www.xavier.edu/health-wellness;

Xavier's Psychological Services Center, 3818 Winding Way, 513-745-3531 (www.xavier.edu/psychologicalservices).

1.6.7.1 - Consent

Consent is defined in Ohio state criminal statutes and provides that no person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force. No person may substantially impair another person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception for the purposes of preventing resistance to sexual conduct. No person may engage in sexual conduct with another person whose ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

1.6.7.2 - Sexual Assault

The following definitions are taken from the Violence Against Women Act and the US Code. They are not the same definitions used in the Ohio Revised Code for these crimes or in Xavier's Student Handbook and HCAP defining this type of misconduct. These definitions are used by Xavier's Clery Compliance Officer to help classify crimes for counting purposes only. They are not used in the criminal prosecution under Ohio Law or in the student or employee conduct processes at Xavier.

1.6.7.3 - Sex Offenses General Definitions (ORC SECTION 2907.01)

As used in sections 2907.01 to 2907.38 of the Revised Code:

1.6.7.4 - Rape (ORC SECTION 2907.02)

(1) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

(2) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.

(3) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

1.6.7.5 - Sexual Battery (ORC SECTION 2907.03)

• No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:
(1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
(2) The offender knows that the other person's ability to appraise the nature of or control the other person's own conduct is substantially impaired.
(3) The offender knows that the other person submits because the other person is unaware that the act is being committed.
(4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person's spouse.
(5) The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
(6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.
(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
(8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.
(9) The other person is a minor, and the offender is the other person's athletic or other type of coach, is the other person's instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.
(10) The offender is a mental health professional, the other person is a mental health client or patient of the offender and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes.
(11) The other person is confined in a detention facility, and the offender is an employee of that detention facility.
(12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric.
(13) The other person is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.

1.6.7.6 - Unlawful Sexual Conduct with a Minor (ORC SECTION 2907.04)

• No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.

1.6.7.7 - Gross Sexual Imposition (ORC SECTION 2907.05)

• No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
• No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

1.6.7.8 - Sexual Imposition (ORC 2907.06)

• No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
(2) The offender knows that the other person's or one of the other person's, ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.
(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.
(4) The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.
(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

1.6.7.9 - Domestic Violence

The term ''domestic violence'' means

• Felony or misdemeanor crimes of violence committed

  1. By a current or former spouse or intimate partner of the victim;
  2. By a person with whom the victim shares a child in common;
  3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
  5. 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 in which the crime of violence occurred.

• For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

• Domestic Violence is also defined in Ohio state criminal statutes. See ORC 2919.25 Domestic violence (Criminal)

  1. No person shall knowingly cause or attempt to cause physical harm to a family or household member.
  2. No person shall recklessly cause serious physical harm to a family or household member.
  3. No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

• Domestic violence definitions - hearings (Civil)
As used in this section: "Domestic violence" means the occurrence of one or more of the following acts against a family or household member:

  1. Attempting to cause or recklessly causing bodily injury;
  2. Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code;
  3. Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;
  4. Committing a sexually oriented offense.

1.6.7.10 - Dating Violence

The term ''dating violence'' means violence committed by a person:
1) Who is or has been in a social relationship of a romantic or intimate nature with the victim and
2) The existence of such a relationship shall be based on the Reporting Party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Dating violence is not specifically defined in Ohio state criminal statutes; however, Dating Violence is one form of prohibited Title IX Sexual Harassment (Section 2.3.3.1) as well as one form of Interpersonal Violence (Section 2.3.3.2) prohibited by Xavier.

1.6.7.11 - Stalking

• The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to
(1) Fear for the person's safety or the safety of others; or
(2) Suffer substantial emotional distress.
• For the purposes of this definition
(1) Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person's property.
(2) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
(3) Reasonable persons means a reasonable person under similar circumstances and with similar identities to the victim.
• For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

• Stalking is defined in Ohio criminal statutes in O.R.C. Section 2903.211 Menacing by stalking
(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A) (1) of this section.
(3) No person, with a sexual motivation, shall violate division (A) (1) or (2) of this section.

1.6.7.12 - Felonious Assault (OCR SECTION 2903.11)

• No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
• No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
• Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
• Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
• Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.

1.6.7 - Applicable Federal, State, and Local Law

Xavier's Code of Conduct Sections 2.3.3.1 and 2.3.3.2 provides definitions of Sex Discrimination prohibited by the University and these are the policies that will be applied to address student conduct. Ohio and federal law have separate and distinct criminal definitions of these types of conduct that the University is required to publish in this Handbook by the Clery Act (Section 1.3.3).

Students and employees have the right to report behavior to both the University and request a response under the University's internal policies, and to law enforcement to request a response under the criminal law. The definitions below are taken from applicable federal and state criminal law. 

1.7 - ALCOHOL AND OTHER DRUGS

Xavier University recognizes that the misuse and abuse of alcohol is a persistent social and health problem of major proportion in our society and that it interferes with the goals and objectives of any educational institution. Accordingly, Xavier University does not encourage the use of alcoholic beverages and strongly discourages illegal or otherwise irresponsible use of alcohol. Members of the University community are responsible for their decisions regarding their use of alcohol as well as their behavior, which occurs as a result of these decisions. In this context, Xavier University created a comprehensive policy on Alcoholic Beverages and Other Controlled Substances. This policy can be found in the University Polices for Student Life and on the web at xavier.edu/dean-of-students.

Xavier University fully enforces the underage drinking laws of the State of Ohio. All state laws apply to Xavier University students, faculty, staff, and visitors while on Xavier University Campus. These laws prohibit possession, use, sale, distribution, and consumption of all alcoholic beverages by persons less than 21 years of age. To maintain conditions conducive to a learning environment, and to ensure that all community members are in a safe, productive environment, the University further restricts the use of alcohol within specified criteria. For more comprehensive details, please refer to the University's Policy on Alcoholic Beverages.

The University strictly prohibits the illegal use, possession or sale of any controlled substance. The illegal use of controlled substances is incompatible with the goals and mission of an academic community. Students found responsible for possessing, using, distributing, or selling controlled substances will face serious disciplinary action that may include suspension and/or dismissal from the University for the First Offense. Violations of federal and state drug laws should be reported to the XUPD, which will take appropriate legal actions to enforce those laws. For more comprehensive details, please refer to the University's Policy for a Drug Free University.

Xavier's Alcohol and Other Drug (AOD) Policy applies to all Xavier University students, as well as employees. A copy of the full text of the Policy is available on the Dean of Student's website and is incorporated herein by reference. The AOD Policy incorporates by reference the following provisions of this Handbook relating to student alcohol abuse and illicit drug use. It also addresses broader policies and guidelines pertaining to every member of the Xavier University community. Students are required to comply with all provisions of the AOD Policy.

1.7.1 - DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 1989

The Drug-Free Schools and Communities Act Amendments of 1989 (20 U.S.C. Section 1011i; 34 C.F.R. Section 86.1 et seq.) requires institutions receiving federal financial assistance to establish drug and alcohol abuse prevention programs for students and employees. As a condition of receiving any federal funds or any other form of financial assistance under any Federal program, Xavier must certify that it has adopted and implemented a program that includes annually providing to all students and employees (regardless of full-time, part-time, temporary or permanent status) materials that contain standards of conduct, a description of the various laws that apply in that jurisdiction regarding alcohol and drugs, a description of the various health risks of drug and alcohol abuse, a description of counseling and treatment programs that are available, and a statement on the sanctions Xavier will impose for a violation of the standards of conduct. This program must be reviewed biennially to determine its effectiveness and implement changes to the program if they are needed, and to ensure that conduct sanctions are consistently enforced.

1.7.2 - POLICY STATEMENT

The University will uphold all federal, state and local laws regarding alcohol and other drugs. The unlawful possession, use, consumption or distribution of alcohol and other drugs by students or employees on University property or as a part of any University activity is prohibited. Violators are subject to the Student Conduct Process by Xavier and may be referred for prosecution in accordance with applicable laws. University-imposed sanctions for violations may include suspension, termination or expulsion, compulsory attendance at alcohol and other drug education or rehabilitation programs, or other appropriate disciplinary measures.

1.7.3 - APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND SANCTIONS

The following is a description of some of the applicable legal sanctions under federal, state, and local laws for the unlawful possession, use, or distribution of illicit drugs, including alcohol, as of July 20, 2012. This list is not intended to be an exhaustive list of all offenses involving drugs and alcohol, and this material should not be relied upon as legal advice or guidance regarding these offenses:

State Law, Drugs

State Law, Tobacco

State Law, Hazing 

Local Law

1.7.4 - HEALTH RISKS

According to the National Institute on Drug Abuse, alcohol affects every organ in the drinker's body. Intoxication can impair brain function and motor skills; heavy use can increase risk of certain cancers, stroke, and liver and heart diseases. Alcoholism or alcohol dependence is a diagnosable disease characterized by a strong craving for alcohol, and/or continued use despite harm or personal injury. Alcohol abuse, which can lead to alcoholism, is a pattern of drinking that result in harm to one's health, interpersonal relationships, or ability to work. Additional health risks of alcohol include increased risk of injuries, violence, fetal damage (in pregnant women), depression, neurologic deficits, hypertension, and fatal overdose.

Also according to the National Institute on Drug Abuse, varieties of significant health risks are associated with the use of illicit drugs. Some of these health risks are as follows:

Marijuana: frequent respiratory infections, possible mental health decline, and addiction.

Opioids (such as heroin and opium): constipation, endocarditis, hepatitis, HIV, addiction, and fatal overdose.

Stimulants (such as cocaine, amphetamine, methamphetamine): weight loss, insomnia, cardiac or cardiovascular complications, stroke, seizures, and addiction.

Club drugs (such as methylenedioxy- methamphetamine/ecstasy, flunitrazepam/roofies, GHB): sleep disturbances, depression, impaired memory, hyperthermia, unconsciousness, seizures, coma, and addiction.

Depressants (such as barbiturates, sleep medications, Xanax and Valium): lowered blood pressure, slowed breathing, tolerance, withdrawal, addiction, increased risk of respiratory distress and death when combined with alcohol, irritability, and life-threatening withdrawal in chronic users.

Anabolic steroids: hypertension, blood clotting and cholesterol changes, liver cysts, hostility and aggression, acne, in adolescents - premature stoppage of growth, in males - prostate cancer, reduced sperm production, shrunken testicles, breast enlargement, in females - menstrual irregularities, development of beard and other masculine characteristics.

Inhalants: cramps, muscle weakness, depression, memory impairment, damage to cardiovascular and nervous systems, unconsciousness, and sudden death.

1.7.5 - APPLICATION OF ALCOHOL AND OTHER DRUG PREVENTION PROGRAM TO STUDENTS

In addition to possible legal penalties, violators of Xavier's Alcohol and Other Drug Policy are subject to interventions by Xavier as part of its alcohol and other drug prevention program. Xavier's program is based on a 3-tier environmental management model. It is evidence-based and designed to impact all Xavier students and employees based on the individual's current needs. A summary of possible interventions is available on the Dean of Students' website (http://www.xavier.edu/dean-of-students). Students who violate Xavier's Alcohol and Other Drug Policy are required, when found responsible through the applicable Student Conduct Process, to participate in alcohol and other drug education programs. Students who are having difficulty with decision- making with regard to their alcohol or other drug use or may have been identified to be at-risk are referred to Counseling Services, Health Services or Psychological Services for assessment, treatment, or referral.

Xavier Health and Counseling Services -513-745-3022, or https://www.xavier.edu/health-wellness/index

1.7.6 - COUNSELING AND OTHER RESOURCES

Prevention Program
Xavier University is concerned about anyone who struggles with substance abuse. Campus resources and personnel from Xavier Wellness Services located in the Health United Building (HUB), Health and Counseling Services office, provide substance abuse counseling and referral assistance for students facing problems associated with drug and alcohol abuse. The Center supervises and runs programs that include individual and group oriented workshops, and educational programs and training. The University also has available a number of student organizations that address substance abuse prevention. Xavier University has an Alcohol and Other Drug (AOD) prevention program based on the 3-tier environmental management model. Students who violate the University's Alcohol and Other Drug Policy are required, when found responsible through the Student Conduct Process, to participate in alcohol/drug education programs. Information and education is provided in group and individual sessions. Students who are having difficulty with decision-making with regard to their alcohol/drug use or may have been identified to be at-risk are referred to Xavier Counseling Services, Xavier Health Services, or Xavier Psychological Services for assessment, treatment, or referral. Xavier Counseling Services and Xavier Health Services can be reached by calling 745-3022 or visiting their website: www.xavier.edu/health-wellness. Xavier Psychological Services can be reached by calling 745-3531 or visiting their website at http://www.xavier.edu/psychologicalservices.

In compliance with the Drug Free Schools and Communities Act, Xavier University has the following policy pertaining to drug and alcohol abuse education programs http://www.xavier.edu/dean-of-students/documents/alcohol-policy.pdf

1.8 - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

1.8.1 - BASIC POLICY

In compliance with the Family Educational Rights and Privacy Act of 1974 ("FERPA"), Xavier University protects the rights of students with relation to the accuracy and privacy of their education records. In accordance with FERPA, Xavier University has established basic policies to prevent the release of any personally identifiable information regarding any of its students, without first having received the consent of the student, or otherwise allowed or required by law. In addition, procedures have been established by which a student may request to examine their education records, may challenge any portion of the record, and may request the opportunity to have any inaccurate, misleading, or otherwise inappropriate data deleted or corrected, or may have inserted into the record a written explanation regarding the content of the record.

In the undergraduate and graduate schools of Xavier, these rights belong to the student. However, the parents of a student who is financially dependent upon the parents (as defined in Section 152 of the Internal Revenue Code of 1954) may have access to the student's record without first obtaining the student's consent.

1.8.2 - RELEASE POLICY

To totally prohibit the release of even a student's name or dates of enrollment, for example, would be as much a disservice to students as it would be an imposition on the daily functioning of the school. The law permits certain categories of information to be designated as directory information and to be released without requiring written consent, provided the student has been notified what information is included as directory information and has been given a reasonable period of time to request that such information not be released without consent.

The University has designated as directory information the following categories:

No other personally identifiable information about a current or former student may be released to any person or agency outside Xavier unless either the student has provided written consent specifying the information to be released, the reason(s) for such release and to whom it is to be released or as otherwise allowed by law. At the request of the student, a copy of the information to be released will be provided when they consent to the release. FERPA provides for a number of exceptions to this rule whereby information may be released without notice to or the consent of the student to accrediting agencies, certain federal and state authorities, to another school in which the student seeks or intends to enroll, for reason of emergencies related to the health and safety of the student, etc. In addition, such information may be made available without notice to or the consent of the student to University officials, including instructors, having legitimate educational interests, as determined by Xavier.

The University shall maintain a record of all non-Xavier individuals or agencies that have requested or obtained access to a student's education records and the legitimate interest they have in such records. The University shall keep this record as part of the student's total education record, subject to the same restrictions on release and access. The University shall not maintain records of release of directory information or information requested or obtained by Xavier officials who have legitimate educational interest.

Whenever personally identifiable information about a student is released to a third party, Xavier shall only do so on the condition that the person or agency to whom it is released may not transmit such information to another individual or agency without the prior written consent of the student.

1.8.3 - MAINTENANCE OF RECORDS

In maintaining a student's education record, Xavier shall collect a wide variety of information, including but not limited to the following: name; address; social security number; phone number; date of birth; sex; ethnicity; marital status; citizenship status; names of elementary, secondary, and post-secondary schools attended with dates and diplomas or degrees earned; activities, awards, and work experiences; parents' names, addresses, phone numbers and occupations; business address and phone numbers; emergency telephone numbers; transcripts; grades received; reports of standardized tests; degree and program evaluations; course evaluations; competency sheets; registration forms; medical forms and records; student conduct records; financial assistance applications; confidential financial statements and eligibility reports; records of student fee payments; student- completed questionnaires; counselor reports and notes; letters of recommendation; placement records; and correspondence. Letters of recommendation are used as admission documents only. They are not intended nor will they be used for any other purpose.

Student education records may be kept in a variety of offices including but not limited to those indicated below:

Detailed education records, as defined above, are kept for two years after a student terminates enrollment and then they may be destroyed, with the following exceptions:

  1. The Registrar's Office maintains student files until graduation. Transcripts are maintained permanently. The Registrar's Office keeps for five years general academic files of students who withdraw from Xavier before graduation and permanently maintains transcripts of all academic records earned at Xavier.
  2. Alumni Relations maintains directory information on all graduates.
  3. Financial Aid maintains complete files until a federal audit has been made.
  4. The graduate schools maintain student files until graduation. Residence Life maintains records for five years from the time of residency.
  5. The Dean of Student's Office maintains records for seven years unless the student has been suspended or expelled from Xavier in which case student conduct records may be kept indefinitely.
  6. Records related to Title IX Sexual Harassment reports and resolution will be retained for a period of seven years.
  7. The Bursar's Office retains quarterly financial summaries of student fee payments and individual student files concerning Perkins Loans necessary to meet statutory requirements.
  8. The Student Teaching Office permanently retains information files related to professional study: evaluation, notation, etc.
  9. Wellness Services maintains required immunization records and retains all other medical records for five years after a student terminates enrollment.
  10. Xavier University Police records may be kept indefinitely.

1.8.4 - STUDENT RIGHT TO ACCESS

Students currently or formerly enrolled in the undergraduate or graduate school may request access to their own education records with the following exceptions:

1.8.5 - WAIVER OF RIGHT TO ACCESS

In the following situations, Xavier shall provide students with the means of waiving their right of access to certain limited parts of their education record for the purpose of preserving confidentiality:

Whenever a student chooses to waive the right of such access, this limited waiver of the right of access applies to the parents, as well. In all three of the above listed situations, where the student waives the right of access, the student may request notification of the names of persons making confidential recommendations and Xavier will provide them with such names. In providing the means of waiving the right of access, the school shall place this option in writing as part of the printed form being used to obtain statements of recommendation. A student shall indicate in writing their choice of waiving or not waiving the right of access to this information before the form is given to other individuals to write their recommendations. Once a recommendation has been received, a student may not change their decision with regard to waiving the right to access to that recommendation. Waiving right of access is not required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from Xavier.

1.8.6 - PROCEDURE FOR ACCESS

To obtain access to any part of a student's education record, the student shall be required to submit a written request to the individual in charge of the office that keeps the records in question. An opportunity to examine the student's file shall be provided as soon as possible and no later than 45 days after the date of the initial request. The file must be examined within the office and in the presence of the administrator in charge of the office. Copies of records may be provided if failure to do so would effectively prevent a student from accessing their records.

1.8.7 - PROCEDURE FOR CHALLENGING THE RECORD AND INFORMAL PROCEEDINGS

Should a student (or another agent acting on their behalf in the case of medical or psychological records) feel that certain information within the education record is inaccurate, misleading, or otherwise inappropriate, and wishes to challenge such information, the student may request a formal or informal hearing of their objections. The formal hearing request must be made in writing to the official representing Xavier in whose presence the record is being examined.

This official may offer to hear the objection at that time and thereby attempt to settle the objection in an informal way. Should such official be convinced of the validity of the objections made, they may, at that time, remove incorrect, misleading, or otherwise inappropriate information from the file; correct such information so that it is correct and satisfactory to the student; or they may insert into the record an explanatory note written by the student. A summary of the proceedings, objections, and results shall be kept by that office, not in the student's file.

1.8.8 - FORMAL HEARING

Should the individual hearing the objections not be convinced of their validity and should the student making the objection not be satisfied by the explanations given or by the offer to settle the objection informally, a formal hearing may be held. The student desiring such a hearing shall make a written request to the administrator of that office and shall be contacted to establish a time for the hearing. The hearing should take place no later than three weeks following the written request, providing that school is in session. Under such circumstances, the objections shall be heard by a group of three representatives of Xavier, to be appointed by the President or by a designated substitute- none of the representatives to be directly involved with the information under objection. The hearing shall be conducted by one of the representatives appointed to chair the hearing. The student may bring to the hearing another person who may advise but who may not represent them. The chairperson shall present the information being questioned and shall give the student requesting the hearing a full and fair opportunity to state the objections being made. The student shall, at this time, present any evidence to substantiate their objections. The chair shall then request the individual responsible for the information about which the objection has been made to state the rationale for the existing information and defend its validity. The chair shall then give the members of the hearing committee the opportunity to question both parties. The chair shall then invite concluding statements from each party. The objector shall be notified in writing as soon as possible of the committee's decision.

1.8.9 - RECORD OF HEARING

Should their decision be in favor of the objector, deletions or corrections in the student's record shall be made immediately, and a summary of the hearing, the objections and the determinations made shall be recorded in the office where the information objected to is kept in a file, though the account of the hearing shall not appear in the student's record. Should the decision be in favor of retaining the already existing information without change, the record shall be retained as is and a summary of the hearing, the objections and decisions made shall be recorded in the office where the information objected to is kept in a file, though the summary of the hearing shall not appear in the student's record. However, the student may submit a statement setting forth their views to the office where the objected-to information is held and the statement shall remain with the contested part of the student's record for as long as the record is maintained. Once a particular item in the education record has been challenged and formally heard, a challenge of the same item shall not be heard again.

1.8.10 - ADDITIONAL NOTES

More detailed information concerning the provisions of the Family Educational Rights and Privacy Act of 1974 may be obtained by examination of the act itself, as amended. For any questions concerning the legal interpretation of the act, the student should consult an attorney.

That information designated by Xavier University as directory information will be individually released without prior consent unless the student requests in writing within the first two weeks of enrollment, or in case of emergency, to withhold release. Any such request to withhold release of directory information will apply to all directory information, with one exception. A request may be made to withhold release of address and telephone number only. Undergraduate and graduate University students should send such a request to the Registrar's Office.

SECTION 2: STANDARDS OF STUDENT CONDUCT

2.1 - INTRODUCTION

The following sections are standards and policies that apply to Xavier students' conduct. Violation of the Standards of Student Conduct in Part 2 may subject the student to the Student Conduct Process and sanctions in Part 3 of this Handbook.

The "Policy of Respect" set forth in Section 2.2 explains broader principles that Xavier students must comply with at all times. Section 2.3 "Conduct Specifically Permitted and Prohibited" is made up of a variety of policies governing students' conduct related to specific topics or scenarios. Depending on the nature of the conduct and the circumstances of the situation, the same conduct by a student may be processed and sanctioned as a violation of either Section 2.2 or Section 2.3 or both.

All matters involving students may be subject to the Student Conduct Process and sanctioned by Xavier regardless of whether the conduct occurred on or off Xavier's campus, and regardless of whether the event is a Xavier sponsored or supervised activity.

2.2 - POLICY OF RESPECT AND PROHIBITED BEHAVIORS

Xavier University is a community that has expectations of its student members. These expectations for respectful behavior and a list of prohibited behaviors that may breach these expectations are below.

2.2.1 - RESPECT FOR AUTHORITY

Xavier requires students to conduct themselves with respect for authority. The purpose of these Xavier policies and procedures is to provide for a safe and comfortable environment for all members of its community. University administrators and staff, along with all members of the Xavier community, share responsibility for supporting Xavier's efforts to preserve an environment that contributes to the overall mission of Xavier.

The following behaviors violate Xavier's expectations for Respect for Authority:

Failure to Comply- Failure to comply with the directions (including the successful and timely completion of Student Conduct sanctions) of University staff/officials acting in the performance of their duties and/or failure to properly identify oneself by presenting an ALL Card to these persons when requested to do so - this includes resident assistants, faculty, staff and administrators, student employees and graduate assistants.

Violation of University Policy- Violation of any of the University's published policies, rules, or regulations including, but not limited to, those regarding on and off campus living and student organizations, acceptable use of technology, alcohol and other drugs and the Harassment Code and Accountability Procedures.

Violation of the Law- Engaging in behaviors that may constitute a violation of federal, state, local laws, and ordinances.

Obstruction - Obstruction of any official University investigation or proceeding, including but not limited to, the Student Conduct Process.

Providing False Information - Knowingly providing false information or identification or impersonating a University official.

2.2.2 - RESPECT FOR ONESELF

Xavier requires students to conduct themselves with respect for themselves. The University values all of its students and is concerned about each student's total development. The University encourages students to take advantage of the resources available to them to enhance the quality of their lives while expecting them to assume responsibility for their personal well-being.

The following behaviors violate Xavier's expectations for Respect for Oneself:

Violation of the Alcohol and Other Drug Policy (Alcohol) -Violating the University's Alcohol policy, including but not limited to, underage possession or consumption of alcohol, behavior which suggests the excessive consumption of alcohol, providing, selling or distributing alcohol to an individual under age 21, hosting parties on or off campus where underage students and alcohol are present, violations of local and state alcohol laws and ordinances. See Section 1.7 ("Alcohol and Other Drugs") of the Student Handbook.

Violation of the Alcohol and Other Drugs Policy (Drugs) - This includes, but is not limited to, the use, possession, manufacturing or distribution of marijuana, heroin, narcotics, other controlled substance or paraphernalia illegally. See Section 1.7 ("Alcohol and Other Drugs") of the Student Handbook.

Endangering Behavior - Conduct that threatens or endangers the health, sense of security and/or safety of the University community or any person(s) including oneself.

Gambling - Sponsoring or engaging in illegal or prohibited gambling activities. See Section 2.3.9.5 for more detail.

2.2.3 - RESPECT FOR OTHERS

Xavier requires students to conduct themselves with respect for others. True to its Jesuit ideals, Xavier believes that each person has worth and dignity. Members of the Xavier community are expected to demonstrate a mutual respect and concern for others. Students should learn to accept, recognize, and appreciate those who are different from them and to act in a manner that helps create a strong sense of community and acceptance.

The following behaviors violate Xavier's expectations for Respect for Others:

Harassment - Harassment is the creation of a hostile or intimidating environment, in which conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual's life by affecting the person physically or emotionally. Such harassment will not be tolerated. Harassment can be uninvited or unwelcome verbal, physical or visual conduct including electronic communication. Harassing conduct is often, but not always in reference to the individual's or a group of individuals' sex, gender, identity, race, color, economic status, class, religion, cultures, national origin, citizenship, veteran status, ethnicity, sexual orientation, gender identity and expression, position, age, handicap or disability. Verbal conduct may be either oral or written words, such as epithets. Physical conduct may include assault or battery, physically interfering with, blocking or impeding an individual's normal movement. Visual conduct may include drawings, pictures, cartoons or derogatory posters (None of these descriptions are intended to describe all manners of the particular type of conduct). For further examples refer to the harassment policy, which can be found at http://www.xavier.edu/hr/documents/XavierHarassmentCodeandAccountabilityProcedures10-2014.pdf.

Harm to Others - Intentionally or recklessly causing physical harm or endangering the health or safety of any person.

Threat/Intimidation - Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property. Intimidation is defined as implied threats or acts that cause reasonable fear of harm in another.

Sex Discrimination – Conduct that may constitute Sex Discrimination (Section 2.3) prohibited by Title IX (Section 2.3.3.1) and Xavier’s Interpersonal Violence policies (Section 2.3.3.2).

Disruptive Behavior - Any behavior that interferes with the rights of others and disrupts or interferes with the normal functioning or safety of the community.

Bias Motivated Incidents-Any violation of the Code of Student Conduct motivated by a consideration (real or perceived) of race, sex, color, religion, sexual orientation, national origin or gender identity is prohibited and will be treated more severely than a similar or related act in the absence of such motivation.

Hazing-Any intentional or reckless act, or coercion of another to act, that is an implicit or explicit condition for initiation into, admission to, affiliation with, or continued membership in any group or organization, and which causes or a substantial risk of causing mental or physical harm, harassment, discomfort, embarrassment, or ridicule to any person. More information on the Hazing policy may be found in Section 2.3.8.3.

2.2.4 - RESPECT FOR PROPERTY

The University expects students to respect property both inside and outside of the Xavier community. This includes both real and personal property, whether owned by Xavier, students, faculty or staff, or any property in which Xavier has an interest.

The following behaviors violate Xavier's expectations for Respect for Others:

Property Damage/Neglect - Engaging in the misuse, vandalism or damage to University, group or private property or failing to take proper care of the facilities, equipment, services and space provided by Xavier for student use.

Fire/Fire Safety Violation - Engaging in arson or the irresponsible use of fire, or fire safety equipment including smoke detectors, fire alarms, extinguishers, etc. or failing to follow fire drill or other emergency procedures.

Theft - Theft of University or personal property, including possession of stolen property, attempted theft, conspiracy to steal, misappropriation of University property or services, misappropriation of personal property and identity theft.

Abuse/Misuse of Technology - Theft of or tampering with computer equipment, including unauthorized entry or use, alteration of information, or misuse of records. For more complete information, please refer to the Policy for Responsible Use of Computing and Communications Technologies on-line as a link to the Dean of Students' website: http://www.xavier.edu/dean-of-students.

Unauthorized Access - Engaging in the unauthorized entry, trespassing or tampering with respect to University premises, facilities, or properties or engaging in the unauthorized possession, duplication, or use of University keys and ALL Cards.

2.2.5 - RESPECT FOR UNIVERSITY VALUES: HONESTY AND INTEGRITY

Xavier requires students to conduct themselves with respect for University values, including honesty and integrity. As members of a Jesuit, Catholic institution, it is the responsibility of all students to conduct themselves according to the values within the Xavier Mission Statement, and to develop personal characteristics of honesty and integrity in all aspects of their lives. Students are expected to abide by all Xavier policies and procedures and to obey laws enacted by the federal, state, and local governments. All acts of dishonesty, including both academic dishonesty and conduct unrelated to academics that has an adverse impact on the University, violate this policy.

The following behaviors violate Xavier's expectations for Respect for University Values:

Dishonesty - Engaging in any acts of dishonesty, including cheating, plagiarism, fabrications, or assisting others in doing so. Issues of academic dishonesty are normally handled by the faculty member or Dean of the college in which the course is being taken with the assistance of the Dean of Student's Office when requested. More information regarding the Academic Honesty policy may be found in Section 2.3.8.1.

Forgery- Engaging in forgery, alteration, or misuse of University records, documents, instruments, or identification.

Complicity- Being present during the planning or implementation or otherwise assisting with a violation of any University policy. Students who anticipate or observe a violation of the Code of Student Conduct are expected to remove themselves from association or participation and are encouraged to report the incident. More information on the Complicity policy may be found in Section 2.3.8.2.

2.2.6 - RESPECT FOR COMMUNITY

Xavier requires students to conduct themselves with respect for community. By virtue of the Xavier University mission and its commitment to fostering a safe, caring, and supportive learning environment for students free from bullying, harassment, or discrimination, Xavier expects of every student that they be respectful of all individuals. Living in community means that every student must be mindful of and sensitive to behaviors that may be offensive to others, both on and off campus. This is true regardless of whether a student lives on or off campus.

The following behaviors violate Xavier's expectations for Respect for Community:

Disorderly Conduct- Disorderly, lewd, indecent, or obscene conduct (including public urination) on or off University premises or at University sponsored or supervised activities including, but not limited to, academic classes and activities.

Weapon Possession - The possession or use of firearms, explosives, fireworks, dangerous chemicals or other threatening weapons or devices of any description for any purpose including replicas. "Weapons" include, but are not limited to, martial arts weapons, knives (other than those necessary for cooking or approved University activities), bows and arrows, air guns, shot guns, BB guns, paintball guns, rifles, pistols and any other type of deadly weapon, or weapons that can cause bodily harm. More information on the weapons policy may be found in Section 2.3.8.5.

2.3 - Conduct Specifically Permitted and Prohibited

2.3.1 - STANDARDS OF CONDUCT REGARDING ALCOHOL AND OTHER DRUGS

The following is a non-exhaustive list of standards of conduct Xavier will enforce. Additional standards of conduct will be enforced in accordance with federal, state, and local laws, and Xavier's Alcohol and Other Drug Policy.

Tobacco and Nicotine: Xavier University is a tobacco and Nicotine-free campus as stated in the following policy: https://www.xavier.edu/policy/documents/smoke-tobacco-and-nicotine-free-policy.pdf.

Underage Drinking: By state law, it is illegal for persons under the age of 21 to possess, consume, or sell alcohol. Therefore, a student who engages in such behavior is in violation of University policy. Providing alcohol to a student who is not of legal drinking age is a violation of University policy by both parties.

Illegal and Prescription Drugs: The possession, consumption, and sale of illegal drugs and the abuse of prescription drugs are illegal and a violation of University policy.

Drinking Games and Instruments: Participation in alcohol drinking games and the possession of instruments designed to encourage excessive drinking (e.g., beer bongs) is prohibited and a violation of University policy.

Paraphernalia: Any instrument, vessel, or device (e.g., bong, pipe, rolling papers, etc. - this list is illustrative not exhaustive) used to consume alcohol or illegal substances in the commission of a policy violation or state law is considered contraband and is prohibited. Such items will be confiscated and the Student Conduct Process will be levied.

Public Intoxication: Public intoxication on any University-owned property (including but not limited to residence hall common areas, rooms and apartments) is prohibited and a violation of University policy.

False Identifications: The possession of a falsified identification and the representation of another person's identification as one's own are prohibited and a violation of University policy. Such items may be confiscated and considered evidence of intent to purchase alcohol under the legal age limit. Knowingly providing an identification to another student to falsely represent as their own is also a violation of University policy.

Responsibility for Violations: Consumption of alcohol, legal or otherwise, neither removes nor absolves a student from their responsibility to observe University regulations.

Complicity: All students present where a violation is occurring are considered responsible for the violation and may face the Student Conduct Process. For example, if underage consumption of alcohol or use of illicit drugs is occurring in a student's room, all present may be held responsible.

Residence Life Policies: In any University-owned housing, students who are of legal drinking age may possess or consume alcohol in a student's room or apartment. Consumption and possession of open containers of alcohol in public areas of University-owned housing is permitted only with the specific authorization of the Office of Residence Life. Kegs, beer balls and other large amounts of alcohol are not permitted in students' rooms or apartments. Alcohol containers are not permitted as decoration in students' rooms or apartments. Empty alcohol containers must be disposed of promptly. The possession of alcohol or alcohol containers will be considered evidence of consumption and the container may be confiscated and destroyed. No alcohol is permitted in Brockman Hall, Husman Hall, or in any University-owned room or apartment where all residents of that room or apartment are under the legal drinking age. Residence Life Staff who are assigned to alcohol-free areas are permitted to consume alcohol only in their own room or apartment. Alcohol-related conduct that infringes upon the rights of others to a quiet, orderly living environment is not acceptable. A student may be denied the privilege of University-owned housing if they repeatedly violates the Alcohol and Other Drug Policy or if they pose a danger to themselves, others, or the environment while under the influence of alcohol or other drugs.

2.3.2 - HARASSMENT POLICY

Harassment is the creation of a hostile or intimidating environment, in which conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual's life by affecting the person physically or emotionally. Harassment will not be tolerated.

Individuals who believe they have been harassed, individuals charged with harassment, and individuals with knowledge of situations in which harassment may exist should consult this policy (if the alleged harasser is a Xavier student) and the Xavier University Harassment Code and Accountability Procedures (HCAP) if the alleged harasser is an employee or contractor. All students are responsible and expected to know and follow both policies.

http://www.xavier.edu/titleix/documents/HarassmentCodeandAccountabilityProcedures.pdf

2.3.3 - Sex Discrimination

Xavier University prohibits conduct that constitutes Sexual Harassment under Title IX as well as conduct prohibited by Xavier’s Interpersonal Violence policies. Section 2.3.3 defines both types of prohibited conduct. When Xavier receives a report of Sex Discrimination, it is the responsibility of the Title IX Office to determine whether the report will be addressed under Xavier’s Title IX Sexual Harassment policies or the Interpersonal Violence policies and the appropriate and relevant policy will be followed.

If the report received contains allegations of more than one type of prohibited Sex Discrimination and the Title IX Office assesses one or more of those allegations is addressed by Xavier’s Title IX Sexual Harassment and one or more is addressed by Xavier’s Interpersonal Violence policies, at the discretion of the Title IX and Interpersonal Violence Response Coordinator and/or the Dean of Students: 

The Title IX and Interpersonal Violence Response Coordinator and/or the Dean of Students may, if deemed appropriate, in their discretion separate the processes so that the Title IX Sexual Harassment policy violation allegations are addressed by Section 3.4.1 Title IX Sexual Harassment Response and Complaint Resolution Process and the Interpersonal Violence policy violation allegations are addressed by Section 3.4.2 Interpersonal Violence Response and Complaint Resolution Process. 

If a report received contains allegations of policy violations that the Title IX Office assesses are addressed by Student Handbook policies outside of Xavier’s Title IX Sexual Harassment and Interpersonal Violence policies, the Title IX Office will provide that information to the Dean of Students Office who will lead the response on those allegations. 

As referenced in Section 1.6.7, Xavier's Code of Conduct Sections 2.3.3.1 and 2.3.3.2 provide definitions of Sex Discrimination prohibited by the University and these are the policies that will be applied to address student conduct. Ohio and federal law have separate and distinct criminal definitions of these types of conduct that the University is required to publish in this Handbook by the Clery Act (Section 1.3.3).

For information on reporting any type of Sex Discrimination, see Section 1.6.3 ("Reporting Sex Discrimination"). For information on resources related to Sex Discrimination, see Section 1.6.5 ("Resources")

2.3.3.1 PROHIBITED TITLE IX SEXUAL HARASSMENT

Title IX defines Sexual Harassment as conduct on the basis of sex that satisfies one or more of the following: 

  1. An employee of Xavier University conditioning the provision of an aid, benefit, or service of Xavier on an individual’s participation in unwelcome sexual conduct
  2. Unwelcome conduct that would be determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to a Xavier education program or activity; or
  3. Sexual assault as defined in 20 U.S.C. 1092(f)(6)(A)(v); “dating violence” as defined in 34 U.S.C. 12291(a)(10); “domestic violence” as defined in 34 U.S.C. 12291(a)(8); and “stalking” as defined in 34 U.S.C. 12291(a)(30).

(A) Sexual Assault is defined as:

  1. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the complainant, including instances in which the complainant is incapable of giving consent because of incapacitation.
  2. Forcible Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.
  3. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
  4. Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
  5. Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
  6. Sex Offenses, Non-forcible:

(a) Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by Ohio law.

(b) Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 16.   

(B) Dating Violence is defined as:

  1. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

(a) The existence of such a relationship shall be determined based on the Reporting Party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

    2. Including, but not limited to, sexual or physical abuse or the threat of such abuse.

    3. Does not include acts covered under the definition of domestic violence.

(C) Domestic Violence is defined as a felony or misdemeanor crime of violence committed:

  1. by a current or former spouse or intimate partner of the victim
  2. by a person with whom the victim shares a child in common
  3. by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
  4. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
  5. 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 in which the crime of violence occurred.

(D) Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to

  1. fear for the person’s safety or the safety of others; or
  2. suffer substantial emotional distress. 

In accord with Federal law and regulations, conduct can only be considered Sexual Harassment under Title IX if: 

Under Title IX, a covered education program or activity includes locations, events, or circumstances over which Xavier exercised substantial control over both the Responding Party and the context in which the sexual harassment occurs. The Title IX Coordinator is responsible for assessing whether the education program or activity of the reported conduct is covered by Title IX.

2.3.3.2 – PROHIBITED INTERPERSONAL VIOLENCE

Interpersonal Violence is a broad term encompassing any unwelcome act of a sexual, intimate, and/or romantic nature perpetrated by any person against another without that person's Consent or when that person is unable to freely give Consent or is Coerced. Interpersonal Violence occurs regardless of whether there was intent to harm another. While Interpersonal Violence is similar in many respects to Title IX Sexual Harassment described in Section 2.3.3.1 above, this Section 2.3.3.2 addresses conduct that is not within the confines of Title IX Sexual Harassment, such as, but not limited to, conduct of a student that occurs at a non-Xavier affiliated social gathering at an off-campus house.

Interpersonal Violence can involve physical, verbal, and/or electronic contact or conduct (e.g., offensive sexual words, comments, gestures, videos or pictures). It can occur between people of different genders or people of the same gender, or between an individual and a community of people. It can occur before or after consensual sexual activity. (Please refer to the definitions at 2.3.3.2 for additional clarification.)

Retaliation by any University employee against a person complaining of Interpersonal Violence is prohibited.

The following types of Interpersonal Violence are prohibited by the Xavier University's Standards of Student Conduct and the Harassment Code and Accountability Procedures.

      2.3.3.2.1 Sexual Harassment

Sexual Harassment is unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone's ability to participate in or benefit from the University's educational programs, services, and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

2.3.3.2.1.1 Quid pro quo sexual harassment exists when there are:

2.3.3.2.1.2 Retaliatory harassment is defined as any intentional adverse employment or educational action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant in an investigation or resolution of an Interpersonal Violence complaint.

2.3.3.2.1.3 Hostile environment sexual harassment

Determining whether the conduct has created a hostile environment requires an assessment of whether the conduct is sufficiently serious to deny or limit the individual's ability to participate in or benefit from the University program. To determine whether the conduct denies or limits benefits or services, the following will be considered:

The more severe the conduct the less the need to show repeated incidents.

There does not need to be sexual desire motivating the conduct. The key inquiry is whether the Responding Party's words or actions are directed at an individual because of the individual's sex, sexual orientation, and/or gender identity. This includes harassment based on failure to conform to stereotypical notions of sex and gender, including non-conforming appearance and non-conforming mannerisms.

Not all workplace or educational conduct that may be described as "harassment" affects the terms, conditions or privileges of employment or education. For example, a mere utterance of a gender-based epithet, which creates offensive feelings in an employee or student, would not normally affect the terms or conditions of their employment or education.

Examples of sexual harassment may include:

2.3.3.2.2 Public Indecency

Masturbating or flashing/exposing breasts or genitals to others in a public and/or uninvited manner. It also includes engaging in an activity in public appearing to an ordinary observer to be sexual conduct or masturbation.

2.3.3.2.3 Stalking

A pattern of conduct by a person with a sexual, romantic or gender-based motivation that causes or is intended to cause another person to believe that the offender will cause physical harm or mental distress to the other.

2.3.3.2.4 Sexual Exploitation

Occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

2.3.3.2.5 Sexual Assault (or attempts to commit the same)

Sexual Assault is:

Sexual Contact includes: 

2.3.3.2.6 Rape (or attempts to commit the same)

Rape is: 

Intercourse includes:

      2.3.3.2.7 Domestic Violence is defined as:

OR

Domestic violence can include but is not limited to physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Abusive behavior can be spoken, written, or physical. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Individuals of all sexes and gender identities can perpetrate domestic violence and can be victims of domestic violence. Domestic violence can be perpetrated by and against individuals who identify as heterosexual, lesbian, gay, bisexual, and/or transgender, and crosses all social, ethnic, racial, age, and economic lines.

      2.3.3.2.8 Dating Violence is defined as:

OR

Dating violence can include but is not limited to physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Abusive behavior can be spoken, written, or physical. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Individuals of all sexes and gender identities can perpetrate domestic violence and can be victims of domestic violence. Domestic violence can be perpetrated by and against individuals who identify as heterosexual, lesbian, gay, bisexual, and/or transgender, and crosses all social, ethnic, racial, age, and economic lines.

2.3.3.2.9 Interpersonal Violence - Other -

A student may be found responsible for "Interpersonal Violence - Other" if their actions meet the definition of this type of misconduct but do not meet the definition of any particular type of Interpersonal Violence listed in this section.

2.3.3.3 - Important Definitions for Understanding Title IX Sexual Harassment and Interpersonal Violence

2.3.3.3.1 "Coercion" or “Coerced” means:

Real or perceived power differentials between individuals also may create an atmosphere of Coercion that can significantly impair a person's ability to Consent.

2.3.3.3.2 "Consent" means:

Consent must be informed and freely given.

Consent is invalidated when it is forced, coerced, or when a person is physically and/or mentally incapable of giving Consent. For example, a person who is sleeping or a person who is substantially impaired by drugs or alcohol may not be able to Consent. Some signs of substantial impairment may include, but are not limited to, loss of balance/inability to walk without stumbling, slurred speech, inability to focus their vision, vomiting, erratic or extreme behavior, knowledge of person's significant use of drugs or alcohol, or passing out.

Consent is an active, on-going process. It can be withdrawn at any time, and Consent for one sexual act does not imply Consent for another subsequent sexual act. Consent, a lack of Consent or a withdrawal of Consent can be expressed by words, actions, or both. For example, verbal silence or the absence of physical resistance does not automatically mean someone has consented to a sexual activity; nor is physical resistance required for a person to verbally communicate a lack of Consent or to withdraw Consent.

In reviewing an allegation of Title IX Sexual Harassment or Interpersonal Violence, Consent is a critical factor in determining whether there is a violation of this policy. Although all parties must give their Consent to any sexual act and it is the best practice for both partners to be responsible for confirming that they have obtained the other's Consent; it is the responsibility of the person initiating the sexual activity to obtain Consent from the other.

The Hearing Panel may examine the issue of Consent from a variety of perspectives, including whether the Responding Party believed they had obtained Consent and whether a reasonable person would have believed that they had obtained Consent. Although neither perspective is outcome- determinative for every case, students are strongly advised to be mindful of and conduct themselves according to the reasonable person standard and to avoid any ambiguity in obtaining and giving Consent. Responding Parties’ use of alcohol or other drugs will not function to excuse any behavior that violates this policy.

2.3.4 - ON-CAMPUS LIVING POLICIES

The following policies and responsibilities specially pertain to and are in place for students living in University-owned housing.

By signing a University owned housing agreement, the student is entering into a legal, binding contract. By signing this contract, each student agrees that the accommodation shall be available for reasonable investigation or routine inspection by authorized persons. The University recognizes the right of students for privacy under ordinary circumstances, and as a matter of policy, Xavier will not search quarters except in instances which the Dean of Students, Director of Residence Life, or the Associate Provost for Student Affairs considers there is sufficient reason to believe a violation of the law or University policy is occurring or has occurred, or for reasons of health, safety, or maintenance or in instances of emergency. Failure to adhere to any of the following on-campus living policies may result in Student Conduct proceedings.

2.3.4.1 - Amplified Equipment

Students living in University-owned housing are entitled to an environment conducive to sleep and study. Any sound equipment that causes a community disturbance may be confiscated temporarily or permanently. It is suggested that students use the music room in Buenger Hall or Edgecliff Hall.

2.3.4.2 - Appliances

Due to potential fire hazards, maintenance issues, and cleanliness concerns, the following appliances are not permitted for use in any University-owned housing, other than apartments, and will be confiscated: hot plates, coffee coils, toasters, toaster ovens, deep fat fryers, George Foreman grills, sandwich makers, and any other appliances that Xavier may determine are potential fire hazards or maintenance issues. If there is a question about appliances that may or may not be used, contact the Office of Residence Life.

Halogen lamps are a fire hazard and are not permitted in any University-owned housing. All halogen lamps will be confiscated.

Small appliances that may be used with proper care include curling irons, blow dryers, hotpots and popcorn poppers with the heating element housing in a covered unit, irons, and hot rollers. If there is a question about appliances that may or may not be used, contact the Office of Residence Life. Refrigerators that do not exceed 4.3 cubic feet and use less than four amps of power, and microwaves that do not exceed 700 watts are also permitted. Refrigerators must be plugged directly into the wall or be the only appliance on a power strip. Refrigerators are provided in on-campus apartments. Therefore, additional full-sized or mini refrigerators and/or freezers in these residences are prohibited.

In all residence halls, only one refrigerator or microwave is permitted per residence hall bedroom.

Use of power strips is strongly encouraged. Excessive or unsafe use of extension cords or plug adapters is not permitted. Multiplugs are not permitted. In University-owned apartments, all UL approved appliances are permitted for use in the kitchen area.

Items that are confiscated may be returned to the student to take home during a weekend trip or break period.

2.3.4.3 - Candles/Incense/Oil Lamps

The possession of candles and/or incense (decorative or functional) is not permitted in on-campus housing facilities due to the fire hazard they create. Any damage caused by the burning of these items will be the responsibility of the Responsible Party/resident. These items will be confiscated and students will face Student Conduct charges.

2.3.4.4 - Cleanliness

The Office of Residence Life will perform periodic Health and Safety Inspections. These will be done during the semester with 24-hour advance notice, as well as during break periods when halls are closed. Any room or apartment deemed a health hazard to the occupants and/or to other residents by the Office of Residence Life or Physical Plant will result in the residents having 24 hours to thoroughly clean the room/apartments and properly dispose of waste. Upon failure to do so within 24 hours, the custodial staff will clean the room, with each resident being billed proportionately for the cost of labor. A second occurrence may result in referral to the Student Conduct Process.

2.3.4.5 - Damages/Vandalism

Each student is responsible for the condition of and damage to their housing space and shall reimburse the Office of Residence Life or Physical Plant for all damages and loss of furnishings. Upon checking into on-campus housing, each resident is responsible for completing a detailed inventory form in order to identify the condition of the unit. Upon moving out, the room or apartment must be in the same condition as when the student first occupied it. Final damage assessment will only be completed by Residence Life non-student professional staff. 

2.3.4.6. - Decorations

Students may decorate their rooms and apartments in a way that will be pleasing to them, without using paint on walls/ceilings, nails, scotch tape, or other materials that may damage the wall, ceiling, or floor surfaces of any room. Students will be held responsible for any damage caused in their rooms or apartments and will be billed for the repairs. Failure to remove non-University furniture at the end of the year will result in a charge for the removal and disposition of remaining items. Students should use the following guidelines for decorating (this list is meant to be illustrative, not exhaustive):

• Fire safety precautions must be followed when decorating. No more than 50% of a wall or window glass can be covered.

• Students may not use full or empty alcohol containers to decorate their rooms.

• Decorations such as posters, cloth, pictures, or tapestries may not be hung from the ceiling, moldings, steel holder, or attached to anything along the ceiling, or cover any light fixtures due to a possible fire hazard.

• Candles, incense, or other heat/flame producing items (including, but not limited to, halogen lamps, and oil lamps) are not permitted and will be confiscated.

• Residents should limit their decorations to their living space. Residents may decorate any designated space outside their living unit with materials deemed appropriate within the Xavier community. If there are concerns regarding what constitutes inappropriate decorations, contact a Residence Life staff member, as it is the sole responsibility of the Office of Residence Life to make such a determination. Materials containing pornography or profanity of any kind are never appropriate for decoration inside a room, in the space outside the living unit, or anywhere on the Xavier University campus.

• Duct tape, toothpaste, and colored sticky tack can cause damage to the walls and residents should not use these items to hang materials from the walls.

• Christmas/Holiday lights that plug into wall outlets are only permitted from November 15-December 31. Lights that are battery-powered are permitted year-round. Lights must be hung without causing damage and should only be lit when residents are awake and in the room/apartment. Lights left burning for long periods of time may cause burn marks on walls, and charges will be assessed for damages.

2.3.4.7 - Furniture

All furniture and furnishings provided must remain in the room/apartment/house and be used in the manner intended.

• Specifically, closets doors are not permitted to be removed for any reason as it causes damage to the cabinets/closets and hardware.

• In suite-style halls, residents are not permitted to put four beds in one room and make the other room into a "living room."

• Public area furniture is intended for use by the entire community, and as such, should not be removed from the area where it is placed.

• Waterbeds are not permitted in any University-owned housing.

• Lofts are not permitted in any University-owned housing due to possible damage and injury they can cause. The only exceptions are Xavier- supplied lofts in some expanded occupancy rooms and in RA rooms in Buenger Hall.

2.3.4.8 - Visitation and Guests

Any visitors must be the guests of the residents of the apartment/building in which they are visiting. Siblings (15 years of age and older) visiting students must stay with someone of the same gender. Guests should be escorted at all times and are permitted to stay provided they observe the procedures, policies, and regulations established by the residents, the staff, and Xavier. Residents are held responsible for their guests' behavior. A resident may have no more than one overnight guest at any given time, with the roommate's permission. 

Any guest of the same gender who stays overnight may do so only with the permission of the roommate. If a guest intends to stay more than two consecutive nights in University-owned housing, permission must be granted from a Residence Life professional staff member. The guest is considered a trespasser and subject to removal if the above procedures are not observed. Members of another gender may be in individual student rooms or apartments and on single gender wings only during visitation hours which are: Sunday through Thursday, 10:00 a.m. to 1:00 a.m., and Friday and Saturday, 10:00 a.m. to 2:00 a.m. The rights of, and courtesy toward, the roommate(s) will always supersede the right of a resident to have a guest. 

In order to make sure that all residents would be able to vacate a building during an emergency in a timely and safe manner the following guest guidelines have been established: 

2.3.4.9 - Lock-Outs

Residents are responsible for carrying their keys and ALL Card at all times. If a key or ALL Card is lost or misplaced, the student should see a Residence Life staff member immediately. No keys or ALL Cards may be loaned to another individual. If a student is locked out of their room, there will be a charge for having the residence hall room or apartment door opened. Lock-outs are $5.00 at all times in the Residence Halls and $10.00 in the Apartments. If a student loses a key, it is $50 per key. If a student has an ALL Card as a door key and it needs to be replaced, it is $25.00.

2.3.4.10 - Animals

For health and sanitary reasons, students may not keep animals of any kind in University-owned housing with the exception of Service Animals with a housing accommodation, approved Emotional Support Animals with an accommodation, and tropical fish (no piranhas). Fish tank size is limited to less than ten gallons. The care of fish is the resident's responsibility. Policies regarding Service Animals and Emotional Support Animals can be found in Sections 2.3.8.9 and 2.3.8.10 and must be adhered to in the Residence Halls. 

 

Health laws require extermination and deodorization procedures after removal of an animal if it has been kept in the hall. These services will be performed at the expense of the student who violates policy. Pets of guests are also prohibited. 

2.3.4.11 - Quiet Hours/Noise

All students are expected to respect the rights of their fellow students at all times. Noise coming from any room should barely be audible in adjacent rooms or common areas. Quiet hours will be enforced from 10:00 p.m. until noon Sunday through Thursday, and from 1:00 a.m. until noon on Fridays and Saturdays in all residence halls and apartments.

• Students may elect to establish additional quiet hours, which are to be posted on the wing or area and to be adhered to by guests. All other hours are "courtesy hours;" meaning that if a fellow resident or staff member asks for reduced noise, the request will be honored.

• Electronic equipment or other items causing excessive and repeated noise will be confiscated temporarily or permanently due to the disruption to the community.

• Each semester, 24-hour quiet hours begin at 1:00 a.m. the Saturday before finals and extends until the closing of the halls. Any student who fails to cooperate with this policy may be subject to fines, immediate removal from on-campus housing, and/or other sanctions through the Student Conduct Process.

2.3.4.12 - Restricted Areas

Some areas in the residence halls and apartment complexes are restricted and not for general student use. These include electrical or mechanical closets, maintenance break rooms, and storage rooms. Other areas may be designated as restricted by the Office of Residence Life. Students are not allowed on any roof or overhang. Students whose rooms or apartments are adjacent to roof areas will be held accountable for students or guests who use their room to gain access to roof areas.

Common area bathrooms in Brockman Hall are designated by gender and should only be used by members of that gender. Students are responsible for informing their guests of this policy and ensuring that guests adhere to it.

2.3.4.13 - Sports in the Hallway

Students are not permitted to play with or use sporting equipment in the hallways or other non-recreation interior spaces due to the potential for injury to persons or damage to property. Students are only permitted to engage in sports or use sporting equipment in appropriate areas outside or designated interior areas such as the O'Connor Sports Center or building recreation rooms. Any damage caused by engaging in sports or the misuse of sporting equipment will be the responsibility of the involved student(s).

2.3.4.14 - Thermometers

All mercury-filled thermometers, elemental mercury or other mercury containing devices are banned from campus.

2.3.4.15 - Trash

In order to maintain a safe and clean living environment for all community members, trash should be disposed of properly in trash rooms or dumpsters. Improper disposal of trash can lead to pest problems. Failure to properly dispose of trash is a violation of University policy and sanctions may be imposed through the Student Conduct Process.

2.3.4.16 - Unauthorized Room Change

Because of the importance of knowing in an emergency where all students are living, it is imperative that students complete appropriate paperwork and receive permission prior to making a room change. Failure to do so may result in sanctions through the Student Conduct Process.

2.3.4.18 - Windows

University Policy forbids removing window screens, and dumping, throwing, or projecting objects from the windows of any University-owned facilities. Individuals who are found responsible for such behavior are subject to sanctions through the Student Conduct Process. Residents are responsible for the actions of their guests.

• In order to maintain the appearance and safety of University-owned housing, residents may not store items on window ledges and balconies or hang items outside their windows.

• Residents may not place any signage deemed inappropriate, offensive, illegal, or inflammatory in their windows where the general University community can view such items.

2.3.4.17 VILLAGE APARTMENTS OUTDOOR SPACES

The Village Townhouse and Tower apartments (units 7-56) have access to balconies and/or porches off of their units. The occupancy of these spaces is limited no more than 6 people for weight limit and egress safety standards. Students residing in the Village Townhouse and Tower apartments are permitted to store outdoor furniture on their balcony/patio spaces. Outdoor furniture refers to furniture intended for outdoor use and may not exceed four chairs and a small table. Outdoor furniture is not provided by Xavier University, but may be brought in by students residing in these apartments only. These items must be removed along with the rest of students’ personal property upon move out. Storage and use of university owned furniture or other personal property on balconies/porches is not permitted. 

 

Students residing in the Village Flats (units 1-6) are not permitted to store or place items outside of their front door to maintain clear, unobstructed walkways. 

2.3.5 - STANDARDS FOR OFF-CAMPUS LIVING

These are the standards Xavier University will enforce to maintain the quality of student life off-campus. Because Xavier values community relationships, Xavier may hold students accountable for their conduct off campus when made aware of the violations. This specifically includes, but is not limited to, Xavier's Policy of Respect, Alcohol and Other Drug, Harassment and Sex Discrimination Policies. The Dean of Students will coordinate such processes. Alleged violations of or convictions of local, state, or federal law occurring off-campus may violate this policy when the conduct has an adverse impact on the University.

Students are living as residents of long established neighborhoods, which have abiding interests in maintaining property values and quality of life. It is a proper expectation that all neighbors, including students, should act to protect the aesthetic and property values of the community. The University also has an interest in maintaining the quality of the surrounding areas. In general, act the way you would in a neighborhood in which you would like to own property.

Students are expected to maintain their residences, both inside and outside, in an appropriate manner that reflects the standards and expectations for on-campus residential living. Students maintain the yard and outside areas. Do not allow visible trash or junk (i.e., old or battered furniture, empty beer kegs, etc.) to remain. Remove boxes from move-in within a reasonable period of time. Make sure the lawn does not become overgrown. Work with your landlord to keep the property maintained.

If you own a car, be considerate in your parking habits. Park in front of your own home, if possible. Do not park in front of other homes for long periods of time, as the neighbors would like to have access to parking space in front of their homes. The law prohibits parking on sidewalks and lawns.

If you have a party or gathering, be considerate of how it affects the neighborhood. Ensure that music, voices, and other noises do not disturb the normal life of the community. Limit the event to your own living space. Tell your neighbors in advance that you will have guests, provide them with a means of contacting you during the party or gathering (e.g., telephone number), and follow-up with them afterwards.

You may be liable for the actions of your guests. Be aware of your responsibilities and ensure that your guests know theirs. Contact local police if you need help controlling your party or gathering. The Cincinnati Police Department (citywide dispatch) can be reached at 513-765-1212. The Norwood Police Department can be reached at 513-458-4520.

Written warnings and other types of conduct sanctions may be applied to Xavier student residents of an off-campus property where the Standards of Student Conduct are violated. Students should note that a written warning will become part of the student's conduct file.

All student residents of an off-campus property will be responsible for violations that occur at their property. If a resident of the reported off-campus property has documentation from a credible source that they were not present at the time of the violation, that person may not be held responsible. Documentation must be submitted to the Dean of Students or designee to determine if it will be accepted and the final decision will be that of the Dean of Students or designee.

2.3.5.1 - University Authority in Cases Occurring off Campus

The Code of Student Conduct applies to behaviors that take place on the campus, at University-sponsored events and may also apply off-campus when the Dean of Students or designee determines that the off-campus conduct affects a substantial University interest. A substantial University interest is defined to include:

Additional information regarding Xavier's expectations for student's off-campus behavior is found in Section 2.3.5 ("Standards for Off-Campus Living").

2.3.5.1 - University Authority in Cases Occurring off Campus

The Code of Student Conduct applies to behaviors that take place on the campus, at University-sponsored events and may also apply off-campus when the Dean of Students or designee determines that the off-campus conduct affects a substantial University interest. A substantial University interest is defined to include:

Additional information regarding Xavier's expectations for student's off-campus behavior is found in Section 2.3.5 ("Standards for Off-Campus Living").

2.3.6 - ACCEPTABLE USAGE OF COMPUTERS ELECTRONIC DEVICES AND THE INTERNET

2.3.6.1 - Acceptable Use of University Computers and Network Systems

All students shall be required to abide by the Xavier University Policy on Acceptable Use of University Computers and Network Systems. This policy can be viewed online at www.xavier.edu/policy/documents/Acceptable-Use-Policy.pdf

2.3.6.2 - Illegal Sharing and Downloading

Students are expressly prohibited from engaging in illegal sharing or downloading. For the purpose of enforcing this provision, the term "illegal sharing and downloading" shall include the sharing or downloading of any data, files, software, information, music, videos, e-books, games, or other materials in violation of any third party's copyrights, Xavier's policy on Acceptable Use of University Computers and Network Systems, or any federal, state, or local law, rule, or regulation. In addition to any sanction through the Student Conduct Process by Xavier, any student found to have engaged in illegal sharing or downloading may be subject to civil and criminal proceedings.

2.3.6.3 - Social Media and Online Communities

Social media and online communities such as Facebook, Twitter, MySpace, LinkedIn, YouTube, blogs, and the like can be valuable tools for college students, both personally and professionally. Information posted on these sites, however, can often lead to negative or unintended consequences. Students understand that information posted on these sites may become available to advertisers, law enforcement, employers, alumni, campus organizations, Xavier administration, and other users. All information posted on these sites may be utilized for Xavier's legitimate business purposes, including but not limited to assessing student conduct or health and safety matters.

Students are responsible for any and all consequence that may arise as a result of information posted on these sites, and students are encouraged to act accordingly.

Students' use of social media and online communities must also conform with all relevant policies governing Student Conduct, including, but not limited to, the Policies of Respect for Others and the Harassment Code. Violations of this policy may result in sanctions through the Student Conduct Process.

Unless a student obtains prior written consent from Xavier, students may not create any account, page, or profile on any social media outlet that (1) appears to be sponsored by or associated with Xavier or any Xavier group or organization, or (2) may lead others to believe that the account, page, or profile is sponsored by or associated with Xavier or any Xavier group or organization.

2.3.7 - HEALTH AND SAFETY ISSUES INCLUDING FIRE HAZARDS

2.3.7.1 - FIRE SAFETY

Engaging in arson or the irresponsible use of fire or fire safety equipment is prohibited.

All persons must leave the building during fire alarms and may not reenter until instructed to do so by a University official (i.e., Xavier University Police Department Officer, or a Residence Life professional staff member) or a firefighter. Students in a Residence Hall during a fire alarm should leave the window blinds open, close and lock their doors, and turn off the lights.

Students who fail to vacate during a fire alarm or who return to the building before they are permitted to do so are in violation of this policy. Any students who activate a false alarm or tamper with or misuse fire or safety equipment (such as fire extinguishers and door alarms) are in violation of this policy.

A violation of this policy, whether accidental or malicious, places the lives and safety of fellow students in danger. As such, Xavier takes violations of this policy very seriously. All violations of this policy will result in sanctions through the Student Conduct Process as well as prosecution under Ohio law, when applicable.

2.3.7.2 - GRILLING

Due to fire safety concerns, grilling is permitted in designated areas only. Proper safety precautions must be taken when grilling. All grilling must take place at least 20 feet from buildings and structures. Grilling on porches or balconies is prohibited.

2.3.7.3 - HAZING

No student or student organization shall participate in any form of hazing. 

For the purposes of this section, the term "hazing" shall include any intentional or reckless act, or coercion of another to act, that is an implicit or explicit condition for initiation into, admission to, affiliation with, or continued membership in any group or organization, and which causes or creates a substantial risk of causing mental or physical harm, harassment, discomfort, embarrassment, or ridicule to any person, including, but not limited to, coercing another to consume alcohol or other drugs. Examples of common hazing activities may include: 

All hazing allegations shall be reported to Xavier's Dean of Students Office or the Division of Student Affairs. The Dean of Students or designee will initiate an investigation into the allegation and, if appropriate, will initiate Student Conduct proceedings against the accused individual or organization which may result in sanctions as found in section 3.7. The failure to report any incidents of hazing is also a violation of this policy and may result in Student Conduct proceedings. 

In addition to any student conduct sanctions imposed by Xavier, any student or organization found to have engaged in hazing may be subject to civil and/or criminal penalties in accordance with Ohio law and sanctions by any sponsoring organizations (e.g., national fraternity or sorority or NCAA). 

2.3.7.4 - SMOKING/NON-SMOKING AREAS

All Xavier buildings are smoke-free. Therefore, smoking is prohibited in residence hall rooms and any public areas such as hallways, stairwells, lounges, bathrooms, kitchens, laundry rooms, offices, and common areas. Any form of smoking, including the use of cigarettes, cigars, pipes, hookahs, or devices such as an electronic cigarette or a vaporizer, is prohibited in all areas of all University residence halls. Furthermore, smoking may not occur within close proximity to or cause the obstruction of any building entrance, covered walkway or ventilation system. In order to provide a smoke-free entry to buildings, students and others who choose to smoke should do so at least 15 feet away from any building entrance (e.g., a residence hall or apartment.) Students are responsible for informing their guests of this policy and ensuring that guests adhere to it. Any instrument, vessel, or device (e.g., bong, pipe, rolling papers, hookahs, etc.) used to smoke illegal substances in the commission of a violation of Xavier policy or state law is considered contraband and is prohibited. Such items will be confiscated and student conduct charges may be levied. Read Xavier's Smoke, Tobacco, and Nicotine-Free Policy by clicking here.

2.3.7.5 - WEAPONS

The possession of, use or storage of any firearm, ammunition, explosive device (including fireworks), or other deadly weapon in any form is prohibited on any Xavier University property or in a facility or on any property owned, leased, or operated by the University, except by authorized law enforcement personnel. See https://www.xavier.edu/police/courtesy-services/weapons for the complete policy.

"Weapons" include, but are not limited to, martial arts weapons, knives (other than those necessary for cooking or approved University activities), bows and arrows, air guns, shot guns, BB guns, paintball guns, rifles, pistols and any other type of deadly weapon, or weapons that can cause bodily harm. In accordance with section 2923.126 (C-3) of the Ohio Revised Code, Xavier University has the authority to post a sign in a conspicuous location "prohibiting persons from carrying firearms or concealed firearms" onto campus. "A person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A) (4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree."

All unauthorized weapons shall be seized by the XUPD and held for safekeeping pursuant to established departmental procedures, or turned over to the local police/fire department for disposal. Weapons seized from individuals who are duly licensed to carry concealed weapons pursuant to section 2923.125 or 2923.1213 of the Ohio Revised Code may, in the discretion of the XUPD, be returned to said individual upon request and proof that their permit to carry license/permit is valid. Returns shall be made at the XUPD under strict safety guidelines. Any student determined to have violated this policy is subject to disciplinary action via the Student Conduct Process. If the guest(s) of a Xavier student is found in violation of the Weapon's Policy, they will be subject to criminal charges, and other requirements (e.g., banned from campus) will be imposed. Additionally, the student who hosted the non-Xavier guest(s) may be held responsible for the actions of that guest(s) through the University's Student Conduct Process.

2.3.8 - MISCELLANEOUS POLICIES

2.3.8.1 - ACADEMIC INTEGRITY

2.3.8.1.1 - Introduction

2.3.8.1.2 - Definitions & Glossary of Terms

2.3.8.1.3 - Student Responsibilities of Upholding Academic Integrity

2.3.8.2 - COMPLICITY

"Complicity" means allowing a violation to occur, whether by enabling the violation or failing to report it. Students may be held responsible for complicity for being present during a violation of the Standards of Student Conduct. Students may also be held responsible for any Code of Student Conduct violation that is occurring. It is the responsibility of each student to make a prudent choice when they becomes aware of a violation. Those choices include: 1) leaving the situation immediately; 2) advising those in violation of the Standards of Student Conduct to cease behavior and then leaving the situation immediately thereafter; 3) reporting the violation of the Standards of Student Conduct and leaving the situation immediately; or 4) staying and possibly being charged with a violation of the Standards of Student Conduct.

2.3.8.3 - Student Activism Guidelines

Philosophy:

Xavier’s institutional commitment to the promotion of justice and the common good informs our perspective on the role of student activism in our campus community.  Xavier University seeks to provide students with the skills and experiential learning opportunities to productively engage in civil discourse across conflicting intellectual, moral and spiritual viewpoints with compassion and the goal of achieving educational awareness and solidarity.  This policy is intended to facilitate student activism in a safe and coordinated manner.

Descriptions: 

For the purposes of this policy, the term “demonstration” will refer broadly to the organized display of these rights and includes but is not limited to protests, gatherings, rallies and processions and/or fixed exhibits. Non-violent student demonstrations may be permitted on Xavier’s campus after registration (as described in Section III below) has occurred and as long as they are orderly, lawful, and fully in compliance with the specific guidelines provided below and all other policies within the Xavier Student Handbook and Code of Student Conduct.

Student demonstrations on campus may not interfere with the rights of others to engage in and benefit from the educational programs and services of the University. Accordingly, the University, through the Associate Provost for Student Affairs (or designee) may limit the time, place and manner of demonstrations as follows:

Time

Demonstrations must occur within the hours of normal operations for the facility or space in which they are permitted to occur. Buildings will not be kept open beyond regular hours to accommodate demonstrations. Outdoor demonstrations must abide by time requirements established in the Outdoor Event / Outdoor Space Reservation policy https://www.xavier.edu/student-involvement/documents/outdoor-event-space-policy.pdf.  Fixed exhibits may only remain displayed for five (5) or fewer consecutive business days and may not be displayed during University holidays. The sponsoring party is responsible for any damage to University property resulting from the exhibit. All Demonstrations are prohibited after the end of the student programming deadline as established by the Office of Student Involvement https://www.xavier.edu/student-involvement/documents/final-day-of-campus-programming-policy.pdf

Place

Due to their central and visible locations on campus, Xavier has designated the Sedler Plaza (in front of the Cintas Center), the Husman stage, and the Atrium of the Gallagher Student Center (GSC) as preferred demonstration areas.  Students desiring to demonstrate should choose one of the three spaces or provide a written explanation why another place is of critical importance to the proposed demonstration. Demonstrations may not impede the free flow of pedestrian or vehicular traffic, block thoroughfares, or obstruct campus building entry or exit points.

Manner

As a Jesuit institution, the manner in which Xavier students engage in civil discourse – regardless of content or viewpoints being expressed – is held to a high standard. Just as students are encouraged to engage in critical thought and social action, so are they expected to do so in a civil manner that honors the inherent dignity of all people, even those who may disagree.

Therefore, demonstrations may not take place in a manner that endangers the University community, is disorderly, violates the law, defames a specific individual, constitutes a threat or harassment to or of others, unjustifiably invades the rights of others, interrupts the functioning of the University or unreasonably interferes with the rights of other students, faculty, or staff of the University,

A demonstration is considered disorderly if it becomes disruptive and interferes with the freedom of other members of the Xavier community to engage in and benefit from the educational programs and services of the University.  Determination that an event is disorderly will be made by the Associate Provost of Student Affairs or designee, in consultation with the event’s organizers and XUPD when appropriate.  

Examples of disorderly demonstrations include but are not limited to activity that:

Additionally, demonstrations may not utilize amplified sound in a manner that substantially interferes with classes or other events in progress. Demonstrations deemed disorderly or in violation of this policy must be suspended or stopped immediately. The University may also seek the assistance of external law enforcement to disband unlawful or unauthorized demonstrations. Any student who participates in or assists in facilitating a disorderly demonstration may face disciplinary action in accordance with the Standards of Student Conduct as articulated in the Xavier Student Handbook and Code of Student Conduct. 

Notification/Registration: 

In order to promote coordination and campus safety, demonstrations should be registered through the Office of Student Involvement for approval by the Associate Provost or designee via the Major Event Registration form (https://orgsync.com/32078/forms/129293). Individual students or recognized student organizations intending to organize a demonstration are encouraged to notify the Office of Student Involvement (OSI) two (2) business days before the demonstration. Upon receiving notification, a representative of the Office of Student Involvement will offer to meet with organizers to provide appropriate support and resources to mitigate risk and protect participants’ rights. This meeting is not an attempt by the University to censor, but rather to advise organizers regarding applicable standards for time, place, and manner. 

Demonstrations organized or sponsored by those who are not Xavier students, faculty or staff are not permitted on University property. Should non-student visitors participate in an event as guests of a Xavier student, the Xavier student host may be held accountable for the behavior of their non-student guests.  Xavier students are encouraged to ensure that any guests are aware of Xavier’s community expectations and those included in this policy.

This policy is intended to support and encourage critical thinking and engagement in dialogue that upholds and promotes Xavier’s commitment to social justice and care for the common good.

2.3.8.4 - DISORDERLY/DISRUPTIVE/DAMAGING BEHAVIOR

The maintenance of a community environment conducive to learning, academic success and positive relationships is dependent upon the cooperative efforts of all community members, including students. As such, disorderly, disruptive and damaging behavior is prohibited. Any student who disregards the rights of individuals or the community, causes physical damage to property, or interferes with the normal functioning or safety of the community is subject to the Student Conduct Process. Lewd, indecent or obscene conduct may constitute a violation of this policy. This policy can be violated by a single act of disorderly, disruptive or damaging behavior or a pattern of any such behavior. Patterns of behavior may be a succession of related acts or a series of actions over a period of time.

2.3.8.5 - GAMBLING

No student or student organization shall engage in any form of gambling, which includes Sports Wagering (see section 1.2.15 of this handbook). Students and student organizations should consult with the Associate Provost for Student Affairs, or designee prior to organizing or conducting fundraisers or other events that may simulate gambling (including, but not limited to, raffles, bingo, or casino nights). Any student or organization believed to have engaged in prohibited or illegal gambling activities may be subject to the Xavier's Student Conduct Process, and/or legal action under state or federal law.

2.3.8.6 - SOLICITATION

Individuals are prohibited from sponsoring or hosting the sale of products or devices on campus, or using University resources or technology for the sale or distribution of any products or devices, without written permission from the Office of Student Involvement or designee. Door-to-door solicitation is strictly prohibited.

2.3.8.7 - STUDENT CONDUCT AT XAVIER ATHLETIC EVENTS

Unless provided by one of Xavier's authorized vendors, the possession or consumption of alcoholic beverages is expressly prohibited at all Xavier athletic facilities, including, without limitation, Cintas Center, Schmidt Field House or O'Connor Sports Center.

Students are prohibited from engaging in any conduct, which may be illegal, offensive, or disruptive at any Xavier athletic event. Such activities may include, without limitation, throwing or projecting objects of any kind; wearing inappropriate, inflammatory, or offensive clothing using disruptive or abusive language or gestures; interfering with the progress of any athletic event; or entering the floor, field, track, or playing surface of any athletic facility before, during, or after an athletic event without prior approval.

Any student who violates this Section may be immediately ejected from an athletic event and suspended from attending future Xavier athletic events until the conclusion of the Student Conduct Process.

2.3.8.8 - THEFT

Entering a Dining Facility Without Presenting an ALL Card or Paying

Entering a University dining facility without either presenting the ALL Card or not paying for the meal will be considered theft and the student will be held responsible through the Student Conduct Process.

Dining Facility Property

All non-disposable items used for eating a meal in the dining facility (e.g., flatware, plates, bowls, glasses, cups, saucers, trays) are the property of Xavier Dining Services and are not to be removed or taken from the dining facility. Any such items identified outside of the dining facility that are identified as part of the Xavier Dining Services inventory will be confiscated and returned to Xavier Dining. Students found in possession of such items outside of the dining facility will have violated the Standards of Student Conduct and will be charged through the Student Conduct Process.

Unreasonable Removal of Food from the Dining Facility

While it is within reason and permissible that a student may wish to leave the dining facility with a dessert or piece of fruit, removing large quantities of food that may be used to feed others at a student gathering or for the purpose of "stockpiling" food at one's residence is strictly prohibited and will be considered stealing and a violation of the Standards of Student Conduct.

Common Area Furniture

Common area furniture is provided for the use of all residents and guests in the common area. Removing furniture from a common area of any University-owned building may result in Student Conduct charges.

Residence Hall and Apartment Thefts

All thefts in the residence halls and apartments should be reported immediately to the Residence Life staff and to the Xavier University Police Department. A Xavier University Police Department Officer will assist you in filling out forms necessary for any insurance claim. Although Xavier takes normal precautions to safeguard property, it is not responsible for theft, loss, or damage to student property. It is strongly recommended that each individual secure insurance coverage for all items of personal property as well as taking precautionary steps (e.g., locking your residence) to prevent opportunity thefts from occurring.

2.3.8.1.1 - INTRODUCTION

All members of the Xavier University community are motivated and inspired by Xavier’s Jesuit and Ignatian traditions. These traditions ask us all to see knowledge and engagement through this lens. As such, these policies and procedures reflect these attributes and are guided by the spirit of these traditions and heritage. Additionally, the language of the policy and the procedures for reporting and addressing issues of academic integrity are designed to be clear and accessible, with the goal of providing consistency and transparency for all, both students, staff, and faculty. 

The pursuit of truth demands high standards of personal honesty. Academic and professional life requires a trust based upon integrity of the written and spoken word. Accordingly, violations of academic integrity will not be tolerated at Xavier University. These include cheating, plagiarism, the falsification of records for academic gain, collusion, copyright infringement, or abuse of physical or intellectual property. 

2.3.8.1.2 - DEFINITIONS & GLOSSARY OF TERMS

Students are expected to submit materials that are their own, and to provide proper credit for any language or ideas that are not their own.  Violations of academic dishonesty are defined below and include, but are not limited to: 

(1) Cheating 

(2) Proper Citation of Sources and Plagiarism 

(3) Falsification 

(4) Collusion  

(5) Copyright and 

(6) Abuse of physical/personal or intellectual property.  

Such dishonesty may involve written or spoken communication or those conveyed in electronic form. 

 

1. Cheating 

Cheating is the fraudulent or dishonest presentation of work.  It involves the use of unauthorized or unethical assistance to gain an unfair advantage over other students.  Examples of cheating include, but are not limited to: 

 

2. Proper Citation of Sources and Plagiarism

As a member of an academic community, it is important to credit the sources you use in your research writing. Citation conventions vary across disciplines, and it is important to become familiar with what is expected within your particular field of study. Additionally, ideas about intellectual property vary from culture to culture, so what may be considered fair use in one location may be thought of as plagiarism in another. Generally speaking, you should credit all sources in your 

research, using the citation style appropriate to your field (e.g. MLA, APA, Chicago Style, etc.) whether you quote directly, paraphrase, or summarize what you have read. 

To maintain academic integrity, you must cite the sources you use in all three of these cases. 

 

Plagiarism is the act of taking words, ideas, data, illustrations or creative work of another person or source and presenting them as your own.  Plagiarism takes place whether such theft is accidental or deliberate.  A claim of forgetting to document ideas or materials is no defense. There are three basic types of plagiarism that can compromise a student’s academic integrity: 

 

Examples of plagiarism include, but are not limited to: 

 

 3. Falsification 

Falsification involves misrepresenting records in order to achieve academic gain.  It involves making false statements that mislead others.  Examples include the following: 

 

4. Collusion

Collusion is defined as assisting or attempting to assist another student in an act of academic dishonesty. 

It may involve collaboration with another person or persons when independent work is expected.  It is the student’s responsibility to seek clarification from the instructor as to what collaboration is allowed on any given graded assignment.    

This may also involve turning in work that is very similar or identical to another classmate’s work or receiving help without prior permission from the instructor. 

 

 5. Copyright 

Xavier University course sites contain copyrights held by the instructor, other individuals or institutions. Such material is used for educational purposes in accord with copyright law and/or with permission given by the owners of the original material.  You may download one copy of the materials on any single computer for non-commercial, personal, or educational purposes only, provided that you (1) do not modify it, (2) use it only for the duration of this course, and (3) include both this notice and any copyright notice originally included with the material.   Beyond this use, no material from the course web site may be copied, reproduced, re-published, uploaded, posted, transmitted, or distributed in any way without the permission of the original copyright holder.  The instructor assumes no responsibility for individuals who improperly use copyrighted material placed on the web site. 

 

 6. Abuse of Physical or Intellectual Property 

Abusing property comes in many forms.  Examples include, but are not limited to: 

2.3.8.1.3 - STUDENT RESPONSIBILITIES OF UPHOLDING ACADEMIC INTEGRITY

To uphold academic integrity, students shall: 

Thus, no student shall engage in an activity that undermines academic integrity or facilitates academic integrity violations by others. This includes, but is not limited to, the following behaviors: 

  1. No student shall procure, provide, or accept any material that contains questions or answers to any examination or assignment unless the student’s possession of the material has been authorized by the instructor.
  2. No student shall complete, in part or in total, any academic work (e.g., examination, assignment, paper) or obtain academic credit (e.g., attendance, participation) for another person.
  3. No student shall allow any academic work or academic credit to be completed or obtained, in part or in whole, for themselves by another person.
  4. No student shall plagiarize or copy the work of others and submit it as their own work.
  5. No student shall employ aids in undertaking course work or in completing any exam or assignment that are not authorized by the instructor.
  6. No student shall alter graded class assignments or examinations and then resubmit them for regrading without the instructor’s permission. 
  7. No student shall submit substantially the same material more than once without prior authorization from the instructor, such as a paper that was written and submitted in another class. 

Matters of academic integrity will be resolved within the appropriate Academic Dean’s Office or with the assistance of the Dean of Students Office as circumstances require. 

2.3.8.9 - SERVICE ANIMALS

A service animal is a dog (or in some cases a miniature horse) that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other qualified disability. 

 

The work or task that the service animal performs must be directly related to the individual's disability. Examples include assisting individuals with low vision and alerting individuals who are hearing impaired. Service animals may also be needed to pull a wheelchair, retrieve items such as medicine or a telephone, recognize and assist during seizures, and prevent or interrupt compulsive or destructive behavior. 

 

Service animals are allowed in all places of public accommodation. This includes campus buildings, residence halls, and anywhere on campus they are needed to assist an individual with a disability to participate in educational programs and other campus activities. 

Service animals must be under effective control at all times and cannot harm or threaten others in the campus community including faculty, staff, students and guests. 

 

Consistent with federal and state law, a service animal may be prohibited from university facilities or programs if the animal's behavior or presence poses a direct threat to the health or safety of others. The animal may also be excluded from areas where its presence fundamentally alters the nature of a program or activity, if the animal is disruptive, if its presence would result in substantial physical damage to the property of others, or if it substantially interferes with the reasonable enjoyment of housing or public accommodation by others. 

Any animal living on campus must provide an updated vaccination report. 
 
Although an accommodation request does not have to be made to have a service animal on campus, it is suggested to request a housing accommodation to ensure that you have an optimal living environment to accommodate an animal. 

 

If a student with a service animal would like to receive additional accommodations, documentation and an Accommodation Planning Meeting with the Office of Disability Services will be required to determine the appropriate accommodations. 

2.3.8.10 - EMOTIONAL SUPPORT ANIMALS

An Emotional Support Animal (ESA) is defined as any animal with a primary role of providing emotional comfort to a person with a disability. ESA’s are not required to undergo specialized training. ESA’s are not the same as Service Animals in that they are not individually trained to do work or perform tasks for the benefit of an individual with a disability. A request to have an ESA within Xavier University owned and operated housing is considered a request for an accommodation and will be reviewed on a case-by-case basis by Disability Services. 

 

Xavier University does not allow students to have pets in University owned and operated housing. However, Xavier University recognizes that the reasonable accommodation of an Emotional Support Animal is sometimes necessary to afford a student with a disability an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program. Emotional Support Animals do not qualify as Service Animals under the Americans with Disabilities Act Amendment Act (ADAAA), and as a result, are not entitled to the same protections or right of access as a Service Animal. However, under Fair Housing Act (FHA), ESA’s are considered a reasonable accommodation and students with disabilities can request this accommodation by providing the necessary documentation to the Office of Disability Services. FHA only applies to the dwelling unit, not the campus at large (Areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreation areas and passageways among and between dwellings). 

 

As with any accommodation request, the request for an Emotional Support Animal (ESA) is determined on a case-by-case basis. To evaluate a student’s request for an ESA as a reasonable accommodation, appropriate documentation is required by a qualified professional. For more information on the process to request an ESA accommodation, please visit https://www.xavier.edu/disability-services/accommodations/emotional-support-animal-accomodation/index 

SECTION 3 - RESPONSE TO STUDENT BEHAVIOR

3.1 - INTRODUCTION

Students are responsible for knowing and abiding by the Standards of Student Conduct described in Part 2 of this Student Handbook. If someone complains that a student has violated any section of the Standards of Student Conduct, or if Xavier otherwise becomes aware that a student may have violated the Standards of Student Conduct, in most instances the matter will be reviewed in accordance with the Student Conduct Process set forth in Part 3 of this Handbook.

As described more fully below in Section 3.5 ("Methods of Resolving a Charge of a Violation of the Standards of Student Conduct"), student conduct matters may be resolved in one of three ways: the student, the "Responding Party," accepts responsibility for the charges and the accompanying sanction (s); or by way of an alternative resolution process; or by way of a hearing to determine whether the student is responsible or not responsible for the alleged violation (s). Alternative resolution processes are not appropriate for and will not be offered in Title IX Sexual Harassment or Interpersonal Violence matters. Students who accept responsibility for violations and students who are found responsible will be sanctioned in accordance with Section 3.7 ("Sanctions") of this Handbook.

Students should be aware that violations of this Handbook are sometimes also potential violations of the law. For more information, see Section 1.3.5 ("Violation of Law and University Policy") of this Handbook.

3.2 - HOW TO REPORT AN INCIDENT BELIEVED TO BE A VIOLATION

Students, faculty, administrators, staff, guests, and members of the community are encouraged to report an incident they believe to be a violation of the Standards of Student Conduct by a student. Reports can be made to any of the following:

Students, faculty, administrators, staff, guests, and members of the community are encouraged to report an incident they believe to be a violation of the Standards of Student Conduct by a student. Reports can be made to any of the following:

Xavier University Police - 513-745-1000 (on and near campus emergencies),
513-745-2000 (non-emergencies), Flynn Hall, 1648 Herald Avenue, Cincinnati, OH 45207;

Title IX and Interpersonal Violence Response Coordinator (Reports of Sex Discrimination) - 513-745-3046, Gallagher Student Center, Room 332B, 3800 Victory Parkway, Cincinnati, OH 45207;

Residence Life - 513-745-3203, Room 009D - Musketeer Mezzanine in Justice Hall,
3800 Victory Parkway, Cincinnati, OH 45207;

Dean of Students - 513-745-3166, Gallagher Student Center, Room 302
3800 Victory Parkway, Cincinnati, OH 45207;

Center for Diversity and Inclusion - 513-745-3181, Gallagher Student Center, Room 200/280,
3800 Victory Parkway, Cincinnati, OH 45207, http://www.xavier.edu/diversity-inclusion.

See also Section 1.6.3.1 ("Reporting Sex Discrimination") and Section 3.2.1 ("Anonymous Reporting Hotline") of this Handbook. Individuals should report incidents they have witnessed, have been involved in, or have reason to believe are in violation of the Standards of Student Conduct. Reports may be made in writing or verbally, by email, in person or over the phone.

3.2.1 - ANONYMOUS REPORTING HOTLINE

The Office of Audit and Risk Management manages Xavier's Anonymous Reporting Hotline for employees and students. The hotline allows users to confidentially report potential ethical misconduct or breaches of laws, rules, regulations or University policies. It may be accessed online (www.xavier.edu/risk-management) or by calling a toll-free telephone number at 855-481-6238. Students may also use the hotline to follow-up on a report. Note: Users will be taken to a secure web site hosted outside of the Xavier University network to assure anonymity of on-line reports.

Xavier prefers reports regarding student conduct matters be made to one of the other locations set forth in Section 3.2 ("How to Report an Incident Believed to be a Violation") so that Xavier may better address the matter. However, Xavier would rather that an anonymous report be made than no report at all.

3.2.2 - GOOD SAMARITAN AMNESTY POLICY

Xavier University is committed to promoting the health, well-being and safety of all members of our community. At times, students may need emergency assistance from University officials. In accordance with our Jesuit values, Xavier University encourages students to offer help and assistance to others in need. Xavier University recognizes that at times students may be hesitant to call for assistance, for fear of negative consequences related to their own behavior or the behavior of the student in need of assistance. For example, an underage student who has consumed alcohol might hesitate to request medical attention for an intoxicated student or a victim of sexual assault may hesitate to report the incident to Xavier if they were intoxicated at the time of the Title IX Sexual Harassment or Interpersonal Violence.

Xavier's Good Samaritan Amnesty Policy is designed to encourage a student to seek emergency assistance for oneself or a fellow student regardless of the events occurring at the time the emergency occurred. . The Good Samaritan Amnesty Policy encourages a bystander or an impaired student to call for immediate assistance by eliminating the restrictive sanctions typically applied under Xavier's Alcohol and Other Drug Policy. Students who qualify for Amnesty include those seeking assistance for themselves or another individual. Qualifying students will receive educational interventions rather than restrictive conduct sanctions, such as probationary statuses. To qualify for Amnesty, students must do the following:

  1. Proactively seek prompt assistance from Xavier officials or law enforcement personnel;
  2. Stay with the person needing assistance until help arrives to provide officials with as much information as possible;
  3. Cooperate with all directives of the University officials or law enforcement personnel responding to the incident;
  4. Meet with a Residence Life staff member and/or the Dean of Students or designee to discuss the situation and comply with all assigned educational interventions.

The Xavier University Good Samaritan Amnesty Policy is not intended to shield or protect those students who repeatedly violate the Code of Student Conduct. In cases where repeated violations of the Xavier University Code of Student Conduct occur, the University reserves the right to take student conduct action on a case by case basis regardless of the manner in which the incident was reported.

Amnesty consideration will be provided in cases of suspected extreme intoxication, medical evaluation or other life-threatening circumstances due to alcohol and will not extend to related infractions such as assault or property damage. Xavier's Good Samaritan Amnesty Policy applies only in situations in which students initiate the request for assistance and will generally not be applied in situations in which university officials (including student staff) initiate the response.

The Dean of Students or designee reserves the right to offer amnesty to Reporting Parties and witnesses if the circumstances indicate the Reporting Party and/or witnesses may have engaged in conduct less severe than the allegations involving the Responding Party.

In cases involving allegations of Sex Discrimination, Xavier provides amnesty to students reporting having experienced Sex Discrimination and/or witnesses participating in a Sex Discrimination investigation and conduct process who may have engaged in more minor policy violations (e.g. underage alcohol consumption).

3.3 - INTERIM MEASURES FOR INDIVIDUALS AND/OR THE CAMPUS COMMUNITY

Pending resolution of a Student Conduct matter, "Interim Measures" may be implemented by the Dean of Students, Director of Residence Life or Xavier University Police before a student conduct hearing, if any, when there is a significant student conduct or health and safety concern that requires immediate intervention to preserve and support the general welfare and academic experience of one or more students and/or the Xavier community. In matters involving allegations of Interpersonal Violence, the Title IX Office may work with the listed individuals to identify, coordinate or implement Interim Measures. Information regarding these types of measures (referred to as “Supportive Measures” under Title IX) in matters of Title IX Sexual Harassment may be found in Section 3.4.1.7.

Examples of Interim Measures include, but are not limited to, a University No Contact Order, adjustments to and assistance with academic, living, or working situations, counseling, health services, visa and immigration assistance and assistance in notifying appropriate local law enforcement. These remedies may apply to one, both, or multiple parties involved. Violations of any Interim Measures may constitute separate Code of Conduct violations that may lead to additional disciplinary action. Interim Measures imposed may be temporary pending the results of an investigation and/or student conduct process or may become permanent as determined by Xavier University.  

Requests for Interim Measures should be directed to the Dean of Students, Director of Residence Life, Xavier University Police or the Title IX Coordinator.

In matters of Interpersonal Violence, the Title IX Office will determine whether Interim Measures should be implemented, and if so, take steps to implement those measures as soon as possible.

Personally identifiable information about the Reporting Party will be treated as confidential and only shared with persons with a specific need to know. This would include individuals who are investigating/adjudicating the complaint or delivering resources or support services to the Reporting Party. For example, publicly available records for purposes of Clery Act reporting and disclosures will be made without inclusion of identifying information about the Reporting Party, as defined in 42 USC 1395 (a) (20).). Further, the University will maintain as confidential, any adjustments or Interim Measures provided to the Reporting Party to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.

The University does not publish the name of Reporting Parties nor maintain identifiable information regarding Reporting Parties in XUPD’s Daily Crime Log or online reports. In accord with FERPA, Reporting Parties may request that directory information on file be removed from public sources. Reporting Parties, who are employees, should contact the Office of Human Resources and students may request directory information be removed from public sources by filling out the required form at the Registrar's Office.

The following is a non-exclusive list of examples of Interim Measures that may be implemented, when determined to be necessary and appropriate.

3.3.1 - XAVIER UNIVERSITY ISSUED NO CONTACT ORDER

A No Contact Notice may be issued by the University if deemed appropriate. A No Contact Notice prevents a person from contacting another person or having another person make contact on their behalf. The identity of a person requesting a No Contact Notice must be provided to the recipient of the No Contact Notice. The duration of a University issued No Contact Notice will be determined by the University official issuing the No Contact Notice.

3.3.2 - EXTERNALLY ISSUED PROTECTIVE ORDERS

Xavier University complies with Ohio law in recognizing orders of protection and encourages any person who obtains an order of protection from any U.S. state to provide a copy to XUPD and the Title IX and Interpersonal Violence Response Office. A Reporting Party may then meet with XUPD to develop a Safety Action Plan, which is a plan for XUPD and the victim to reduce risk of harm while on or nearby campus. This plan may include, but is not limited to escorts; providing a temporary cellphone; changing classroom location, supervisor or work location; or allowing a student to complete assignments from home. The University cannot apply for a legal order of protection for the victim from the applicable jurisdiction(s). The victim is required to apply directly for these services. For access to all required forms related to orders of protection, visit the Clerk of the Courts page at http://www.occaohio.com/counties.

Types of Protection Orders in Ohio

There are different kinds of Protection Orders available to victims of different forms of unwanted conduct. Depending on who the perpetrator is, what happened, and other factors, there are differences in where, when and how you seek these orders, what they do, and how long they last. Xavier's Annual Security Report provides basic information on each, and then detailed information follows. Ohio has jurisdiction over these cases as long as some of the acts occurred in Ohio, regardless of where the perpetrator lives. In Protection Order cases, the person who files the motion for the Protection Order is the "Petitioner" and the accused perpetrator is the "Responding Party."

Upon receiving notice and a copy of an externally issued protective order from a court of competent jurisdiction, Xavier University Police Department will assist in the enforcement of the order, including responding to reported violations of the protective order. While alerting XUPD to the existence of a Civil Protection Order (CPO) and/or seeking assistance from XUPD regarding a potential violation of a CPO, these actions will not necessarily trigger XUPD having to initiate an investigation (particularly if the Reporting Party expresses their preference that XUPD not do so), but individuals should know that contacting XUPD regarding a CPO may put them on notice that Interpersonal Violence or Title IX Sexual Harassment may have occurred and XUPD will then be required to report that information to the Title IX and Interpersonal Violence Response Office.

3.3.3 - ESCORTS

Arrangements may be made so that a student has an escort (a friend, a police officer, or another individual) at particular times (e.g., to/from a particular class or activity, to/from their vehicle to be able to go to work off campus, etc.)

3.3.4 - ADDED POLICE PRESENCE

Xavier University Police Department presence may be increased in a particular area or over the entire campus.

3.3.5 - MAKING ADJUSTMENTS TO ON-CAMPUS LIVING ARRANGEMENTS

Adjustments may be made to a student's on-campus living arrangements, if space allows. For example, a Responding Party may be required to move to a different dormitory if they are in the same dormitory as a student who has been personally adversely affected by an alleged violation of the Standards of Student Conduct. A Responding Party may also be required to move off campus in certain circumstances. Note that the burden of any move or other adjustment will usually be placed on the student alleged to have violated the Standards of Student Conduct.

3.3.6 - MAKING ADJUSTMENTS TO CLASS SCHEDULES OR XAVIER ACTIVITIES

Adjustments can be made to a Reporting Party and/or Responding Party's class schedule and/or their participation in a Xavier activity (e.g., a student club, a club or NCAA athletic team, a Xavier-sponsored trip, etc.) pending the resolution of a student conduct matter. Responding Parties' ability to participate in Xavier activities may be limited or restricted pending the resolution of a student conduct matter. For example, a Responding Party may be required to withdraw from or make other arrangements for participating in a particular class that is shared with a student who has been personally adversely affected by an alleged violation. Note that the burden of any change will usually be placed on the student alleged to have violated the Standards of Student Conduct. If the resolution of the underlying conduct matter does not result in a separation from Xavier (i.e., suspension or expulsion), measures will be taken to assist the Responding Party in mitigating any negative academic impact resulting from the temporary adjustments to their class schedule or Xavier activities.

3.3.7 ACADEMIC ASSISTANCE

To support the Reporting Party's ability to have equal access to their education after reporting Sex Discrimination, the Title IX Office may work with the Reporting Party's faculty to arrange any academic assistance (e.g. extension on assignment, making up text) that may be deemed necessary.

Pending conclusion of the student conduct process, the Dean of Students or designee may work with the Responding Party's faculty to arrange any academic assistance (e.g. extension on assignment, making up text) that may be deemed necessary.

3.3.8 - INTERIM SEPARATION FROM XAVIER

Should an individual pose an immediate danger to or severely disrupt the Xavier community, or endanger any individual (including oneself), a student may be separated from Xavier, including removal from all housing, classes and activities, pending the resolution of a student conduct matter. When an Interim Separation is imposed, a student is excluded from participation in any academic or other Xavier activities for the duration of the Interim Separation and is prohibited from visiting Xavier's premises (all buildings and grounds) except when engaged in official conferences approved in writing, by phone or email through the Dean of Students, or designee. If the resolution of the underlying conduct matter does not result in a separation from Xavier (i.e., suspension or expulsion), measures will be taken to assist the student in mitigating any negative academic impact resulting from being put on interim separation from Xavier. The decision whether or not to impose an Interim Separation will be at the discretion of the Dean of Students, or designee. In matters of alleged Sex Discrimination, the Title IX Office has the authority to impose Interim Separation.

Any student placed on Interim Separation pending the Student Conduct Process may not return until after the conclusion of the Student Conduct Process.

In the instance of an alleged occurrence of Sexual Harassment that is prohibited by Title IX (Section 2.3.3.1) where the Title IX Office places the responding student on Interim Separation, Xavier will follow the policies of Section 3.4.1.7.1 Emergency Removal in Title IX Sexual Harassment Matters.

Should a Responding Party be found responsible for a violation of the Code of Student Conduct, Interim Separation may be continued or initiated pending conclusion of any appeal proceedings.

3.3.9 - OTHER INTERIM MEASURES

Other Interim Measures may be taken if deemed appropriate by the Dean of Students or Chief Title IX Officer based on the facts and circumstances of a particular situation.

3.3.10 - EMERGENCY MEDICAL WITHDRAWAL

Interim Measures may be taken by the Dean of Students to address a medical or behavioral emergency involving a student (including a mental health crisis). A student whose conduct involves threatening behaviors and which is contrary to the Standards of Student Conduct, due to psychological or other medical difficulties, may be required to participate in the Student Conduct Process and/or to obtain a diagnostic evaluation. A student may also be required to participate with the University in developing a relevant treatment plan. Failure to comply with the treatment requirement can result in contact with parents, disciplinary action, and removal from on-campus housing, and/or mandatory withdrawal from Xavier.

Further, Xavier may disclose information from a student's education record to appropriate parties in connection with an emergency if the information is necessary to protect the health or safety of the student or other individuals.

When a Xavier employee has knowledge of conduct that causes a belief that a student is a direct threat of danger to others or if the student has demonstrated behaviors that are disruptive to the community or constitute violations of the Standards of Student Conduct, Xavier reserves the right to mandate a diagnostic assessment. This assessment will be conducted by an independently licensed professional acceptable to the University. In such instances, the student will be required to sign a release of information indicating that specific limited information can be shared with the Dean of Students regarding the outcome of the assessment, which may become part of the student's education record. Specifically, information shared may include whether the student has complied with scheduling and completing the mandated assessment, and whether or not the student has agreed to follow-up treatment recommendations. The student will be advised of the possible consequences of signing such a release. If the release of information has not been signed, and a copy has not been provided to the Dean of Students within five business days of the request, the Dean of Students may make contact with parents, and/or the student may be subject to disciplinary action, removal from on-campus housing, and/or mandatory withdrawal from Xavier.

Upon completion of the assessment, the Dean of Students will consult with the assessor and others, including the student, to determine whether in the Dean's judgment the student no longer poses a direct threat of danger to others. If the Dean determines that the direct threat is no longer existent, the Interim Measures shall be removed in whole or in part so that the student may be permitted to return to the University. The Dean may, if deemed appropriate and/or necessary, impose limitations such as only allowing a student to attend classes but no longer live in the residence halls.

3.4 - Title IX and Interpersonal Violence Response Office - Responding to Sex Discrimination Reports

Sex Discrimination is prohibited by Title IX and by Xavier’s Title IX Sexual Harassment policies (Section 2.3.3.1) in certain circumstances and by Xavier’s Interpersonal Violence policies (Section 2.3.3.2) in others. More information about the differences in these policies, including examples, can be found in Section 2.3.3 ("Sex Discrimination) of this Handbook and in the Xavier Harassment Code and Accountability Procedures (www.xavier.edu/policy/hcap).

When Xavier receives a report of Sex Discrimination, the Title IX and Interpersonal Violence Response Office (hereinafter Title IX Office) will determine whether that report will be addressed under Xavier’s Title IX Sexual Harassment policies or Xavier’s Interpersonal Violence policies. Both policies are set forth below.

3.4.1 - Title IX Sexual Harassment Response and Complaint Resolution Process

Under Title IX, Xavier must and will investigate allegations in a formal complaint of Sexual Harassment. A formal complaint is a document submitted by a Reporting Party (an individual alleged to be the victim of conduct that could constitute Sexual Harassment) or signed by the Title IX Coordinator alleging that Sexual Harassment has been committed by a Responding Party (an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment) and requesting that Xavier investigate the allegation of Sexual Harassment. At the time of filing a formal complaint, the individual reporting having experienced the sexual harassment must be participating in or attempting to participate in a Xavier education program or activity for the complaint to be addressed under these Title IX Sexual Harassment policies.

The Title IX Coordinator who signs a formal complaint is not deemed a Reporting Party as described in these policies.

Under these Title IX Sexual Harassment policies, the following information applies.

3.4.1.1 Initial Assessment of Reported Conduct

The Title IX Coordinator is responsible for assessing whether the conduct reported may rise to a potential violation of Xavier’s Title IX Sexual Harassment policies. If the Title IX Coordinator assesses that the reported conduct may violate these policies, the report will proceed for resolution under the Title IX Sexual Harassment policies of this section. If the Title IX Coordinator assesses that the conduct alleged in the formal complaint would: 1) not constitute Sexual Harassment as defined by Title IX even if proved; 2) did not occur in a Xavier education program or activity, or 3) did not occur against a person in the United States, then in accord with federal law, the Title IX Office will dismiss the formal complaint with regard to that conduct for purposes of Sexual Harassment under Title IX.

If the formal complaint is dismissed, the Title IX Coordinator will inform the Reporting Party of their right to proceed under Xavier’s Interpersonal Violence policies if deemed warranted.

A Reporting Party may not choose to proceed under the Interpersonal Violence policies if the Title IX Coordinator has assessed the report should proceed under Title IX Sexual Harassment policies.

If the Title IX Coordinator determines that the reported conduct may rise to a potential violation of Xavier’s Title IX Sexual Harassment policy and there is no appeal of that determination submitted (see Section 3.4.1.1.1 Initial Assessment of Appeal Process) or an appeal of that determination does not result in a reversal of the determination, then the report will be resolved under the following Sexual Harassment complaint resolution process required by Xavier’s Title IX Sexual Harassment policies.

3.4.1.1.1 Appeal of Initial Assessment Process

Under Title IX, the Reporting and Responding Parties have the right to appeal Xavier’s dismissal of a formal complaint on the following bases:

  1. Procedural irregularity that affected the outcome of the matter;
  2. New evidence that was not reasonably available at the time the dismissal was made, that could affect the outcome of the matter; and
  3. The Title IX Coordinator had a conflict of interest or bias for or against Reporting Parties or Responding Parties generally or the individual Reporting Party or Responding Party that affected the outcome of the matter.

Appeals of a dismissal of a formal complaint must be submitted within three business days of the parties being notified of the dismissal by the Title IX Coordinator, and shall be submitted to the Associate Provost and Chief Student Affairs Officer (Associate Provost) (which for these purposes may mean a person designated by the Associate Provost if unavailable). The Associate Provost will review the matter, including a review of the Title IX Coordinator’s written analysis, rationale for the dismissal decision, the Title IX Investigation Report to date, and any other information and evidence the Associate Provost deems necessary to comprehensively review the appeal. The Associate Provost may also request to meet with the Responding Party, Reporting Party, Title IX Coordinator, and/or other individuals that may have relevant additional information.  The Associate Provost will endeavor to notify the parties and the Title IX Coordinator of the outcome of the appeal within three business days of receiving it. The decision of the Associate Provost is final.

If the Title IX Coordinator’s determination to dismiss the formal complaint is upheld by the Associate Provost or if no appeal is submitted, the Title IX Coordinator will inform the Reporting Party of their right to proceed under the Interpersonal Violence policies.

If an appeal is successful, the formal complaint will proceed under these Title IX Sexual Harassment policies.

Xavier may also dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing:

Upon a dismissal required or permitted, Xavier will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties. If the Title IX Coordinator’s determination to dismiss the formal complaint is upheld by the Associate Provost or if no appeal is submitted, the Title IX Coordinator will inform the Reporting Party of their right to proceed under the Interpersonal Violence Policies.

If the Title IX Coordinator’s determination to dismiss the formal complaint is reversed by the Associate Provost, the formal complaint will proceed under these Title IX Sexual Harassment Policies.

Xavier may also dismiss the formal complaint or any allegations therein, or suspend the investigation thereof, if at any time during the investigation or hearing:

Upon a dismissal required or permitted, Xavier will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties.

3.4.1.2 Title IX Investigation of a Formal Complaint

If it is determined by the Title IX Office that a report of Sex Discrimination will be addressed under the Title IX Sexual Harassment policies, the following information applies.

Xavier’s Title IX Office conducts all Title IX Sexual Harassment investigations.

1. The time it takes to conduct an investigation depends on the particular facts and circumstances; however, most investigations will begin within 10 business days of a complaint being made and the Title IX Coordinator will take all reasonable steps to conduct the investigation in a timely manner. Timelines may expand or contract depending on many factors including, but not limited to, a concurrent law enforcement activity; the complexity of the matter; the availability of party(ies); witnesses, or evidence; the time in the school year when the investigation takes place; the need for language assistance; and/or accommodation of disabilities.

At the Title IX & Interpersonal Violence Response Coordinators’ discretion, multiple incidents involving the same individual(s) may be considered in one investigation or in separate investigations. The order of separate investigations will be determined by the Title IX & Interpersonal Violence Response Coordinator. 

To the extent consistent with Xavier’s Title IX Sexual Harassment policies and the best interests of all concerned (as determined by Xavier), Xavier will comply with law enforcement requests for cooperation. Such cooperation may require Xavier to temporarily delay the start of or suspend an ongoing Title IX Sexual Harassment investigation while the law enforcement agency is in the process of gathering evidence (not the ultimate outcome of the criminal investigation or the filing or disposition of any criminal charges). If Xavier has temporarily delayed or suspended its investigation, Xavier will promptly resume its investigation as soon as it is notified by the law enforcement agency that it has completed the evidence gathering process. Law enforcement agencies typically take three to ten calendar days for their evidence gathering process, although the delay in Xavier's investigation may be shorter or longer in certain circumstances. In any case, Xavier may implement appropriate Supportive Measures (Section 3.4.1.7) and/or Emergency Removal proceedings (Section 3.4.1.7.1) during the law enforcement agency's investigation period to provide for the safety of the Reporting Party and the campus community and to avoid retaliation.

In Title IX Sexual Harassment matters, the Reporting and Responding Parties may be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. Information on advisor participation and role in Title IX Sexual Harassment Hearings is described in Section 3.4.1.4.

Prior to completion of the investigative report, Xavier’s Title IX Office will send to each party and the party’s advisor, if any, the initial draft Title IX Investigation Report to inspect and review. The parties will have 10 business days to submit a written response, which the Title IX Office will consider prior to completion of the investigative report.

The Title IX Office will then create a Title IX Investigative Report that fairly summarizes all relevant evidence and will provide that report to each party and the party’s advisor, if any, for their review and written response. Absent circumstances arising, such as (but not limited to) new evidence surfacing, this Report will be deemed final. If the Title IX Office determines to revise the Report after issuance, the Title IX Coordinator will share revisions with the parties and the Dean of Students Office.   At least 10 days prior to a hearing, the Dean of Student’s Office will send to each party and the party’s advisor, if any, the final Title IX Investigative Report in an electronic format or a hard copy.  

3.4.1.3 Methods of Resolving a Charge of a Violation of the Title IX Sexual Harassment Policies

3.4.1.3.1 Accept Responsibility for Alleged Violation and Associated Sanctions

At any time before the start of a hearing to resolve the complaint, the Responding Party may elect to accept responsibility for the alleged violation(s) and accept the benchmark or other appropriate sanctions for the alleged violation as determined by the Dean of Students or designee.

3.4.1.1.2 Hearings

In the event the Responding Party has not accepted responsibility and/or the sanctions offered, the matter will proceed to a hearing (see Section 3.4.1.4 Title IX Sexual Harassment Hearings).

3.4.1.4 Title IX Sexual Harassment Hearings

The purpose of a hearing is to determine if a Responding Party is responsible or not responsible for the alleged violation of the Standards of Student Conduct, using the preponderance of the evidence standard, described below, to determine a finding of responsible.

Title IX requires live hearings to resolve Title IX Sexual Harassment reports. Hearings will be conducted with all parties physically present in the same geographic location. At Xavier’s discretion, any or all parties, witnesses, and other participants may appear at the hearing virtually, with technology enabling participants simultaneously to see and hear each other. At the request of either party, Xavier will provide for the hearing to occur with the parties located in separate locations with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions.

At the conclusion of a hearing, a Responding Party will be found responsible if responsibility for the charged violation is established by a "preponderance of the evidence." This means that the Title IX Sexual Harassment Hearing Panel has determined that it is "more likely than not" that the Responding Party violated the Standard of Student Conduct policy at issue.

The Responding Party, Reporting Party and Xavier may identify witnesses to be called at a hearing. Only witnesses with knowledge directly related to the pending charges will be allowed to present information at the hearing. If it has not already done so in conjunction with the preparation of its report, the Title IX Office may interview a witness prior to the hearing so that the Dean of Students can determine if the witness has knowledge directly related to the pending charges.

The Title IX Coordinator (or Title IX and Interpersonal Violence Program Director if they conducted the investigation) will serve as a witness in the hearing and will answer questions from the parties and/or Hearing Panel members related to the investigation report only. The Title IX Coordinator or Title IX Program Director will not offer an opinion or conclusion as to whether they believes the responding is responsible for violating any provisions of this Handbook.

Witnesses may be dismissed from the hearing if statements are based on opinion or perceived character alone.

A Title IX Sexual Harassment Hearing Panel may reasonably limit the scope and time devoted to each case or item of discussion during the hearing, including the number of people providing information. Specifically, corroboration provided by witnesses shall be allowed where appropriate, but repetitive statements, discussion or witness material may be limited.

Title IX Sexual Harassment Hearings are governed by these policies and not by the rules of evidence used by courts.

At the Dean of Students' discretion, multiple incidents involving the same individual may be considered in one Title IX Sexual Harassment Hearing.

At the Dean of Students' discretion, charges against multiple Responding Parties charged with the same or related violations arising out of one or more related incidents may be considered in one Title IX Sexual Harassment Hearing.

All Title IX Sexual Harassment Hearing Panel Members receive annual training, appropriate for Title IX Sexual Harassment matters.

At the discretion of the Dean of Students, or designee, technology may be used to facilitate hearing participation for involved parties who are not able to be physically present for the hearing. Examples include but are not limited to video conferencing and audio conferencing.

3.4.1.4.1 Notice of Charges for a Title IX Sexual Harassment Hearings

A student charged with a violation of the Title IX Sexual Harassment policies will be sent a charge letter by the Dean of Students or a Title IX Sexual Harassment Hearing Officer to the student's Xavier email account. Generally, a charge letter will inform the Responding Party of the Standards of Student Conduct sections allegedly violated; reference the Student Handbook section that contains information about possible sanctions; direct the student to information about the Student Conduct Process; and provide notice that the student may accept responsibility for the alleged violation(s) of the Standards of Student Conduct and accept the benchmark or other appropriate sanctions for the alleged violation as determined by the Dean of Students or designee. Notification of the date, time and location of a hearing will typically be included in the charge letter or may be provided to the Responding Party at a later time.

3.4.1.4.2 Reporting Party Involvement in Title IX Sexual Harassment Hearings

In matters involving allegations of Title IX Sexual Harassment, a Reporting Party may choose how they want to participate in the Title IX Sexual Harassment complaint resolution process.

3.4.1.4.3 Title IX Sexual Harassment Hearing Panels

Title IX Sexual Harassment hearings will be heard by a Hearing Panel. Hearing Panel members will be selected from a pool of faculty members, administrators, and students who receive annual training. Hearing Panels will consist of no less than three individuals, and will generally be comprised of two faculty or staff members, and one student.

3.4.1.4.4 Identification, Collection, Dissemination and Presentation of Information

In Title IX Sexual Harassment hearings, the Dean of Students is responsible for identifying, collecting and disseminating information to be presented at the hearing to the Hearing Panel in accordance with these procedures. At the hearing, a member of the Hearing Panel will facilitate all proceedings and at the conclusion of the hearing will facilitate the Hearing Panel's deliberations.

3.4.1.4.5 Timing of Title IX Sexual Harassment Hearings

(1) Title IX Sexual Harassment hearings will be scheduled no sooner than 10 business days after the Dean of Students’ Office has received the final  Title IX Investigation Report.  

 

(2)  At least five business days before a Title IX Sexual Harassment Hearing, the Responding Party and the Reporting Party will be notified of the date, time, location of the hearing, names of Hearing Panel members, and will be provided with all documents to be presented to the Hearing Panel. FERPA-protected information may be redacted. Each party will have two business days after the Responding Party and Reporting Parties are notified of the date, time and location of the hearing to notify the Dean of Students of a request to change the date or time of the hearing or an objection to any Hearing Panel member. Changes to date and time and objections will only be granted for good cause, as determined in the sole discretion of the Dean of Students. The parties will be notified in writing of any change to the date, time, location, or Hearing Panel at least two business days before the originally- scheduled hearing date. 

 

(3) At least two business days before the hearing, the Responding Party and Reporting Party, if any, must submit to the Dean of Students a list of witnesses they want to present information at the hearing. 

 

(4) At least 24 hours before the hearing, the Responding Party and Reporting Party, if any, will each be given a list of all witnesses who will be called at the hearing, including witnesses submitted by the Responding Party, the Reporting Party and Xavier. 

 

 "Business days" means any day that is not a weekend, University break period or a national holiday. 

3.4.1.4.6 Title IX Sexual Harassment Hearing Procedures

A Title IX Sexual Harassment Hearing will be conducted according to the following procedures: 

(1) The Title IX Sexual Harassment Hearing will be closed to everyone except those persons specifically provided for in this process or persons whose presence at the hearing is authorized in advance by the Dean of Students.

(2) A Responding Party will be presumed to be not responsible for the alleged conduct until a different determination regarding responsibility is made at the conclusion of the hearing. To be found responsible, the Hearing Panel must conclude, based on the entirety of the statements and records presented, that there is sufficient evidence to conclude by a preponderance of the evidence that the respondent violated Xavier’s Title IX Sexual Harassment policy.

(3) Each party has the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney; however, as permitted by these Title IX Sexual Harassment policies, in a Title IX Sexual Harassment Hearing, Xavier limits the advisor’s role and participation in a hearing to only asking questions of the other party and/or witnesses. Outside of this limited “questioning” role, while the advisor may help the Reporting or Responding Party prepare their position and privately/quietly consult with the party at any time, the advisor may not present the Reporting or Responding Party’s position or speak for or on behalf of the party during the hearing. All parties and advisor conduct, including when advisors are questioning the other party or a witness, must be respectful and non-abusive. Should a party or advisor engage in conduct that does not align with these decorum standards, Xavier’s Dean of Students or Director of Student Integrity will address this issue and give the party or advisor the opportunity to correct their conduct. Should the individual continue to engage in conduct that does not meet Xavier’s decorum expectations, the Dean of Students or Director of Integrity reserves the right to have that individual leave the hearing. If such a step must be taken, the Dean of Students or Director of Student Integrity may require the party to use a different advisor to ask questions of the other party and witnesses.

(4) A scheduled hearing may proceed in the absence of a Responding Party, a Reporting Party, or any other individual who fails to appear. An absence will not be considered grounds for an appeal.

(5) At the beginning of the hearing, the Responding Party and Reporting Party will each be advised of their rights. The Reporting Party, the Responding Party, and the Hearing Panel will be provided the opportunity to ask relevant questions about the materials and information presented.

(6) In the hearing, each advisor (or Questioning Advisor as the case may be) will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such questions will be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.   

(7) Only relevant questions may be asked of a party or witness. Before a Reporting Party, Responding Party, or witness answers a question, the Hearing Panel Chair will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Reasons the Chair may determine the question may not be permitted include, but are not limited to the question posed being repetitive, harassing, unduly prejudicial, seeking to access privileged information (e.g. mental health information), and/or questions related to the sexual history of a party that does not fall within the potentially permitted scope of Section 3.4.1.4.6 of the Title IX Sexual Harassment Hearing Procedures. The Hearing Panel Chair must explain to the party proposing the questions any decision to exclude a question as not relevant. The Chair’s decision on relevancy is final. The Chair will take the time they assess is necessary to make conduct a thorough, appropriate relevancy determination and may pause the hearing to discuss the relevancy question with the other Hearing Panel members before issuing their determination. Parties and advisors will be not permitted to challenge the relevancy determination after receiving the explanation.

(8) Questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered to prove that someone other than the Responding Party committed the conduct alleged by the Reporting Party, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with respect to the Responding Party and are offered to prove consent.

 

(9) Xavier will create an audio or audiovisual recording, or transcript, of the Title IX Sexual Harassment and make it available to the parties for inspection and review.

(10) At the conclusion of the hearing, the Hearing Panel shall confidentially consider all of the statements and records made available at the hearing to formulate a decision on the issue of responsibility. Except in exigent circumstances, the decision should be made within five business days of the conclusion of the hearing.

(11) If the Responding Party is found to be responsible, the Dean of Students shall then provide the Hearing Panel with records reflecting any prior student conduct violations for which the Responding Party was previously found responsible, which information may be considered by the Hearing Panel in recommending a sanction.

(12) If a Responding Party is found responsible, the Hearing Panel will recommend sanctions to the Dean of Students, who will assess the recommended sanction(s) they deem appropriate. If the sanction ultimately imposed varies from the recommendation of the Hearing Panel, the Dean of Students will include the reasons for such variance in the notices provided to the Reporting Party or other victim and the Responding Party as required by this Handbook.

(13) At the conclusion of the hearing and the Hearing Panel deliberation process, the Hearing Panel will issue a written determination regarding responsibility applying the preponderance of evidence standard of evidence.  The written determination will be provided to the parties simultaneously within five business days of the conclusion of the hearing.

(14) The determination regarding responsibility becomes final following the conclusion of the appeal process if an appeal is submitted, or, if an appeal is not submitted, the date on which an appeal would no longer be permitted to be submitted.

(15) The Title IX Coordinator is responsible for effective implementation of any remedies. 

3.4.1.4.7 Student Rights and General Information Pertaining to Title IX Sexual Harassment Hearings

The Title IX Sexual Harassment complaint resolution process is an educational process and is not an adversarial criminal or civil legal process. The rights and procedures required in such legal systems are not applicable in the Student Conduct Process.

The following rights and information apply in Title IX Sexual Harassment hearings:

3.4.1.4.7.1 General Information

  1. Xavier’s Title IX Sexual Harassment complaint resolution process ensures an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence.
  2. Credibility determinations will not be based on a person’s status as a Reporting Party, Responding Party, or witness.
  3. The Title IX Sexual Harassment complaint resolution process does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
  4. Xavier will not access, consider, disclose, or otherwise use a Reporting Party or Responding Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless Xavier obtains that party’s voluntary, written consent to do so for a grievance process.
  5. Xavier provides an equal opportunity for the both parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
  6. Xavier does not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
  7. Each party may be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.
  8. Each party has the right to be present throughout the hearing but not during the deliberation of the Hearing Panel.
  9. Each party has the right to hear all of the information presented.
  10. Each party has the right to present pertinent information and witnesses to substantiate their position. Witnesses must be present at the hearing and their lack of attendance is not cause for appeal.
  11. Each party has the right to submit a request for appeal of the outcome of a hearing. The request must be made as described in Request for an Appeal From a Determination of the Title IX Sexual Harassment Hearing (Section 3.4.1.5). 

3.4.1.4.7.2 Rights of the Responding Party

These rights are specific to the Responding Party and are in addition to the rights shared by both parties in Section 3.4.1.4.7.1 General Information.

  1. The Responding Party has the right to remain silent. If silence is maintained, the outcome of the hearing will be determined on the information presented. The Hearing Panel may not draw any inference from a Responding Party's choice to remain silent.
  2. The Responding Party has the right to respond to the allegations against them.

3.4.1.4.7.3 Rights of the Reporting Party

These rights are specific to the Reporting Party and are in addition to the rights shared by both parties in Section 3.4.1.4.7.1 General Information.

  1. A Reporting Party may choose how they want to participate in the Title IX Sexual Harassment Hearing (Section 3.4.1.4.2 Reporting Party Involvement in Title IX Sexual Harassment Hearings)
  2. A Reporting Party will be provided written notification of the outcome of the hearing with respect to that alleged violation. 

3.4.1.5 Request for an Appeal From a Determination of the Title IX Sexual Harassment Hearing Panel

The request for an appeal from a determination of a Title IX Sexual Harassment Hearing Panel will be to the Title IX Sexual Harassment Appeal Panel ("University Appeal Board "). In certain situations, it may become difficult, impractical or impossible for the University Appeal Board to review a case. In these circumstances, the appeal will be reviewed by an appointed designee. See Section 3.3.1.4.9 Title IX Sexual Harassment Appeals of these policies. 

3.4.1.6 Title IX Sexual Harassment Appeals

Both the Reporting and Responding Parties have the right to appeal a determination regarding responsibility of the Title IX Sexual Harassment Hearing Panel.

3.4.1.6.1 Requesting an Appeal

After a Title IX Sexual Harassment Hearing, the Responding Party and the Reporting Party will each have five business days after notice of the outcome of the hearing is sent in which to request an appeal. Requesting an appeal does not mean that an appeal will be heard. Requests for appeals will only be granted for specific reasons outlined below.

Requests for an appeal must be made in writing and directed to the University Appeal Board. A request for an appeal must be received by the Appeal Board no later than 5:00 p.m. on the fifth business day after receipt of the outcome of the hearing. In certain situations, it may become difficult, impractical or impossible for the University Appeal Board to review a case. In these circumstances, the appeal will be reviewed by a designee appointed by the Dean of Students.

3.4.1.6.2 Reasons for Requesting an Appeal

Upon request, an appeal will only be allowed if the request provides sufficient factual basis for at least one of the following grounds for an appeal

  1. Procedural irregularity that affected the outcome of the matter;
  2. New evidence that was not reasonably available at the time of the determination of the Harassment Hearing Panel regarding responsibility that could affect the outcome of the matter; and
  3. The Title IX and Interpersonal Violence Response Coordinator, the Title IX and Interpersonal Violence Response Program Director, or a Title IX Sexual Harassment Hearing Panel member(s) had a conflict of interest or bias for or against Reporting or Responding Parties generally or the individual Reporting Party or Responding Party that affected the outcome of the matter.

3.4.1.6.3 Review of a Request for an Appeal

When the University Appeal Board receives a request for an appeal, it will notify the non-appealing party in writing that an appeal has been submitted. The Appeal Board will review the request for an appeal to determine if the request provides sufficient factual basis for one of the three grounds for an appeal. If the Appeal Board finds that the request is insufficient, it will provide the requesting student with written notification that the request for an appeal is denied within 5 business days of the actual review. A copy of this notification will be sent to the non-appealing party.

The same relevancy criteria will apply in the appeal process as applied in the hearing process.

If the Appeal Board determines that the request for appeal provides sufficient factual basis for at least one of the three grounds for appeal, the appeal request will be granted. The requesting student will receive notification within five business days that includes: (a) an explanation that granting the request for an appeal means the appeal will be conducted and does not mean any conclusions have been made as to the merits of the appeal; (b) a general description of how the appeal will be conducted, including any times and dates with which the student must comply; (c) a request for written statements if the Appeal Board desires such statements; (d) at least a general timeline that includes due dates, if any, dates for meetings, if possible, and timelines for making a determination. The non-appealing party will be provided the same notification and the opportunity to provide a written statement to the Appeal Board. No additional statements will be accepted from either party unless explicitly requested by the appeal board.

Both parties will be given written notification of their respective reasonable and equal opportunity to submit a written statement in support of, or challenging, the determination of the Title IX Sexual Harassment Hearing.

Appeal Board members receive annual training, appropriate for Title IX Sexual Harassment matters. Any individual who was a member of the Title IX Sexual Harassment Hearing Panel involved with the initial hearing is disqualified from hearing the appeal.

While the Appeal process is pending, sanctions of Suspension and Expulsion assigned by the original Hearing Panel will be in effect. In such cases, the Responding Party will be placed on Administrative Separation (Section 3.3.8) pending the conclusion of the Appeal process.

3.4.1.6.4 Conducting the Appeal if the Appeal Request is Granted

If the request for an appeal is granted, the Appeal Board will consider the record of the matter to determine the appropriateness of the decision and sanctions rendered in the original hearing. The record is comprised of the materials used in the hearing, any transcript from the case hearing, and any recording of the hearing. The Appeal Board will also consider the written request for an appeal, and any written statements it solicits.

3.4.1.6.5 Appeal Meeting

Once a request for an appeal has been granted, the appeal is generally granted or denied based upon the materials used in the hearing, any transcript from the case hearing, and any recording of the information presented in the request for an appeal, and the written statements referenced in Section 3.4.1.6 (c), if any. However, in some instances, it may be necessary for a meeting to be conducted to clarify details presented. An appeal meeting is not a rehearing of the case. The appeal meeting, if warranted, will be conducted in accordance with the procedures outlined below:

1) The appeal meeting will be closed to everyone except those persons specifically invited by the Appeal Board.

2) A student whose presence is requested at an appeal meeting has the right to be accompanied and assisted at the appeal meeting by the advisor of their choice, who may be, but is not required to be, an attorney. The role of the advisor in an appeal will be limited to helping a Reporting Party or Responding Party prepare their position but the advisor may not present it or speak for or on behalf of the individual during the appeal process.

3.4.1.6.6 Written Statements

The Appeal Board may request written statements from the Reporting Party, Responding Party, and other individuals it deems appropriate and necessary. The Appeal Board may set a limit on the length of such statements and then they may use such statements as they deem fit. Unsolicited statements from the Reporting Party, Responding Party, or anyone else will not be considered by the Appeal Board if the statements are not part of the record of the hearing by the Title IX Sexual Harassment Hearing Panel. 

3.4.1.6.7 New Evidence

Only new information that was not available at the time of the hearing by the Title IX Sexual Harassment Hearing Panel will be accepted and considered by the Appeal Board. If new information is accepted because it was not available at the time of the hearing by the Title IX Sexual Harassment Hearing Panel, the Appeal Board may use this new information in considering the outcome of the appeal only if it is determined to be accurate and justified, in the judgment of the Appeal Board. 

3.4.1.6.8 Final Decision

An Appeal Board's decision to grant or deny a request for an appeal is a final decision. If a request for an appeal is granted, the decision of the Appeal Board reviewing the appeal will also be a final decision.

The Appeal Board will issue a written decision simultaneously to both parties describing the result of the appeal and the rationale for the result.

3.4.1.7 Supportive Measures

Pending resolution of a Title IX Sexual Harassment matter, when there is a significant student conduct or health and safety concern that requires immediate intervention to preserve and support the general welfare and academic experience of one or more students and/or the Xavier community, the Title IX Office, Dean of Students Office, Office Residence Life or Xavier University Police Department, make take and/or provided Supportive Measures.

Supportive Measures are typically non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Reporting Party or the Responding Party before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the Xavier’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or Xavier’s educational environment, or deter sexual harassment. 

Supportive Measures may apply to one, both, or multiple parties involved. Examples of Supportive Measures include, but are not limited to:

 Extensions of deadlines or other course-related adjustments (Sections 3.3.6 and 3.3.7)

Should an individual pose an immediate danger to or severely disrupt the Xavier community, or endanger any individual (including oneself), a student may be placed on Administrative Separation while the student conduct is pending. This means the student will be separated from Xavier, including removal from all housing, classes and activities, pending the resolution of the Title IX Sexual Harassment matter. If the resolution of the underlying Title IX Sexual Harassment matter does not result in a separation from Xavier (i.e., suspension or expulsion), measures will be taken to assist the student in mitigating any negative academic impact resulting from being administratively separated from Xavier. The decision whether or not to impose an Administrative Separation will be at the discretion of the Title IX Office or Dean of Students Office.

Should a Responding Party be found responsible for a violation of Xavier’s Title IX Sexual Harassment policies, Administrative Separation may be continued or initiated pending conclusion of any appeal proceedings.

3.4.1.7.1 Emergency Removal in Title IX Sexual Harassment Matters

Under Title IX, Xavier may remove a Responding Party from Xavier’s education program or activity on an emergency basis. To do so, the Title IX Coordinator must undertake an individualized safety and risk analysis. If the Title IX Coordinator determines that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment that justifies removal, they will provide the Responding Party with notice of the determination as well as the Responding Party’s opportunity to challenge the decision immediately following the removal. 

If a Responding Party chooses to appeal the removal decision, they have three business days from notice of the removal to submit a written appeal to the Associate Provost and Chief Student Affairs Officer (Associate Provost) (which for these purposes may mean a person designated by the Associate Provost if unavailable). The Associate Provost will review the matter, including reviewing the Title IX Coordinator’s written safety and risk analysis, rationale for the removal decision, the Title IX Investigation Report to date, and any other information and evidence the Associate Provost deems necessary to comprehensively review the appeal.  The Associate Provost will meet with the Responding Party if requested when the appeal is submitted, and may also request to meet with the Reporting Party, the Title IX Coordinator, and/or other individuals who may have relevant additional information.  The Associate Provost will notify the Responding Party and the Title IX Coordinator of the outcome of that review within five business days of receipt of the appeal.  The Associate Provost decision is final.

Other Supportive Measures may be taken if deemed appropriate by the Title IX Office, Dean of Students Office, Office of Residence Life or the Xavier University Police Department based on the facts and circumstances of a particular situation.

Supportive Measures imposed may be temporary pending the results of an investigation and/or student conduct process or may become permanent as determined by Xavier University. Violations of Xavier directives and/or Supportive Measures may constitute separate Code of Conduct violations that may lead to additional disciplinary action.

Personally identifiable information about the Reporting Party will be treated as confidential and only shared with persons with a specific need to know. This would include individuals who are investigating/adjudicating the complaint or delivering resources or support services to the Reporting Party. For example, publicly available records for purposes of Clery Act reporting and disclosures will be made without inclusion of identifying information about the Reporting Party, as defined in 42 USC 1395 (a) (20).). Further, Xavier will maintain as confidential, any adjustments or Supportive Measures provided to the reporting to the extent that maintaining such confidentiality would not impair the ability of the University to provide the accommodations or protective measures.

Xavier must and will maintain as confidential any Supportive Measures provided to the Reporting or Responding Party, to the extent that maintaining such confidentiality would not impair Xavier’s ability to provide the Supportive Measures. In Title IX Sexual Harassment matters, the Title IX Office is responsible for coordinating the effective implementation of Supportive Measures.

Requests for Supportive Measures should be directed to the Title IX Office, which will collaborate with the additional, relevant offices and/or departments as necessary.

3.4.1.8 Retaliation Prohibited

Under Title IX, neither Xavier nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under these policies. 

Intimidation, threats, coercion, or discrimination, including charges against an individual for Student Code of Conduct violations that do not involve Sex Discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of Sex Discrimination, or a report or formal complaint of Sexual Harassment, made for the purpose of interfering with any right or privilege secured by Title IX constitutes retaliation. 

Xavier will keep confidential the identity of any individual who has made a report or complaint of Sex Discrimination, including any individual who has made a report or filed a formal complaint of Sexual Harassment, any Reporting Party, any individual who has been reported to be the perpetrator of Sex Discrimination or Sexual Harassment, any Responding Party, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. 

Complaints alleging retaliation may be filed according to the Title IX Sexual Harassment policies and complaint resolution process of the Student Handbook. 

Charging an individual with a Student Code of Conduct violation for making a materially false statement in bad faith in the course of a Title IX Sexual Harassment complaint resolution process does not constitute retaliation prohibited by Title IX, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any person made a materially false statement in bad faith.

3.4.1.9 Confidentiality and Disclosures

3.4.1.9.1 General Confidentiality

The name, status, and violations or alleged violations of any student will not be disclosed to anyone other than the appropriate University officials, except as required or permitted by law. Generally, the outcome of any Title IX Sexual Harassment complaint resolution process and appeal will remain confidential. These statements of general confidentiality are subject to the following rules on required disclosures and permissible disclosures.

Nothing provided herein is intended to restrict the ability of any party from discussing or disclosing information to others or gathering evidence that is necessary within the parameters of preparation for and participation in the complaint resolution process. However, because of the sensitive and private nature of these matters, all persons involved any  aspect  of  an  allegation  of Sex Discrimination should respect the privacy of the parties involved and keep the matter confidential within the parameters of preparation for and participation in the complaint resolution process unless otherwise required by law. All communication by parties and witnesses should be respectful and comply with this Student Handbook. Information will only be disclosed to the extent required by law, and to the extent that such disclosure is necessary and permitted under this Student Handbook for the investigation and adjudication of any claim of Sex Discrimination. Failure of any individual to maintain these parameters may result in disciplinary action in accord with the applicable University policies and procedures.

3.4.1.9.2 Required Disclosures

Under Federal law, Xavier must provide written notice to the Reporting and the Responding Party of the final results of any complaint resolution process brought against a Responding Party for alleged violations of Xavier’s Title IX Sexual Harassment policies. This notification is required regardless of whether or not the Responding Party is found responsible for the alleged violation, and may only include the final results of the complaint resolution process with respect to that violation. This disclosure will be made whether or not the alleged victim is the Reporting Party.  Written notice will include all information described in Section 3.4.1.4.6 Title IX Sexual Harassment Hearing Procedures.

3.4.1.9.3 - Permissible Disclosures

The University may also choose to disclose information in certain circumstances, including, but not limited to, those described in Section 3.6.3.3 Permissible Disclosures.

3.4.1.10 Benchmark Sanctions for Title IX Sexual Harassment

Xavier University’s general approach to sanctioning for Student Handbook policy violations is described in Section 3.7 Sanctions.

If a student is found responsible for Title IX Sexual Harassment, the following benchmark sanctions are a starting point for determining the appropriate sanction. Actual sanctions imposed are determined on a case-by-case basis and may be greater or lesser than the benchmark sanctions. These benchmark sanctions are intended to offer guidance to the individuals and panels imposing and recommending sanctions, and to alert students of the serious nature of certain violations. This list does not limit the forms of sanctions that may be assessed through the Student Conduct Process.

Definitions of conduct that constitutes prohibited Title IX Sexual Harassment are in Section 2.3.3.1.

(a) Sexual Harassment- the benchmark sanction for a student found responsible ranges from University Probation to Expulsion

(b) Forcible Rape- the benchmark sanction for a student found responsible is Expulsion.

(c) Forcible Sodomy- the benchmark sanction for a student found responsible is Expulsion.

(d) Sexual Assault with an Object- the benchmark sanction for a student found responsible is Expulsion

(e) Forcible Fondling- the benchmark sanction for a student found responsible ranges from Suspension to Expulsion.

(f) Incest- the benchmark sanction for a student found responsible is Expulsion.

(g) Statutory Rape- the benchmark sanction for a student found responsible is Expulsion.

(h) Dating violence- the benchmark sanction for a student found responsible ranges from University Probation to Expulsion.

(i) Domestic violence- the benchmark sanction for a student found responsible ranges from University Probation to Expulsion.

(j) Stalking- the benchmark sanction for a student found responsible ranges from Suspension to Expulsion.

Benchmark Sanctions for Interpersonal Violence may be found in Section 3.7.2.2.

3.4.2 - Interpersonal Violence Response and Complaint Resolution Process

If it is determined by the Title IX Office that a report of Sex Discrimination will be addressed under the Interpersonal Violence policies, the following information applies.

3.4.2.1 - Contact Information

The Title IX Office can be contacted for purposes of making a complaint or to get information and resources related to interpersonal violence issues at 513-745-3046 or Gallagher Student Center 332B.

3.4.2.2 - Role

The Title IX Office is responsible for overseeing all of Xavier's Interpersonal Violence response efforts. Matters of Interpersonal Violence will be handled in accordance with this Handbook. With respect to violations of the Standards of Student Conduct, the Title IX Office will work with the Dean of Students to oversee the conduct process - from complaint to resolution - of any allegation that, if proven true, would constitute Interpersonal Violence. This includes conducting an investigation of the complaints, producing a report, providing the report and collected materials to the proper Hearing Officer or Hearing Panel, and monitoring Interim Measures and Sanctions.

3.4.2.3 - Information-Gathering Investigation

The Title IX Office will promptly investigate all complaints of Interpersonal Violence. This investigation will be adequate, reliable and impartial. The time it takes to conduct an investigation depends on the particular facts and circumstances; however, most investigations will begin within 10 business days of the determination that the matter will be addressed under the Interpersonal Violence policies and the Title IX Office will take all reasonable steps to conduct the investigation in a timely manner. Timelines may expand or contract depending on many factors including, but not limited to, the complexity of the matter, the availability of witnesses or evidence, or the time in the school year when the investigation takes place. In general, the Title IX Office ‘s information-gathering investigation will include talking to the parties involved, other witnesses, members of law enforcement (if applicable), other individuals and collecting any materials or information that may be related to the allegations.

At the Title IX & Interpersonal Violence Response Coordinators’ discretion, multiple incidents involving the same individual(s) may be considered in one investigation or in separate investigations. The order of separate investigations will be determined by the Title IX & Interpersonal Response Violence Coordinator. 

3.4.2.4 - Reporting Party’s Participation Options in Interpersonal Violence Investigation and Student Conduct Process

In matters involving allegations of Interpersonal Violence, a Reporting Party may choose how much they want to participate in the investigation and conduct hearing process:

3.4.2.5 - Title IX & Interpersonal Violence Response Office Threshold Assessment

In cases of Interpersonal Violence, the Title IX Office will conduct a preliminary investigation of the complaint to make a threshold assessment as to whether there is reasonable cause to believe that the Responding Party(s) may have violated one or more of Xavier’s Interpersonal Violence policies. If the Title IX Office determines there is reasonable cause to believe the Interpersonal Violence policies may have been violated, the Title IX Office will continue the investigation. If the Title IX Office does not find reasonable cause, it will notify the Reporting Party (and Responding Party if applicable) that the investigation has been concluded and the file closed.

3.4.2.6- Title IX and Interpersonal Violence Response Office’s Report

After concluding the information-gathering investigation, the Title IX Office shall prepare a written report, summarizing the facts, materials or other information collected and any observations made during the investigation. The report is intended to be factual in nature and not draw conclusions or give opinions about as to whether a violation occurred. The Title IX Office will indicate in the report whether, based on the totality of the investigation, the office has assessed that there is reasonable cause to believe that the Responding Party may have violated one or more of Xavier's Interpersonal Violence policies. If the Title IX Office has made that assessment, it will recommend to the Dean of Students that student conduct action be scheduled. The Dean of Students will then review the Interpersonal Violence Investigation Report and if they concur with the Title IX Office recommendation, they will assess under what potential violations (including Xavier policies in addition to the Interpersonal Violence policies) the Responding Party may be charged and will notify the Responding Party in writing of these charges. A Responding Party will then have the right to accept responsibility for one or more of the alleged violations and accept the benchmark or other appropriate sanctions for those violations (Section 3.5.1.). In the event the Responding Party does not accept responsibility, the matter will proceed to a hearing before the University Conduct Board.

3.4.2.7 - Compliance with Law Enforcement

To the extent consistent with Xavier’s Interpersonal Violence policies and the best interests of all concerned (as determined by Xavier), Xavier will comply with law enforcement requests for cooperation. Such cooperation may include Xavier temporarily delaying the start of or suspend an ongoing information-gathering investigation while the law enforcement agency is in the process of gathering evidence (not the ultimate outcome of the criminal investigation or the filing of any criminal charges). If Xavier has temporarily delayed or suspended its investigation, Xavier will promptly resume its investigation promptly after it is notified by the law enforcement agency that it has completed the evidence gathering process. Law enforcement agencies typically take three to ten calendar days for their evidence gathering process, although the delay in Xavier's investigation may be shorter or longer in certain circumstances. In any case, Xavier may implement appropriate Interim Measures during the law enforcement agency's investigation period to provide for the safety of the Reporting Party and the campus community and to avoid retaliation. For additional information about Interim Measures by Xavier, see Section 3.3 ("Interim Measures for Individuals and/or the Campus Community").

3.5 - METHODS OF RESOLVING A CHARGE OF A VIOLATION OF THE STANDARDS OF STUDENT CONDUCT

3.5.1 - Accept Responsibility for Alleged Violation and Associated Sanctions

At any time before the start of a hearing or alternate resolution process, the Responding Party may elect to accept responsibility for the alleged violation(s) and accept the benchmark or other appropriate sanctions as determined by the Dean of Students, or designee.

3.5.2 - Alternate Resolution Process

In some instances, the Dean of Students or designee may determine that an Alternate Resolution Process, such as mediation, facilitated dialogue, conflict coaching, restorative justice or other resolution methods may be appropriate. If so, the Dean of Students or designee may, at their sole discretion, offer one or more of these options to the Responding Party and any other party involved, such as a Reporting Party. Alternate resolution processes are not appropriate and will not be offered when the reported misconduct involves reports Title IX Sexual Harassment or Interpersonal Violence. The offered approach must be agreed to by all parties. If one or more parties is not interested in attempting to resolve the matter by the alternate process offered by the Dean of Students or designee, the matter will proceed to a hearing. If the parties do agree to the offered Alternate Resolution Process, the Dean of Students or designee will make arrangements for it to begin. In all matters, the Reporting Party and Responding Party shall have the right at any time before a resolution is reached to stop the Alternate Resolution Process and have the matter proceed to a Student Conduct Hearing.

Any matter resolved through the Alternate Resolution Process is not subject to appeal. Failure by the Responding Party to participate fully and actively in the Alternate Resolution Process, after agreeing to do so, may result in the matter being referred back to a Student Conduct Hearing.

Alternate Resolution Process may be offered and may begin before or after a charge letter is issued to the Responding Party. If before, a charge letter may or may not be issued before resolution.

3.5.3 - Hearings

In the event an alternate process is not offered by the Dean of Students or an alternate process is not agreed to by the parties, and the Responding Party has not accepted responsibility and/or the sanctions offered, the matter will proceed to a hearing. For more information about hearings, see Section 3.6 ("Hearings on Alleged Violations of the Standards of Student Conduct") of this Handbook.

3.6 - HEARINGS ON ALLEGED VIOLATIONS OF THE STANDARDS OF STUDENT CONDUCT

3.6.1 - DETERMINING WHO WILL HEAR A STUDENT CONDUCT MATTER

Alleged violations of the Standards of Student Conduct will be reviewed and decided upon by a Hearing Panel or a Hearing Officer at one of the two Hearing Levels described below.

The Dean of Students or designee shall determine which Hearing Level is the appropriate venue for the particular matter. The Dean of Students or designee shall also determine if the matter will be heard by a Hearing Panel or a Hearing Officer. In making these decisions, the Dean of Students or designee may consider the nature of the alleged violation(s), the possible sanctions, the interests of Xavier, and the interests of the Reporting Party and Responding Party, if appropriate, though the decision shall be made in the Dean's or designee's sole discretion. The Dean of Students may also generally designate that all matters of a particular variety be handled in a particular way (e.g., that all after-hours noise violations be heard by a Level 2 Hearing Officer).

3.6.2 - STUDENT RIGHTS AND GENERAL INFORMATION PERTAINING TO ALL STUDENT CONDUCT HEARINGS

The Student Conduct Process is an educational process and is not an adversarial criminal or civil legal process. The rights and procedures required in such legal systems are not applicable in the Student Conduct Process.

The following rights and information apply in all hearings:

3.6.2.1 - General Information

  1. The student being charged with an alleged violation of the Standards of Student Conduct is referred to as the "Responding Party." 
  2. In some cases, the Responding Party's alleged conduct may have personally adversely affected another individual. Generally, that other individual may choose to act as the "Reporting Party" within the Student Conduct Process; as a witness only; or not be involved in the hearing in any capacity. 
  3. As Xavier administers hearings in accordance with these procedures, it reserves the right to collect and offer information and present witnesses to be considered by the Hearing Officer or Hearing Panel. The people acting on behalf of Xavier for these purposes are identified later in these procedures. 
  4. The purpose of a hearing is to determine if a Responding Party is responsible or not responsible for the alleged violation of the Standards of Student Conduct. 
  5. A Responding Party will be found responsible if responsibility for the charged violation is established by a "preponderance of the evidence." This means that the Hearing Officer or Hearing Panel has determined that it is "more likely than not" that the Responding Party violated the Standard of Student Conduct at issue. 
  6. The Responding Party, Reporting Party and Xavier may identify witnesses to be called at a hearing. Only witnesses with knowledge directly related to the pending charges will be allowed to present information at the hearing. If it has not already done so in conjunction with the preparation of its report, the Title IX and Interpersonal Violence Response Office may interview a witness prior to the hearing so that the Dean of Students can determine if the witness has knowledge directly related to the pending charges. Witnesses may be dismissed from the hearing if statements are based on opinion or perceived character alone. A Hearing Officer or Hearing Panel may reasonably limit the scope and time devoted to each case or item of discussion during the hearing, including the number of people providing information. Specifically, corroboration provided by witnesses shall be allowed where appropriate, but repetitive statements, discussion or witness material may be limited. 
  7. Only relevant questions may be asked of a party or witness. Reasons a question may not be permitted include, but are not limited to the question posed being repetitive, harassing, unduly prejudicial, seeking to access privileged information (e.g. mental health information), and/or questions related to the sexual history of a party. For cases involving allegations of Interpersonal Violence, see exceptions below. 
  8. In cases involving Interpersonal Violence, questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered to prove that someone other than the Responding Party committed the conduct alleged by the Reporting Party, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with respect to the Responding Party and are offered to prove consent. 
  9. Student conduct hearings are not governed by the rules of evidence used by courts. 
  10. At the Dean of Students' discretion, multiple incidents involving the same individual(s) may be considered in one hearing or in multiple hearings, the order of which will be determined by the Dean of Students.  
  11. At the Dean of Students' discretion, charges against multiple Responding Parties charged with the same or related violations arising out of one or more related incidents may be considered in one hearing. 
  12. Generally, a Reporting Party or witness does not have a right to learn the outcome of the hearing. However, when the alleged violation is a crime of violence or a non-forcible sex offense (including, but not limited to, conduct under Xavier’s Interpersonal Violence and Title IX Harassment policies) the Reporting Party or other victim will be provided written notification of the outcome of the hearing with respect to that alleged violation. For more information, see Section 3.6.3.2 ("Required Disclosures"). 
  13. All Hearing Panel Members and Hearing Officers receive annual training, appropriate for the types of cases they are likely to hear. 
  14. At the discretion of the Dean of Students, or designee, technology may be used to facilitate hearing participation for involved parties who are not able to be physically present for the hearing. Examples include but are not limited to video conferencing and audio conferencing, etc. 

3.6.2.2 - Rights of the Responding Party

  1. The Responding Party has the right to be present throughout the hearing but not during the deliberation of the Hearing Officer or Hearing Panel.
  2. The Responding Party has the right to remain silent. If silence is maintained, the outcome of the hearing will be determined on the information presented. The Hearing Officer or Hearing Panel may not draw any inference from a Responding Party's choice to remain silent.
  3. The Responding Party has the right to respond to the allegations against them.
  4. The Responding Party has the right to review the information presented and, in certain circumstances, may question the Reporting Party and any witnesses who present information at the hearing. In cases of Interpersonal Violence, the Responding Party will not be permitted to directly question an alleged victim. In Interpersonal Violence cases, questions will be posed by the Responding Party to a member of the Hearing Panel or the Hearing Officer and then transmitted to the Reporting Party unless deemed inappropriate or irrelevant by such officer. 
  5. The Responding Party has the right to present pertinent information and witnesses to substantiate their position. Witnesses must be present at the hearing and their lack of attendance is not cause for appeal. If a witness has a conflict, the Dean of Students may, in their sole discretion, approve submission of a written statement in advance of the hearing to be introduced at the hearing.
  6. The Responding Party has the right to be assisted in all matters within the Student Conduct Process by a current member of the Xavier community (student, faculty, or staff member) (the "Advisor"). The Advisor may help a Responding Party prepare their position, but may not present it or speak for or on behalf of the Responding Party at the hearing. The Advisor may attend the hearing. Except as provided in 3.6.2.2.6(a) the Advisor may not be an individual who has specialized legal training, including someone possessing a Juris Doctor degree, or other legal degree, even if such person is a member of the Xavier community and does not currently practice law. Independent legal counsel may be retained and consulted by the Responding Party, but may not attend the hearing or represent the Responding Party at any stage of the Student Conduct Process. See Section 1.3.5.6 ("Independent Legal Counsel") of this Handbook. The Advisor may not be the Responding Party's parent, even if the parent is a member of the Xavier community.
    1. In matters involving allegations of Interpersonal Violence, Responding Parties have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The Advisor may help a Responding Party prepare their position but may not present it or speak for or on behalf of the Responding Party at the meeting or proceeding. In matters of Interpersonal Violence, the Responding Party may have both an external, non-Xavier advisor of choice (e.g. lawyer, family member) and an internal Xavier support person (e.g. Xavier Integritas Advisor). Responding Parties are encouraged to engage the services of an Integritas Advisor who are Xavier faculty and staff members trained to provide support and assistance at all phases of the student conduct process. Integritas Advisors are required to report Sex Discrimination, including Interpersonal Violence, to Xavier’s Title IX and Interpersonal Violence Response Office and therefore are not able to guarantee confidentiality. For more information on the Integritas Advisor program see the Dean of Students website: http://www.xavier.edu/dean-of-students/
  7. The Responding Party has the right to submit a request for appeal of the outcome of a hearing. The request must be made as described in Section 3.6.7 ("Appeals").

3.6.2.3 - Rights of the Reporting Party

A student, who registers a complaint and acts as the Reporting Party within the Student Conduct Process against another student (the Responding Party) for an alleged action that personally adversely affected the Reporting Party, has the following rights: 

  1. In matters involving allegations of Interpersonal Violence, the Reporting Party has the right to request to be separated from the Responding Party during the hearing. The Reporting Party's request will be accommodated unless to do so would result in some fundamental unfairness (such as where, for example only, the Reporting Party's identity is an issue) and so long as the student's rights to hear all information presented are preserved. This will be done so that the Hearing Officer or Hearing Panel can see and communicate with both the Reporting Party and the Responding Party. For example, the Reporting Party and Responding Party may be separated from one another by a barrier wall. Any other requests for adjustments to the process will be considered at the sole discretion of the Dean of Students, or designee. The Dean of Students will assess the request and may approve process adjustments as long as the adjustments will not infringe on the rights of the Responding Party for the Hearing Panel's access to information. 
  2.  The Reporting Party has the right to review the information presented and, in certain circumstances, may question the Responding Party and any witnesses who present information at the hearing. In cases of Interpersonal Violence, the Reporting Party will not be permitted to directly question the respondant; In Interpersonal Violence cases, questions will be posed by the Reporting Party to a member of the Hearing Panel or the Hearing Officer and then transmitted to the Responding Party unless deemed inappropriate or irrelevant by such officer. 
  3. The Reporting Party has the right to present pertinent information and witnesses to substantiate their position. Witnesses must be present at the hearing and their lack of attendance is not cause for appeal. If a witness has a conflict, the Dean of Students may, in their sole discretion, approve submission of a written statement in advance of the hearing to be introduced at the hearing. 
  4. The Reporting Party has the right to be assisted in all matters within the Student Conduct Process by a current member of the Xavier community (student, faculty, or staff member) (the "Advisor"). The Advisor may help a Reporting Party prepare their position, but may not to present it or speak for or on behalf of the Reporting Party at the hearing. The Advisor may attend the hearing. The Advisor may not be an individual who has specialized legal training, including someone possessing a Juris Doctor degree, or other legal degree, even if such person is a member of the Xavier community and does not currently practice law. Independent legal counsel may be retained or consulted by the Reporting Party, but may not attend the hearing or represent the Reporting Party at any stage of the Student Conduct Process. See Section 1.3.5.6 ("Independent Legal Counsel") of this Handbook. The Advisor may not be the Reporting Party's parent, even if the parent is a member of the Xavier community.  
    1. In matters involving allegations of Interpersonal Violence, Reporting Parties have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The Advisor may help a Reporting Party prepare their position but may not present it or speak for or on behalf of the Reporting Party at the meeting or proceeding. In matters of Interpersonal Violence, the Reporting Party may have both an external, non-Xavier advisor of choice (e.g. lawyer, family member) and an internal Xavier support person (e.g. Xavier’s Advocacy and Prevention Coordinator.  

 

In matters involving allegations of Interpersonal Violence, a Reporting Party may choose how much they want to participate in the investigation and conduct hearing process. 

 

3.6.3 - CONFIDENTIALITY AND DISCLOSURES

3.6.3.1 - General Confidentiality

The name, status, and violations or alleged violations of any student will not be disclosed to anyone other than the appropriate University officials, except as required or permitted by law. Generally, the outcome of any Student Conduct Process and appeal will remain confidential. These statements of general confidentiality are subject to the following rules on required disclosures and permissible disclosures.

All persons involved in  any  aspect  of  an  allegation  of  Interpersonal Violence should respect the privacy of the parties involved and keep the matter confidential within the parameters of preparation for and participation in the complaint resolution process unless otherwise required by law. All communication by parties and witnesses should be respectful and comply with this Student Handbook. Information will only be disclosed to the extent required by law, and to the extent that such disclosure is necessary and permitted under this Student Handbook for the investigation and adjudication of any claim of Interpersonal Violence. Failure of any individual to maintain these parameters may result in disciplinary action in accord with the applicable University policies and procedures.

3.6.3.2 - Required Disclosures

Under Federal law, Xavier must provide written notice to the Reporting Party or other victim and the Responding Party of the final results of any Student Conduct Process brought against a Responding Party for alleged violations of the Standards of Student Conduct that, if proven, would constitute a crime of violence or a non-forcible sex offense (including, but not limited to, conduct under Xavier’s Interpersonal Violence policies). This is required regardless of whether or not the Responding Party is found responsible for the alleged violation, and may only include the final results of the Student Conduct Process with respect to that violation. This disclosure will be made whether or not the alleged victim is the Reporting Party. In addition, if such a violation is found to have occurred, the Reporting Party or other victim shall receive additional notice of the actions the University will take designed to remediate the effects of the violation and to prevent its recurrence (which may include but not be limited to those described in Section 3.3, "Interim Measures for Individuals and/or the Campus Community").

3.6.3.3 - Permissible Disclosures

The University may also choose to disclose information in certain circumstances, including, but not limited to, the following:

(1) The University may choose to notify the parents/legal guardian of a dependent student if the student has violated the Standards of Student Conduct or the student is in jeopardy of being removed from University-owned housing. The University will not disclose any information to parents without proof of dependency. The parents/legal guardian of non-dependent students may be notified when a student has violated the Standards of Student Conduct if written consent for access to records has been provided by the non-dependent student. Additionally, Xavier may notify the parents/legal guardian of any student under age 21 of any violation of a federal, state, or local law, or University policy regarding the use, or possession of alcohol or a controlled substance. These practices are in compliance with the Family Educational Rights to Privacy Act (FERPA) of 1974. Any mention within this document to parental notification will be subject to the conditions set out in this paragraph.

(2) The University may also disclose in the best interest of the campus community to the campus community the final results of a student conduct process where the Responding Party was found responsible for a violation of the Standards of Student Conduct that constitute a crime of violence or non-forcible sex offense (including conduct under Xavier’s Interpersonal Violence policies). (See Section 3.6.3.2 ("Required Disclosures") for more information on these terms.

In accordance with Federal law, any final results to be disclosed under this paragraph may include only the name of the Responding Party, Xavier policies or rules that were violated and any sanction imposed.

(3) The University may disclose information from a student's education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

3.6.4 - HEARINGS

All Student Conduct Hearings will be heard either by a Hearing Officer or a Hearing Panel at one of the two Hearing Levels described below.

3.6.5 - LEVEL ONE HEARINGS

3.6.5.1 - Matters Heard at Level One

Level One Hearings are matters considered to be significant violations of the Code of Student Conduct. For example, matters involving repeat offenders of the same or similar violations are examples of cases that are likely to be heard in a Level One Hearing. As described more fully below, information is collected in advance and is presented in an impartial manner to the Hearing Officer or Hearing Panel. Level One Hearing Officers and Hearing Panels will make decisions regarding responsibility based on the information presented at the hearing and will make recommendations of sanctions, if any, to the Dean of Students or designee based upon that information, as well as prior student conduct violations for which the student was found responsible. Level One Hearing Officer and Hearing Panels have sanctioning authority up to and including suspension and expulsion from the University.

3.6.5.2 - Notice of Charges for Level One Hearings

A student charged with a violation of the Standards of Student Conduct (the "Responding Party") that has not already been resolved by the Alternate Resolution Process will be sent a charge letter by the Dean of Students or a Level One Hearing Officer to the student's Xavier email account.

(1) Content of Charge Letter for Level One Hearings

Generally, a charge letter will inform the Responding Party of the Standards of Student Conduct sections allegedly violated; reference the Student Handbook section that contains information about possible sanctions; direct the student to information about the Student Conduct Process; and provide notice that the student may accept responsibility for the alleged violation(s) of the Standards of Student Conduct and accept the benchmark or other appropriate sanctions for the alleged violation as determined by the Dean of Students or designee. Notification of the date, time and location of a hearing will typically be included in the charge letter or may be provided to the Responding Party at a later time.

(2) Reporting Party Involvement in Level One Hearings

Many violations of the Standards of Student Conduct that call for a Level One Hearing personally adversely affect the person who made the complaint leading to a charge. Such a person is given the option to act as a Reporting Party within the Student Conduct Process. To ensure that the charges are consistent with the Reporting Party's complaint, the Dean of Students may review the charges with the Reporting Party for completeness and accuracy before sending the charge letter to the Responding Party, but the final decision as to the contents of the charge letter shall be made solely by the Dean of Students.

3.6.5.3 - Level One Hearing Officers and Hearing Panels

Whether a particular matter will be heard by a Hearing Officer or Hearing Panel will be determined at the sole discretion of the Dean of Students or designee. Level One Hearing Officers and Hearing Panels will be selected from a pool of faculty members, administrators, and students who receive annual training (the "Level One Pool"). Only faculty and administrators may serve as Hearing Officers. Hearing Panels will consist of no less than three individuals, and will generally be comprised of two faculty or staff members, and one student.

3.6.5.4 - Identification, Collection, Dissemination and Presentation of Information

In matters to be heard by a Level One Hearing Panel, the Dean of Students is responsible for identifying, collecting and disseminating information to be presented at the hearing to the Hearing Panel in accordance with these procedures. At the hearing, a member of the Hearing Panel will facilitate all proceedings and at the conclusion of the hearing will facilitate the Hearing Panel's deliberations.

3.6.5.5 - Timing of Level One Hearings

(1) A Level One Hearing will be scheduled no sooner than five business days after the charge letter is sent to the Responding Party. At least five business days before a Level One Hearing, the Responding Party and the Reporting Party (if any) will be notified of the date, time and location of the hearing and will be provided with all documents to be presented to the Hearing Officer or Hearing Panel. FERPA-protected information may be redacted. Each party will have two business days after Responding Party and Reporting Party are notified of the date, time and location of the hearing to notify the Dean of Students of a need to change the date or time of the hearing. Changes to date and time will only be granted for good cause, as determined in the sole discretion of the Dean of Students. The parties will be notified in writing of any change to the date, time or location at least two business days before the originally- scheduled hearing date.

(2) At least five business days before the hearing, Responding Party and Reporting Party, if any, will be notified of the name of the Hearing Officer or the names of Hearing Panel members. Responding Party and Reporting Party, if any, have two business days after notice of the name of the Hearing Officer or names of Hearing Panel Members is sent to object to the Hearing Officer or any Hearing Panel member in writing to the Dean of Students. The objection must state why it is believed a particular individual or individuals cannot be fair and impartial. Upon receipt of such objection, the Dean of Students or designee will replace an objected-to individual only if, in their judgment, it is determined that the objected to individual, may not be fair and impartial in considering the matter. The parties will be notified in writing of any change of the Hearing Officer or to the Hearing Panel at least two business days before the hearing.

(3) At least two business days before the hearing, the Responding Party and Reporting Party, if any, must submit to the Dean of Students any documents or other materials they want considered in the hearing, as well as a written list of witnesses they want to present information at the hearing.

(4) At least 24 hours before the hearing, the Responding Party and Reporting Party, if any, will each be given a list of all witnesses who will be called at the hearing, including witnesses submitted by the Responding Party, the Reporting Party and Xavier.

"Business days" means any day that is not a weekend, University break period or a national holiday.

3.6.5.6 - Level One Hearings Procedures

A Level One Hearing will be conducted according to the following procedures:

(1) The hearing will be closed to everyone except those persons specifically provided for in this process or persons whose presence at the hearing is authorized in advance by the Hearing Officer or Dean of Students (in cases heard by a Hearing Panel).

(2) There will be no representation by legal counsel in the hearing. (In matters involving allegations of Interpersonal Violence, Reporting Parties and Responding Parties have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The Advisor may help a Reporting Party or Responding Party prepare their position but may not present it or speak for or on behalf of the Reporting or Responding Party at the meeting or proceeding.

(3) A scheduled hearing may proceed in the absence of a Responding Party, a Reporting Party, or any other individual who fails to appear. An absence will not be considered grounds for an appeal.

(4) At the beginning of the hearing, the Responding Party and Reporting Party will each be advised of their rights. The Reporting Party, the Responding Party, and the Hearing Officer or Hearing Panel will be provided the opportunity to ask relevant questions about the materials and information presented.

(5) At the conclusion of the hearing, the Hearing Officer or Hearing Panel shall confidentially consider all of the materials and information available at the hearing to formulate a decision on the issue of responsibility. Except in exigent circumstances, the decision should be made within five business days of the conclusion of the hearing.

(6) If a student is found to be responsible, the Dean of Students shall then provide the Hearing Officer or Hearing Panel with records reflecting any prior student conduct violations for which the Responding Party was previously found responsible, which information may be considered by the Hearing Officer or Hearing Panel in recommending a sanction.

(7) If a Responding Party is found responsible, the Hearing Officer or Hearing Panel will recommend sanctions to the Dean of Students, who will assess the sanction(s) they deem appropriate; provided, however, in cases involving any charge of Interpersonal Violence, the Dean of Students will act only after confirming with the University's Title IX and Interpersonal Violence Response Office that the proposed sanction and any remedies imposed are sufficient to remedy the discrimination. If the sanction ultimately imposed varies from the recommendation of the Hearing Officer or Hearing Panel, the Dean of Students will include the reasons for such variance in the notices provided to the Reporting Party or other victim and the Responding Party as required by this Handbook. Further, it is understood that ultimate oversight authority and coordination of compliance with Xavier’s Interpersonal Violence policies rests in the University's Title IX and Interpersonal Response Coordinator who may, in addition to any sanction imposed, take steps to remedy the effects of the conduct and to prevent its recurrence (which may include, but not be limited to, those described in Section 3.3, "Interim Measures for an Individual and/or Campus Community").

(8) Written notice of the outcome of the hearing, the sanction imposed, if any, and information about requesting an appeal will normally be provided to the Responding Party within five business days of the conclusion of the hearing. Note that in cases involving multiple Responding Parties, outcomes will be delivered within 5 business days of the last scheduled hearing for the case. In charges involving Interpersonal Violence, notice of the outcome of the hearing with respect to that alleged violation will be issued to the Reporting Party or other victim at the same time notice is issued to the Responding Party. For more information, see Section 3.6.3.2 ("Required Disclosures") of this Handbook.

(9) Level One Hearing Panel proceedings will be audio recorded and the recording shall be maintained as part of the record maintained for the particular Student Conduct Hearing.

3.6.5.7 - Request for an Appeal From a Level One Hearing

The request for an appeal from a decision of a Level One Hearing Officer or Hearing Panel will be to the University Appeal Board ("Level One Appeal Panel"). In certain situations, it may become difficult, impractical or impossible for the University Appeal Board to review a case. In these circumstances, the appeal will be reviewed by an appointed designee. See Section 3.6.7 ("Appeals") of this handbook.

3.6.6 - LEVEL TWO HEARINGS

3.6.6.1 - Matters Heard at Level Two

Matters not heard as a Level One Hearing will be heard as a Level Two Hearing. Level Two Hearing Officers and Hearing Panels will make decisions regarding responsibility based on the information presented at the hearing. Hearing Officers will assess sanctions, if any, based upon that information, as well as prior student conduct violations for which the student was found responsible. Hearing Panels will make recommendations of sanctions, if any, to the assigned Student Affairs Administrator based upon the information presented at the hearing, as well as prior student conduct violations for which the student was found responsible. If a Hearing Officer or Hearing Panel believes probation, suspension or expulsion is appropriate, the Hearing Officer or Hearing Panel shall make their recommendation of sanctions to the Dean of Students, who will assess the sanction(s) they deem appropriate.

3.6.6.2 - Notice of Charges for Level Two Hearings

A student charged with a violation of the Standards of Student Conduct (the "Responding Party") that has not already been resolved by the Alternate Resolution Process will be sent a charge letter by the Dean of Students or designee to the student's Xavier email account.

(1) Content of Charge Letter for Level Two Hearings

Generally, a charge letter will inform the Responding Party of the Standards of Student Conduct sections allegedly violated; reference the Student Handbook section that contains information about possible sanctions; direct the student to information about the Student Conduct Process; and provide notice that the student may accept responsibility for the alleged violation(s) of the Standards of Student Conduct and accept the sanctions for the alleged violation as determined by the Dean of Students or designee writing the charge letter. Notification of the date, time and location of a hearing will also be included in the charge letter.

(2) Reporting Party Involvement in Level Two Hearings

Some violations of the Standards of Student Conduct that call for a Level Two Hearing personally adversely affect the person who made the complaint leading to a charge. Such a person is given the option to act as a Reporting Party within the Student Conduct Process. The Dean of Students or designee writing the charge letter may or may not review the charges with the Reporting Party for completeness and accuracy before sending the charge letter to the Responding Party. This decision is within the sole discretion of the author of the charge letter.

3.6.6.3 - Level Two Hearing Officers and Hearing Panels

Whether a particular matter will be heard by a Hearing Officer or Hearing Panel will be at the sole discretion of the Dean of Students or designee. Level Two Hearing Officers will be Student Affairs Administrators selected from a pool of employees from the Student Affairs Division who have been appointed for this purpose. Level Two Hearing Panels will be selected from a pool of students who have been selected by the Office of Residence Life in consultation with the Dean of Students to serve a one-year term. Students may be reappointed on an annual basis. Hearing Panels will consist of no less than four students, and will be assisted by a Student Affairs Administrator who will be appointed from the pool of Level Two Hearing Officers. The assigned Student Affairs Administrator will not vote except in cases of a tie.

3.6.6.4 - Identification, Collection, Dissemination and Representation of Information

In matters to be heard by a Level Two Hearing Officer or Hearing Panel, the Hearing Officer or assigned Student Affairs Administrator advising the Hearing Panel is responsible for identifying, collecting, disseminating and presenting the evidence at the hearing. During Level Two Hearing Panel hearings, the assigned Student Affairs Administrator will be present during the hearing, and will facilitate the deliberations, but shall not act as a witness nor offer an opinion on the issue of responsibility. The assigned Student Affairs Administrator may answer questions about the source of the materials presented and may provide information about policy interpretation and

3.6.6.5 - Level Two Timing

(1) A Level Two Hearing will be scheduled no sooner than three business days after the charge letter is sent to the Responding Party. "Business day" means any day that is not a weekend, national holiday or University break period. The Responding Party (and the Reporting Party, if any) will be notified in writing of the date, time and location of the hearing at least 3 business days before the hearing is scheduled to begin. Each party will have until 24 hours before the scheduled time for the hearing to notify the Dean of Students or designee, of a need to change the date or time of the hearing. Changes to date and time will only be granted for good cause, as determined in the sole discretion of the Dean to Students or designee. The parties will be notified of any change to the date, time or location as soon as reasonably possible.

(2) Usually, the Responding Party (and Reporting Party, if any) will be given a list of all witnesses Xavier will call upon to present information at the hearing and copies of all documents to be presented to the Hearing Officer or Hearing Panel at least 48 hours before the hearing. FERPA-protected information may be redacted. The Responding Party (and Reporting Party, if any) may provide all documents or other materials for the Hearing Officer or Hearing Panel's consideration up to the time of the start of the hearing. No information, documents or other materials may be presented for the Hearing Officer or Hearing Panel's consideration after the hearing. The Responding Party (and Reporting Party, if any) must submit their list of witnesses at least 24 hours before the start of the hearing. The Dean of Students or designee has the sole discretion to determine whether any irrelevant or cumulative witness statements may be excluded.

3.6.6.6 - Level Two Procedures

A Level Two Hearing will be conducted according to the following procedures:

(1) The hearing will be closed to everyone except those persons specifically provided for in this process or persons whose presence at the hearing is authorized in advance by the Hearing Officer (in cases heard by a Hearing Officer) or the assigned Student Affairs Administrator (in cases heard by a Hearing Panel). Advisors, as described in Sections 3.6.2.2(6) ("Rights of the Responding Party") and 3.6.2.3(4) ("Rights of the Reporting Party") will only be allowed at the discretion of the Hearing Officer or Student Affairs Administrator. If Advisors are allowed, they will be allowed for both the Reporting Party and Responding Party.

There will be no representation by legal counsel in the hearing. See Section 1.3.5.6 ("Independent Legal Counsel").

(2) A scheduled hearing may proceed in the absence of a Responding Party, a Reporting Party, or any other individual who fails to appear. An absence will not be considered grounds for an appeal.

(3) At the beginning of the hearing, the Responding Party and Reporting Party will each be advised of their rights.

(4) At the conclusion of the hearing, the Hearing Officer or Hearing Panel shall confidentially consider all of the materials and information available at the hearing to formulate a decision on the issue of responsibility.

(5) If a student is found to be responsible, the Hearing Officer or Hearing Panel will be provided with records reflecting any prior student conduct violations for which the Responding Party was previously found responsible, which information may be considered by the Hearing Officer or Hearing Panel in determining a sanction.

(6) If a Responding Party is found responsible by a Hearing Officer, the Hearing Officer will assess the sanction(s). If a Responding Party is found responsible by a Hearing Panel, the Hearing Panel will recommend sanctions to the Dean of Students, the Director of Residence Life, or designee, who will assess the sanction(s). If a Responding Party is found responsible by either a Hearing Officer or Hearing Panel and the Hearing Officer or Hearing Panel believes that University Probation, suspension or expulsion is the appropriate sanction, the Hearing Officer or Hearing Panel will recommend the sanction to the Dean of Students, who will assess the sanction(s).

(7) Written notice of the outcome of the hearing, and information about requesting an appeal, will normally be provided to the Responding Party within five business days of the last scheduled hearing in the case. A Reporting Party or other victim is only notified of the outcome of a hearing in matters involving a crime of violence or a non-forcible sex offense (including, but not limited to, Sexual Harassment, Non-Consensual Sexual Contact, Non-Consensual Sexual Intercourse, Stalking, Domestic Violence, Dating Violence, Other Gender-Based and Sexual Misconduct, and Retaliation), which matters are not typically handled at the Level Two Hearing Level.

3.6.6.7 - Request for an Appeal from a Level Two Hearing

Requests for an appeal from a decision of a Level Two Hearing Officer or Hearing Panel are to the Director of Student Integrity or designee. In matters where the Dean of Students has accepted the recommendation of, suspension or expulsion from the Level Two Hearing Officer or Hearing Panel, requests for an appeal of that decision shall be to the University Appeal Board. In certain situations, it may become difficult, impractical or impossible for the University Appeal Board to review these cases. In these circumstances, the appeal will be reviewed by an appointed designee. See Section 3.6.7 ("Appeals") of this handbook.

3.6.6.8 - Club Sports Council Conduct Review Board

The Club Sports Council is a governing body comprised of one student representing each sport club. In the event of unsportsmanlike conduct, behavior unbecoming of a sport club member, or other incidents related to club sport policy infractions, the Club Sports Council is the Hearing Panel designated by the Dean of Students to hear the case. Specific responsibility for the hearing is given to the Club Sports Conduct Review Board as advised by the Assistant Director of Recreational Sports or designee.

(1) Club Sports Conduct Review Board (CSCRB)
This board is elected by the CSC body and is comprised of the President, Vice President, Secretary, and Treasurer. The Assistant Director of Recreational Sports will select four additional members of the CSC to join the CSCRB, bringing the group to a total of eight.

(2) Responsibility of the CSCRB
Should incidents of unsportsmanlike conduct, behavior unbecoming of a sport club member or other incidents related to club sport policy infractions occur, this peer review team may serve as the Level Two Hearing Panel. The Assistant Director of Recreational Sports, or designee, facilitates the process. The Club Sports Conduct Review Board will make recommendations to the Dean of Students regarding sanctions, up to and including, club sport probation, freezing of budgets, suspension, or expulsion of an individual or team from the club sports participation. The CSCRB may also recommend to the Dean of Students that additional University sanctions be taken against any individual or club sport organization based on the severity of the incident. Review of a request for an appeal is determined by the Dean of Students or designee.

Incidents that involve violations of the Code of Student Conduct will be heard according to the guidelines and procedures established in Sections 3.6.5 ("Level One Hearings") and 3.6.6 ("Level Two Hearings"). Whether a particular matter will be heard by a CSCRB or another Hearing Officer or Hearing Panel will be at the sole discretion of the Dean of Students or designee.

(3) Advisor
The Assistant Director of Recreational Sports will act as the advisor to the Club Sport Council as well as the Club Sports Conduct Review Board. The advisor will research incidents and report the finding of facts to the CSCRB.
This same information will be documented and sent to the complaint and a hearing will then be held.

(4) Hearing
The hearing will be conducted in accordance with the procedures outlined in Section 3.6.6.6 ("Level Two Procedures").

3.6.7 - APPEALS

After a Level One or Level Two Hearing, the Responding Party and the Reporting Party (if applicable) will each have five business days after notice of the outcome of the hearing is sent in which to request an appeal. Reporting Parties are only permitted to request an appeal in matters involving allegations, which, if proven, would constitute crimes of violence or non-forcible sex offenses. (For more information on the disclosure of information to Reporting Parties in crimes of violence and non-forcible sex offenses, see Section 3.6.3.2 ("Required Disclosures") of this Handbook. Requesting an appeal does not mean that an appeal will be heard. Requests for appeals will only be granted for specific reasons outlined below.

While the Appeal process is pending, sanctions of Suspension and Expulsion assigned by the original Hearing Administrator or panel will be in effect. In such cases, the Responding Party will be placed on Administrative Separation pending the conclusion of the Appeal process.

3.6.7.1 - Requesting an Appeal

Requests for an appeal must be made in writing and directed to the individual or panel indicated under the Level One and Level Two Hearing descriptions above. See Section 3.6.5.7 ("Request for an Appeal From a Level One Hearing") and Section 3.6.6.7 ("Request for an Appeal From a Level Two Hearing"). A request for an appeal must be received by the appropriate Appeal Officer (see Section 3.6.5.7 and 3.6.6.7.) and no later than 5:00 p.m. on the fifth business day after receipt of the outcome of the hearing.

3.6.7.2 - Reasons for Requesting an Appeal

A request for an appeal will only be granted if the request provides sufficient factual basis for one of the following grounds for an appeal:

(1) There is a denial of the elements of a fair hearing.

(2) The finding is not supported by the evidence.

(3) The sanctions imposed are substantially outside the parameters or guidelines set by the University for the type of offense or the cumulative conduct record of the Responding student.

(4) There is new information to present that was not available at the time of the hearing, and that may have a bearing on the original decision.

The same relevancy criteria will apply in the appeal process as applied in the hearing process. 

3.6.7.3 - Review of a Request for an Appeal

The Level One or Level Two Appeal Officer or Panel (see Sections 3.6.5.7 ("Request for an Appeal From a Level One Hearing") and 3.6.6.7 ("Request for an Appeal From a Level Two Hearing") will review the request for an appeal to determine if the request provides sufficient factual basis for one of the four grounds for an appeal. If the Appeal Officer or Appeal Panel finds that the request is insufficient, they will provide the requesting student with written notification that the request for an appeal is denied within 5 business days of the actual review. A copy of this notification will be sent to the non-appealing Responding Party, and in charges involving allegations which if proven would constitute crimes of violence or non-forcible sex offenses, to the non-appealing Reporting Party or victim. For more information regarding required disclosures to certain Reporting Parties, see Section 3.6.3.2 ("Required Disclosures") of this Handbook. If the Appeal Officer or Appeal Panel determines that the request for appeal provides sufficient factual basis for at least one of the four grounds for appeal, the appeal request will be granted. The requesting student will receive notification within five business days that includes: (a) an explanation that granting the request for an appeal means the appeal will be conducted and does not mean any conclusions have been made as to the merits of the appeal; (b) a general description of how the appeal will be conducted, including any times and dates with which the student must comply; (c) a request for written statements if the Appeal Officer or Appeal Panel desires such statements; (d) at least a general timeline that includes due dates, if any, dates for meetings, if possible, and timelines for making a determination. The same notification will be sent to the non-appealing Responding Party, and in charges involving allegations, which, if proven, would constitute crimes of violence or non-forcible sex offense, to the non-appealing Reporting Party or victim. See Section 3.6.3.2 ("Required Disclosures") of this Handbook.

3.6.7.4 - Appeal Officer or Appeal Panel

The Appeal Officer or Appeal Panel identified above will review the request for an appeal. If granted, that Appeal Officer or Panel may conduct the appeal. If heard by an Appeal Panel, the members of the Appeal Panel will be selected from the pool of individuals who receive annual training. Any individual who was involved with the initial hearing is disqualified from hearing the appeal.

3.6.7.5 - Conducting the Appeal if Granted

If the request for an appeal is granted, the Appeal Officer or Appeal Panel will consider the record of the matter to determine the appropriateness of the decision and sanctions rendered in the original hearing. The record is comprised of the materials used in the hearing, any transcript from the case hearing, and any recording of the hearing. The Appeal Officer or Appeal Panel will also consider the written request for an appeal, and any written statements it solicits from the Reporting Party and Responding Party.

3.6.7.6 - Appeal Meeting

Once a request for an appeal has been granted, the appeal is generally granted or denied based upon the written documentation available from the hearing and the information presented in the request for an appeal. However, in some instances, it may be necessary for a meeting to be conducted to clarify details presented. An appeal meeting is not a rehearing of the case. The appeal meeting, if warranted, will be conducted in accordance with the procedures outlined below:

1) The appeal meeting will be closed to everyone except those persons specifically invited by the Appeal Officer or Panel.

2) A student whose presence is requested at an appeal meeting has the right to be accompanied and assisted at the appeal meeting by a current member of the Xavier community (student, faculty or staff member). The Advisor may not be an individual who has specialized legal training, including someone possessing a Juris Doctor degree, or other legal degree, even if such person is a member of the Xavier community and does not currently practice law. The Advisor may not be the student's parent, even if the parent is a member of the Xavier community.

3) There will be no presentation by legal counsel. In matters involving allegations of Interpersonal Violence, Reporting Parties and Responding Parties have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The Advisor may help a Reporting Party or Responding Party prepare their position but may not present it or speak for or on behalf of the individual at the meeting or proceeding.

3.6.7.7 - Written Statements

The Appeal Officer or Appeal Panel may request written statements from the Reporting Party and Responding Party. The Appeal Officer or Appeal Panel may set a limit on the length of such statements and then they may use such statements as they deem fit. Unsolicited statements from the Reporting Party, Responding Party, or anyone else will not be considered by the Appeal Officer or Appeal Panel if the statements are not part of the record of the hearing.

3.6.7.8 - New Evidence

Only new information that was not available at the time of the original hearing will be accepted and considered by the Appeal Officer or Appeal Panel. Even if new information is accepted because it was not available at the time of the original hearing, the Appeal Officer or Appeal Panel may use this new information in considering the outcome of the appeal only if it is determined to be accurate and justified, in the judgment of the Appeal Officer or Appeal Panel.

3.6.7.9 - Final Decision

An Appeal Officer's decision to grant or deny a request for an appeal is a final decision. If a request for an appeal is granted, the decision of the Appeal Officer or Appeal Panel reviewing the appeal will also be a final decision.

3.7 - SANCTIONS

Xavier University strives to foster an atmosphere that encourages and promotes mutual respect and consideration for others. Students are expected to cooperate in observing the Standards of Student Conduct that contribute to a positive environment. Violations of Xavier's Standard of Student Conduct will be addressed appropriately and a student found responsible for an alleged conduct violation will be sanctioned. Any sanction(s) imposed on a Responding Party will be based on the facts and circumstances represented by the particular matter.

Specifically, student conduct sanctions will be determined based on the severity of the behavior, the impact of the behavior on the community, the level of the student's responsibility for the incident, and prior student conduct history. Depending on severity of the violation, multiple sanctions may be imposed and depending on the nature of the violation, sanctions may include educational, developmental and/or restrictive measures. Educational and restrictive sanctions will generally be imposed in combinations that are designed to affect desired behavior changes. Because students are expected to learn from previous mistakes and poor choices, violations of polices and sanctions given in previous conduct incidents will impact the sanctions imposed for future violations throughout their college career (this includes Xavier University Police Department citations and off-campus situations).

Educational/developmental sanctions may include, but are not limited to:

Restrictive sanctions may include, but are not limited to:

3.7.1 - DESCRIPTIONS OF TYPICAL SANCTIONS IMPOSED

3.7.1.1 - Written Warning

A student found to be in violation of the Standards of Student Conduct may receive a written warning. A written warning is a written statement of warning which declares that the behavior is unacceptable within the Xavier community. Additional sanctions may be imposed if the unacceptable behavior continues after the student receives a written warning. A Written Warning will generally remain in effect for the remainder of a student's enrollment at Xavier.

3.7.1.2 - Parental Notification

In accordance with the Family Educational Rights to Privacy Act (FERPA) of 1974, Xavier may notify the parents/legal guardian of any student under age21 of any violation of a federal, state, or local law, or University policy regarding the use, or possession of alcohol or a controlled substance. Additionally, the University may choose to notify the parents/legal guardian of a dependent student if the student has violated the Standards of Student Conduct and is in jeopardy of being removed from University-owned housing. Any mention within this document to parental notification will be subject to the conditions set out in Section 3.6.3.3 ("Permissible Disclosures").

3.7.1.3 - Educational Sanction

A student found to be in violation of the Standards of Student Conduct may receive an educational sanction. An educational sanction is a required activity that is intended to engage the student in a positive learning experience related to the student's inappropriate behavior. An educational sanction may include, but is not limited to: (1) performing community service on and/or off campus; (2) attending programs or workshops at the student's own expense; and, if applicable, (3) obtaining counseling or writing a paper.

3.7.1.4 - Limitations on Activities

A student's activities may be limited if the student is found to be in violation of the Standards of Student Conduct. While often coupled with Residence Life or University Probation, this sanction may be imposed separately as well. Limitations on activities may include, but are not limited to: (1) ineligibility for serving as an officer or member of a University organization, committee, board, or council; (2) ineligibility to participate in any inter/intra-collegiate activity; (3) ineligibility to receive or maintain an award; or (4) exclusion from University events.

3.7.1.5 - Fine

A student found to be in violation of the Standards of Student Conduct may be fined as a penalty for the inappropriate behavior. A fine is a monetary sanction, which is intended to make the student consider their behavior and decision-making. Fines are not to be confused with restitution (See Section 3.7.1.6 "Restitution").

3.7.1.6 - Restitution

A student found to be in violation of the Standards of Student Conduct may be required to make restitution (pay for losses or damages). Restitution is defined as an act of restoring or a condition of being restored. For example, if a student's conduct causes damage to Xavier or another student's property, then the student may be required to pay the cost of repair or loss.

3.7.1.7 - No Contact Notice

A No Contact Notice may be issued as a sanction through the Student Conduct Process and requested by a student with valid reason. A No Contact Order is an official order of protection provided to prevent or prohibit a student and family of that student from all contact with another student to adequately ensure that students safety. The identity of the student requesting a No Contact Notice must be provided to the recipient student of the No Contact Notice. The duration of a University issued No Contact Notice will be determined by the University official issuing the No Contact Notice.

3.7.1.8 - Residence Life Probation

Residence Life Probation is a formal notice to the student that the behavior in question is unacceptable within the residential community and that if the behavior continues, more severe action may be taken, including the possibility of removal from University- owned housing. Probation is for a fixed period of time, which normally will not be less than one semester.

3.7.1.9 - Removal from Xavier-Owned Housing

If the Residence Life Probation sanction is imposed and the unacceptable behavior continues, then the student may be removed from Xavier-owed housing. A student may also be removed from Xavier-owned housing without being on Residence Life Probation. Removal from Xavier-owned housing may be for a fixed period of time or on a permanent basis. A student who is removed from Xavier-owned housing is not permitted to enter or visit any Xavier-owned housing and will forfeit any prepaid housing fees.

3.7.1.10 - Academic

Examples of academic sanctions include, but are not limited to, assigning the student a "zero" for a particular assignment or test or an "F" in a course. Academic sanctions are most frequently assessed in response to academic dishonesty according to Section 2.3.9.1("Academic Honesty"). Academic sanctions may also be appropriate in response to certain violations of the Standards of Student Conduct (e.g., disturbances or inappropriate behavior toward a Xavier employee or fellow students in an academic setting or environment). If a Hearing Officer or Hearing Panel recommends to the Dean of Students academic sanctions for a violation of Xavier policy (other than academic dishonesty), the Dean of Students may recommend academic sanctions to the student's college Academic Dean. Any academic sanctions will be assessed by academic administration.

3.7.1.11 - University Probation

The sanction of University Probation involves a formal notice to the student that the behavior in question is unacceptable within the Xavier community. Probation is for a fixed period of time, which normally will not be less than one semester. A student placed on probation faces the following consequences during the probationary period: (1) ineligibility for serving as an officer or leader of a University or student organization, committee, board, or council; and (2) the student is not considered to be in "good conduct standing" with Xavier. Probation may be assigned (at the discretion of the hearing officer) in conjunction with the "Limitation on Activities" sanction, which may further limit a student's involvement in University activities. If the unacceptable behavior continues, or if other inappropriate behavior follows, more severe action will be taken, including the possibility of suspension or expulsion.

3.7.1.12 - Suspension

A student found to be in violation of the Standards of Student Conduct may be suspended. Written notification of this sanction will be provided to the student, and suspension may be imposed in addition to any other sanction that is judged to be of value to the student. Suspension from Xavier includes, but is not limited to, the following consequences: (1) a suspended student is excluded from participation in any academic or other Xavier activities for a specified period of time, which may be indefinite; (2) a suspended student will be withdrawn from all courses carried the semester of the suspension, and will forfeit all fees according to Xavier's normal Withdrawal Policy; (3) any student suspended from Xavier is prohibited from visiting Xavier's premises (all buildings and grounds) except when engaged in official conferences approved in writing, by phone or email through the Dean of Students, or designee; and (4) the student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Dean of Students or designee. Persons notified of a student's University suspension status may include parents or guardians, academic deans, Campus Safety, or other appropriate personnel at the discretion of the Dean of Students. 

3.7.1.13 - Students Returning After Suspension

When a suspension period is over and the student has completed the conditions accompanying the suspension, the student must contact the Dean of Students requesting reinstatement and providing documentation demonstrating that the student has satisfied the terms of the suspension (if applicable). The Dean may, if needed, require a meeting with the student before permitting reenrollment. The student may re-enroll at the University only after the Dean of Students has made an affirmative decision, notified the student, and released the hold on the student's University account. Any student who has completed the terms of suspension from Xavier and wishes to return to Xavier will meet with the Dean of Students to discuss reintegration and will be placed on University Probation for a specified period of time, which will be determined by the Dean of Students (generally not less than one semester). Any student placed on Administrative Separation pending the Student Conduct Process may not return until after the conclusion of the Student Conduct Process.

3.7.1.14 - Expulsion

Expulsion is the most serious University sanction and involves the permanent exclusion of the student from Xavier. Notification of the expulsion will be provided to the student. An expelled student will: (1) forfeit all rights and degrees not actually conferred at the time of the expulsion; (2) be withdrawn from all courses; (3) forfeit all fees according to the Xavier's normal Withdrawal Policy; and (4) vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Dean of Students or designee. Any student expelled from Xavier is prohibited from visiting Xavier's premises except when engaged in official conferences approved in writing, by phone or by email and in advance by the Dean of Students, or designee.

3.7.1.15 - Other

Xavier reserves the right to impose any other sanction that has not been specifically defined, as it deems appropriate.

3.7.2 Benchmark Sanctions

In addition to the typical sanctions that may be imposed, additional or more severe sanctions may be imposed if a student is found to have engaged in certain prohibited conduct. If a student is found "responsible" for certain types of violations, the following benchmark sanctions are a starting point for determining the appropriate sanction. Actual sanctions imposed are determined on a case-by-case basis and may be greater or lesser than the benchmark sanctions. These benchmark sanctions are intended to offer guidance to the individuals and panels imposing and recommending sanctions, and to alert students of the serious nature of certain violations. Although benchmarks are only provided for certain violations, sanctions may be imposed for violations that are not included in this list. Further, this list does not limit the forms of sanctions that may be assessed through the Student Conduct Process.

3.7.2.1 - Bias Motivated Incidents

At Xavier, we define a bias motivated incident as unintentional or intentional acts targeted at a person, group or property expressing negative bias or hostility on the basis of perceived or actual gender, race, religion, ethnicity, sexual orientation, socio-economic status, veteran status, disability or age; bias incidents may consist of name calling, epithets, slurs, degrading language, graffiti, intimidation, coercion or harassment directed toward the targeted person or group. Bias acts often contribute to creating an unsafe or unwelcoming environment for individuals and social identity groups. Acts qualify as bias acts even when delivered with humorous intent or presented as a joke or a prank.

Further, any violation of the Code of Student Conduct motivated by a consideration (real or perceived) of gender, race, religion, ethnicity, sexual orientation, socio-economic status, veteran status, disability or age is prohibited and will be treated more severely than a similar or related act in the absence of such motivation.

3.7.2.2 - Interpersonal Violence

(a) Sexual Harassment – The benchmark sanction for a student who is found responsible for sexual harassment may range from  University Probation to Expulsion.

(b) Public Indecency - The benchmark sanction for a student who is found responsible for public indecency may range from University Probation to Suspension.

(c) Stalking - The benchmark sanction for a student who is found responsible for stalking may range from Suspension to Expulsion.

(d) Sexual Exploitation - The benchmark sanction for a student who is found responsible for sexual exploitation may range from  University Probation to Expulsion.

(e) Sexual Assault - The benchmark sanction for a student who is found responsible for sexual assault may range from Suspension to Expulsion.

(f) Rape - The benchmark sanction for a student who is found responsible for rape is Expulsion.

(g) Domestic Violence – The benchmark sanction for a student who is found responsible for domestic violence may range from University Probation to Expulsion.

(h) Dating Violence - The benchmark sanction for a student who is found responsible for dating violence may range from University Probation to Expulsion.

(i) Interpersonal Violence – Other – The benchmark sanction for a student who is found responsible for interpersonal violence – other may range from Warning to Expulsion.

Benchmark Sanctions for Title IX Sexual Harassment may be found in Section 3.4.1.10.

3.7.3 - NON-COMPLIANCE WITH UNIVERSITY SANCTIONS

A student who fails to complete an assigned sanction(s) may be subject to a "Disciplinary Hold" which may limit their ability to re-enroll until the sanction is complete. In addition, students who fail to complete sanctions may also face additional charges of misconduct (e.g., "Failure to Comply") and be required to participate in new student conduct hearing to address the new charges.

3.8 - ADDITIONAL CONSEQUENCES FOR VIOLATING THE STANDARDS OF STUDENT CONDUCT

3.8.1- Long-Term Consequences of Sanctions

A student's record of student conduct follows them throughout their college career. After graduation, educational institutions such as law and medical schools, as well as potential employers, may contact Xavier to verify any disciplinary history. This could determine or impact acceptance or hire. While the goal of the Student Conduct Process is to contribute to student learning by responding to student behavior fairly and educationally, it is important that students remember that violating Xavier's Standards of Student Conduct, and being found responsible, may result in sanctions that could be have long-term implications for the student.

3.8.2 - Retention of Disciplinary Conduct Records

Generally, Student conduct files are maintained electronically. Some hard-copy files may be maintained in addition to the electronic filing system and may be found in the office of the Dean of Students or the office of Residence Life. Upon completion of the student conduct sanction(s), the student will be returned to good conduct standing, but the record of the hearing outcome, sanction(s), and supporting material will be retained in the student's file (a FERPA protected educational record) for a minimum of seven years following their graduation date or date of continuous separation from Xavier University. At that time, the material may be destroyed except for those records verifying suspension or expulsion. Such records may be introduced and given due consideration in any subsequent student conduct investigation in which the student may be involved.

SECTION 3.10 - DISCRETION REGARDING THE HANDLING OF STUDENT CONDUCT CASES

In certain situations, it may become difficult, impractical, or impossible to handle a case according to the Student Conduct Process as outlined in this Handbook. In some cases, adjustments may be necessary depending on the seriousness of the violation and/or the availability of persons involved or persons taking part in the process. The Dean of Students or designee has sole discretion to make such adjustments. For example, if circumstances arise, the Dean of Students or designee has the discretion to determine the number of individuals who will serve on a Hearing Panel to hear a particular case. Convening such a panel is not limited to the following situations, but may often be necessary: (1) at the end of a semester or academic year when a case must be resolved due to the sensitive nature of the charges; (2) early in the academic year before the appropriate Board has been appointed or trained. Every attempt will be made to convene a panel that is comprised of individuals who have had prior experience and training as an Administrative Hearing Officer or Board member.

3.10.1 Timing of Student Conduct Process

Depending on the circumstance of each case, it may become difficult, impractical, or impossible to handle a case within the time frame allocated, as set forth in this Handbook; as such, all time frames may be altered at the sole discretion of the Dean of Students.

 

3.9 - VOLUNTARY AND INVOLUNTARY LEAVES OF ABSENCE

The University is committed to the ongoing safety, health, and well-being of members of its community.  These Policies are designed to offer clarity regarding processes and expectations for both voluntary and involuntary leaves of absence.  These policies will address processes for students wishing to access a voluntary leave of absence for health-related and other concerns.  This policy will also address the University’s involuntary leave process for responding to student behavior that threatens the safety, health, or well-being of any member of the university community, and behavior that is significantly disruptive to the University community or any member of the community.  

3.9.1 - VOLUNTARY LEAVE OF ABSENCE

Students in good standing (academic and disciplinary) who wish to leave the University temporarily for medical or other reasons must request a Leave of Absence from the appropriate Associate or Assistant Dean in the student’s College. (Exploratory students and Liberal Arts majors should contact the appropriate Dean within the College of Arts and Sciences.) Additionally, it is the student’s responsibility to contact Student Financial Services and the Office of Residence Life for additional information regarding a leave of absence. Depending on the reasons for taking leave, a student may be eligible for a partial tuition refund through Xavier’s tuition insurance program. 

  

Leaves of absence will be approved by the Associate or Assistant Dean in consultation with the Dean of Students on a case-by-case basis. The same Associate or Assistant Dean, in consultation with others on campus, may establish conditions for reenrollment to help ensure a student’s success upon return from a leave. 

3.9.2 - INVOLUNTARY LEAVE OF ABSENCE

3.9.2.1 - General Information 

  1. An involuntary leave is a process separate from the student conduct process.  A student may also be required to participate in the student conduct process for their behavior under the Student Code of Conduct. 
  2. In some circumstances, a student may be required to withdraw from classes. In those cases, students should follow the standard withdrawal processes as a condition of involuntary leave.  Additionally, a student who withdraws from classes may be eligible for a partial tuition refund through Xavier’s tuition insurance program. 
  3. If a student believes a disability impacts their ability to fully and effectively participate in the involuntary leave process, the student should immediately contact the Office of Disability Services and request an accommodation and inform the Dean of Students that an accommodation request has been made. 
  4. A student navigating the involuntary leave process has the right to be accompanied and assisted at any meetings by a current member of the Xavier community (student, faculty, or staff member). The advisor may not be an individual who has specialized legal training, including someone possessing a Juris Doctor degree, or other legal degree, even if such person is a member of the Xavier community and does not currently practice law. The advisor may not be the student's parent, even if the parent is a member of the Xavier community. 

3.9.2.2 - Process of Imposing Involuntary Leave 

The Dean of Students or designee will convene a committee of members of the University community to conduct a comprehensive individualized assessment of the student and the circumstances surrounding the need for involuntary leave. After conducting the assessment, the Committee will provide a written recommendation to the Dean of Students or designee as to whether an involuntary leave is warranted.  

  

3.9.2.2.1 – Committee Membership  
At the discretion of the Dean of Students or designee, the members of the committee may include representatives from the Division of Student Affairs (e.g. the Office of Student Integrity, Title IX, Health Services, and/or Counseling Services), the Xavier Action & Care Team, the Student Success Center, the Center for International Education, the Center for Faith and Justice, faculty, the Xavier University Police Department, and the appropriate academic Dean’s office. Members of the committee will be chosen based on experience, expertise, and knowledge of the individual student and/or the relevant circumstances. 
3.9.2.2.2 – Committee Resources 
At the discretion of the Committee, the review may include consultation with, or a medical and/or psychological evaluation of the student by, a qualified professional or other appropriate individuals from outside the Xavier community (e.g. a medical or psychological professional).  The Committee may request to meet directly with the student for consultation. 
  
3.9.2.2.3 – Considerations  
The Committee is to consider whether an involuntary leave is necessary to protect the safety, health, or well-being of any member of the University community. The Committee will also consider whether other support measures or a voluntary leave of absence would be adequate to respond to the circumstances. 
  
During the individualized assessment, the involvement of the Dean of Students will be limited to convening the Committee and providing procedural guidance to the Committee. The Dean of Students will not participate in the decision making of the Committee. 
  
3.9.2.2.3 – Student Notification and Opportunity to Present Evidence to Committee 
Once the Dean of Students or designee has appointed a Committee, the student will be notified in writing and will have an opportunity to submit information to the Committee during its investigation.  The Committee may request, or the student may choose to provide, counseling or other medical records for review. A student may choose to not provide these records even if requested by the Committee, and the Committee will not make any inference about what such records might contain. 
  
3.9.2.2.4 – Committee Decision 
The Committee will determine whether to place the student on an involuntary leave. The committee will inform the student in writing of the decision, along with a brief explanation of the decision. If an involuntary leave is imposed, the Registrar and appropriate academic dean will be notified. If a student is placed on involuntary leave, the student is expected to leave campus immediately, for the duration of the involuntary leave. 
  
3.9.2.2.5 – Appeal Process 
If an involuntary leave is imposed, it will be effective immediately. However, the student may submit, within two business days, a written appeal of the Committee's decision to the Associate Provost and Chief Student Affairs Officer (Associate Provost), who will review the written record only. The decision of the Committee will be affirmed by the Associate Provost if supported by substantial information appearing in the record of the case. The decision of the Associate Provost will be final. The conditions of involuntary leave still apply during the course of any appeal (for example, the student must remain off campus except as allowed for participation in the appeal process). 
  
3.9.2.2.6 – Conditions of Involuntary Leave 
The Committee will recommend to the Dean of Students or designee the duration of the leave and the conditions for the student’s re-enrollment at the University.  Unless expressly permitted by the Dean of Students in writing, students on leave under this policy are not permitted to be present on campus or engage in any University-related activities. 
  

3.9.3 - ADMINISTRATIVE SEPARATION

Under certain, limited circumstances described in this section, the Dean of Students or designee may place a student on administrative separation status, following an initial individualized assessment of a student in which the University determines in the exercise of its judgment that a student meets one or more of the following criteria: 

  

  1. The student presents a substantial risk of harm to, or endangers the safety, health, or well-being of, the University community or any member of the University community. 
  2. The student presents a substantial risk of significantly disrupting the University community or any member of the community. 
  3. The student has demonstrated a significant and/or persistent inability to meet the community expectations of independent living or academic engagement. 

  

3.9.3.1 – Administrative Separation Pending Individualized Assessment 
Upon recognizing a threat to the safety, health, or well-being of any member of the University community, and prior to a Committee’s review of the circumstances related to the imposition of an Involuntary Leave, the Dean of Students or designee may temporarily place a student on administrative separation status pending an individualized assessment. Administrative separation pending individualized assessment may include barring the student from being present on campus and from participating in any university-related activities until the investigation has been completed.  The conditions of administrative separation will be provided to the student in writing. If the Dean of Students or designee places a student on administrative separation pending an individualized assessment, the Committee’s review will conclude within five business days of the start of administrative separation. 

3.9.4 - RE-ENROLLMENT AFTER A LEAVE OF ABSENCE

When a student wishes to re-enroll after a voluntary or involuntary leave of absence, a written request must be made to the Dean who oversaw the implementation of the leave. 

In the case of an involuntary leave, the Dean of Students or designee will refer the request for re-enrollment to the individualized assessment Committee which will conduct a follow up assessment to determine whether the student has satisfied the conditions for re-enrollment and is eligible to re-enroll.  Such an assessment will include consultation with the student’s academic department and/or college and may include consultation with others on campus, as well as requiring a student to undergo an in-person assessment by a physician or other appropriate individuals as to readiness to return. The Committee will make a recommendation to the Dean of Students who will decide whether the student may re-enroll. The student may appeal this decision by the same process described above. 

After a decision has been made regarding the student’s eligibility to re-enroll, the Registrar’s Office will make a determination about the transferability of any credits earned at another institution during the student’s leave.