2006-2007 Student Handbook - University of the Incarnate Word

employees have a legitimate need to know about individual conduct complaints pursuant to the FamilyEducational Rights and Privacy Act, and will share information accordingly.H. Notification of OutcomesThe outcome of a campus hearing is part of the educational record of the accused student, and isprotected from release under a federal law, FERPA. However, UIW observes the legal exceptions toFERPA as follows:1. Complainants in non-consensual sexual contact/intercourse incidents have an absolute right to beinformed of the outcome and sanctions of the hearing, in writing, without condition orlimitation.2. Complainants in sexual exploitation/sexual harassment complaints have a right to be informed ofinformation regarding sanctions that personally identifies and is directly pertinent to them, suchas the imposition of a restriction on physical contact between the complainant and the accusedstudent. Otherwise, information on the outcome and sanction cannot be shared.3. Students who bring any sort of sexual misconduct complaint against faculty or staff may beinformed of the outcome and sanction, because FERPA does not apply.4. The university may publicly release the name, nature of the violation and the sanction for anystudent who is found in violation of a university policy that is a “crime of violence,” including:arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction, damage, orvandalism of property and kidnapping or abduction. The university may release thisinformation to the complainant in any of these offenses regardless of the outcome.Complainants are cautioned that FERPA does not permit them to re-release this information toothers unless the accused student is found in violation.I. DefensesIt has become common for students accused of policy violations to try to defend their actions withexcuses, such as prescription drug interactions, self-defense, disabilities, etc. The university’s policyon defenses is clear. Defending your actions with an excuse is admitting to a policy violation. “Yes,we fought, but he started it.” This still means you had a fight, and that violates our rules. You mayhave taken someone’s property under the influence of an anti-depressant, but you still took someoneelse’s property. While your defense will not excuse your actions, UIW will take the legitimacy of yourexcuse into consideration in addressing the proper sanction. For example, if you were not theaggressor in a fight, you will still be sanctioned, but your sanction may be lesser than the sanction ofthe person who started the fight.Section 5Student Code of Conduct: The PolicyA. Definitions1. The term “the University” means University of the Incarnate Word.2. The term “student” includes all persons who have accepted admission, enrolled at and/or are takingcourses at the university, full or part-time, undergraduate, graduate or non-matriculated.3. The term “faculty member” means any person hired by the university to conduct instructionalactivities.4. The term “university official” includes any person employed by the university, performingadministrative or professional supervisory responsibilities.5. The term “member of the university community” includes any person who is employed by,volunteering for or attending the university as student, faculty, administrator, staff, intern or volunteer.50