Section 2: Jurisdiction

1: Values     2:  Jurisdiction    3:  Law Violations   4:  Rules   5:  Conduct Process Overview   6:  Conduct Authority   7:  Formal Conduct Procedures


Students at Marian University are provided a copy of the Code of Student Conduct annually in the form of a link on the University website. Hard copies are available upon request from the Office of Student Conduct. Students are responsible for having read and abiding by the provisions of the Code of Student Conduct.

The Code of Student Conduct and the student conduct process apply to the conduct of individual students, both undergraduate and graduate, including distance and satellite campus learners and all university-affiliated student organizations. For the purposes of student conduct, Marian 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 in Marian.

The University retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any misconduct that occurred prior to the leave, withdrawal or graduation. If sanctioned, a hold may be placed on the student's ability to re-enroll and/or obtain official transcripts and/or graduate and all sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the University may invoke these procedures and should the former student be found responsible, the University may revoke that student's degree.

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.[1] A substantial University interest is defined to include:

  • Any situation where it appears that the student's conduct may present a danger or threat to the health or safety of him/herself or others; and/or
  • Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
  • Any situation that is detrimental to the educational mission and/or interests of the University;
     

The Code of Student Conduct may be applied to behavior conducted online, via email or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The University does not regularly search for this information but may take action if and when such information is brought to the attention of University officials. However, most online speech by students not involving Marian networks or technology will be protected as free expression and not subject to this Code, with two notable exceptions:

  • A true threat, defined as "a threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individuals";
  • Speech posted online about the University or its community members that causes a significant on-campus disruption.

The Code of Student Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. The Code may also be applied to resident non-students, campers and high school bridge/extension/partner/dual-credit and continuing education programs by contractual agreements. Visitors to and guests of University may seek resolution of violations of the Code of Student Conduct committed against them by members of Marian community.

There is no time limit on reporting violations of the Code of Student Conduct; however, the longer someone waits to report an offense, the harder it becomes for Marian officials to obtain information and witness statements and make determinations regarding alleged violations.

Though anonymous complaints are permitted, doing so may limit the University's ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Office of Student Life and/or to Campus Safety and Security.

A responding student facing an alleged violation of the Code of Student Conduct is not permitted to withdraw from the Marian University until all allegations are resolved[2].

Marian email is the university's primary means of communication with students. Students are responsible for all communication delivered to their Marian email address.

[1] Adapted, with gratitude, from Penn State University.

[2] Many students are simply electing to withdraw once notified that they are facing an accusation. Withdrawal, like admission, requires an administrative action. A student can request a withdrawal for any number of reasons, which can then be administratively approved or denied. In this approach, a request would be denied until the conduct complaint is resolved, if a complaint is pending at the time of the withdrawal request. Yes, a student may effectively withdraw themselves by dropping out, but must go through the process to change their status officially. This approach resolves the challenge of proceeding with the conduct process after a student withdraws themselves, because technically, an institution cannot sanction a non-student (which is what a student is after they withdraw). Once the process is complete, if the student is sanctioned, the student must complete the sanctions before becoming eligible to re-enroll, if at all. A hold on withdrawal can be placed accordingly until then.