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2006-2007 Student Handbook - University of the Incarnate Word

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approve <strong>of</strong> <strong>the</strong> withdrawal and delay <strong>of</strong> <strong>the</strong> hearing. The accused student must comply with any and allcampus efforts at investigation that will not prejudice <strong>the</strong>ir defense in <strong>the</strong> criminal trial, and <strong>the</strong> accusedstudent must agree that in order to be re-instated to active student status, <strong>the</strong>y must first be subject to andfully cooperative with a campus hearing, and must comply with any sanctions that are administered.Section 4Special ProvisionsA. Attempted ViolationsIn most circumstances, <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> will treat attempts to commit any <strong>of</strong> <strong>the</strong>violations listed in <strong>the</strong> <strong>Student</strong> Code <strong>of</strong> Conduct as if those attempts had been completed.B. <strong>University</strong> as ComplainantAs necessary, <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> reserves <strong>the</strong> right to initiate a complaint, to serve ascomplainant, and to initiate conduct proceedings without a formal complaint by <strong>the</strong> victim <strong>of</strong>misconduct.C. False Reports<strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> will not tolerate intentional false reporting <strong>of</strong> incidents. It is aviolation <strong>of</strong> <strong>the</strong> <strong>Student</strong> Code <strong>of</strong> Conduct to make an intentionally false report <strong>of</strong> any policy violation,and it may also violate state criminal statutes and civil defamation laws.D. Group ViolationsWhen members <strong>of</strong> groups, individuals acting collusively, or members <strong>of</strong> an organization act in concertin violation <strong>of</strong> any policy, <strong>the</strong>y may be held accountable as a group, and a hearing may proceed against<strong>the</strong> group as joint accused students. In any such action, individual determinations as to responsibilitywill be made and sanctions will be proportionate to <strong>the</strong> involvement <strong>of</strong> each individual.E. Immunity for VictimsThe <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> community encourages <strong>the</strong> reporting <strong>of</strong> conduct code violationsand crimes by victims. Sometimes, victims are hesitant to report to university <strong>of</strong>ficials because <strong>the</strong>yfear that <strong>the</strong>y <strong>the</strong>mselves may be accused <strong>of</strong> policy violations, such as underage drinking at <strong>the</strong> time <strong>of</strong><strong>the</strong> incident. It is in <strong>the</strong> best interests <strong>of</strong> this community that as many victims as possible choose toreport to university <strong>of</strong>ficials. To encourage reporting, <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> pursues apolicy <strong>of</strong> <strong>of</strong>fering victims <strong>of</strong> crimes amnesty from policy violations related to <strong>the</strong> incident.F. Good SamaritanThe welfare <strong>of</strong> students in our community is <strong>of</strong> paramount importance. At times, students on and <strong>of</strong>fcampusmay need assistance. <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> encourages students to <strong>of</strong>fer help andassistance to o<strong>the</strong>rs in need. Sometimes, students are hesitant to <strong>of</strong>fer assistance to o<strong>the</strong>rs, for fear that<strong>the</strong>y may get <strong>the</strong>mselves in trouble (for example, as student who has been drinking underage migh<strong>the</strong>sitate to help take a sexual misconduct victim to <strong>the</strong> Campus Police). <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong><strong>Word</strong> pursues a policy <strong>of</strong> limited immunity for students who <strong>of</strong>fer help to o<strong>the</strong>rs in need. While policyviolations cannot be overlooked, <strong>the</strong> university will provide educational options, ra<strong>the</strong>r thanpunishment, to those who <strong>of</strong>fer <strong>the</strong>ir assistance to o<strong>the</strong>rs in need.G. Parental NotificationThe <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> reserves <strong>the</strong> right to notify parents/guardians <strong>of</strong> dependentstudents regarding any conduct situation, particularly alcohol and o<strong>the</strong>r drug violations. The universitymay also notify parents/guardians <strong>of</strong> non-dependent students who are under age 21 <strong>of</strong> alcohol and/ordrug policy violations. UIW will contact parents/guardians <strong>of</strong> students to inform <strong>the</strong>m <strong>of</strong> situations inwhich <strong>the</strong>re is a health and/or safety risk. UIW also reserves <strong>the</strong> right to designate which university49

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