Appendices
Appendices
Appendix A (Prohibited Actions for Code of Conduct Policies)
Below please find additional information regarding policies contained within the Code of Conduct section of this Student Guide to University Policies
Academic Honesty
Behaviors which would demonstrate disrespect for academic integrity include, but are not limited to:
- Cheating
- Cheating is an act or an attempted act of deception by which a student seeks to misrepresent that they have mastered information that has not been mastered.
- Cheating includes, but is not limited to:
- Copying all or any portion of another’s academic work and submitting it, in part or in its entirety, as one’s own;
- Allowing another person to copy one’s own academic work - whether intentionally or unintentionally;
- The unauthorized use or possession of a class textbook, notes, or any other written material to complete an academic work;
- The unauthorized use of electronic instruments - such as computers, cell phones, smart watches, translators or personal response systems (clickers) – or generative artificial intelligence platforms to complete an academic work;
- The unauthorized collaboration with any other person to complete any academic work, in any mode (i.e. in-person, online, take-home); or
- The unauthorized completion for another person of an academic work, or permitting someone else to complete an academic work for oneself, including through the use of clickers, Poll Everywhere or Canvas quizzes.
- Fabrication
- Fabrication is the use of invented information or the falsification of research or other findings.
- Fabrication includes, but is not limited to:
- The false citation or acknowledgment of a direct or secondary source, including the incorrect documentation of a source;
- The citation, in a bibliography or other list of references, of sources that were not used to prepare the academic work;
- The inclusion in an academic work of falsified, invented, or fictitious data or information, or the deliberate and knowing concealment or distortion of the true nature, origin, or function of such data or information; or
- The unauthorized submission of an academic work prepared totally or in part by another; or
- The submission of fabricated or altered documentation in support of an excusal from class, postponement or extension of a due date or a change of grade.
- Plagiarism
- Plagiarism is the inclusion of someone else’s words, ideas, images, or data as one’s own. When a student submits academic work that includes another’s words, ideas, images, or data, whether published or unpublished, the source of that information must be acknowledged with complete and accurate references and, if verbatim statements are included, with quotation marks as well. By submitting work as one's own, a student certifies the originality of all material not otherwise acknowledged.
- Plagiarism includes, but is not limited to:
- The quotation or other use of another person’s words, ideas, opinions, thoughts, or theories (even if paraphrased into one’s own words) without acknowledgment of the source; or
- The quotation or other use of facts, statistics, or other data or materials (including images) that are not clearly common knowledge without acknowledgment of the source.
- All material used must comply with the University’s Copyright and Fair Use in Instruction Policy.
- Academic Misconduct
- Academic misconduct is any other act that disrupts the educational process or provides a student with an academic advantage over another student.
- Academic misconduct includes, but is not limited to:
- The unauthorized possession, copying, distribution, sale, or other transfer of all or any part of an academic exercise, or the answers or solutions to an academic exercise, whether or not the exercise has been administered;
- Changing, altering, attempting to change or alter, or assisting another in changing or altering any grade or other academic record, including grades or records contained in a grade book or computer file, that is received for or in any way attributed to academic work;
- Entering any University building, facility, office, or other property, or accessing any computer file or other University record or storage for the purpose of obtaining the answers or solutions to an academic exercise or to change a grade;
- Continuing to work on an academic exercise after the specified allotted time has elapsed;
- Bribing another person to obtain an academic exercise, including answers to questions of an unadministered academic exercise;
- Failing to adhere to standards of professional behavior established by a faculty member, academic program or college in conjunction with an academic course; or
- Posting of notes, study guides, exams, answer keys or any other materials from a class (whether the student is enrolled in the class or not) on the Internet, whether or not for a fee, without express permission from the faculty member; or
- Re-submitting any work in its entirety, which was completed or graded in another class (either at the University or another institution).
Any violation of this standard must be reported to Community Standards & Conflict Resolution. The faculty member, in consultation with a representative from Community Standards & Conflict Resolution, will decide under which option the incident is best filed and what specific academic penalty should be applied.
Alcohol
- The University prohibits alcohol intoxication (regardless of age); the unauthorized possession, use, manufacture, sale, or distribution of alcohol; and driving while impaired due to alcohol use. Use of alcohol must comply with the University’s Alcohol Consumption on Campus Policy.
- Behaviors which would demonstrate disrespect for self by misusing alcohol include, but are not limited to:
- The possession, use, manufacture, sale, or distribution of alcohol by anyone under the legal age to do so; legal age shall be determined based on laws in place for the specific location in which the behavior occurs;
- The possession, use, manufacture, sale, or distribution of alcohol in any University building, facility, or property; possession or use may only occur in the confines of a student’s own residence hall room if the student is over the legal age to do so;
- The possession of beer kegs in any University building, facility, or property;
- The possession or use of any apparatus, including but not limited to beer pong tables and beer funnels, used to facilitate the rapid consumption of alcohol or drinking games; or
- A violation of any University policy or procedure concerning the use of alcohol or enacted to monitor or control the use of alcohol; or
- A violation of any applicable law of the State of Delaware or City of Newark, Delaware relating to alcohol (including, but not limited to, possession of an open container of alcohol, public intoxication and underage entry into a liquor store).
- Use of Alcohol On-Campus
- Alcohol in University Housing
- A resident who is under the age of 21 is prohibited from consuming or possessing alcohol anywhere, including the resident’s room.
- The possession or use of alcohol by a student 21 years of age or older is subject to the following limitations and conditions:
- Alcohol may only be consumed in an individual sleeping room whose assigned resident is 21 years of age or older.
- Alcohol is prohibited in any public spaces within a University housing unit. This includes, but is not limited to, common living rooms, lounges, kitchens and laundry rooms.
- Alcohol is prohibited in any outdoor space connected to a University housing unit (i.e. balcony or patio.)
- A guest may only possess or consume alcohol if the guest is at least 21 years of age and is visiting a resident’s room where at least one of the assigned residents is also of legal drinking age and is present. (i.e., if a double-occupancy room is occupied by two students under the age of 21, possession or use of alcohol is not permitted for anyone, including guests, in that residential living space. However, if one of the residents is at least 21 years of age, that student must be present to allow the possession or use of alcohol by guests who are at least 21 years of age).
- The student’s (or a guest’s) possession or use of alcohol shall not infringe upon the privacy, peace, or enjoyment of other students or guests in the University housing unit.
- A residence hall student has a duty to know if there is or has been unauthorized use or possession of alcohol in their assigned space. Therefore, the responsibility to establish lack of knowledge shall be on the resident in cases where the resident claims no knowledge of such use.
- Student Organizations
- No student organization that hosts, organizes, conducts, or participates in an on-campus function or event sponsored or sanctioned by the University shall serve alcohol or permit the possession, use, consumption, manufacture, sale, or distribution of alcohol except as provided in the Alcohol Consumption on Campus Policy.
- No alcoholic beverages shall be distributed, served, or sold at a function or event on-campus without the explicit, prior approval of the Director of the University Student Centers (or designee).
- Outside functions or events involving the use of alcohol are not permitted on campus.
- Alcohol at the University Football Stadium
- The unauthorized possession, use, consumption, manufacture, sale, or distribution of alcohol in the University football stadium and in parking areas surrounding the stadium is prohibited. Beer kegs and any alcohol-related games, activities or apparatus (such as a beer pong table, ice slides, beer funnels, etc.) are prohibited at all times.
- Individuals are not permitted to possess any open container containing alcohol or consume any alcohol in stadium parking areas while the football game is in progress or on any day other than those on which a home football game takes place.
- Alcohol in University Housing
- Use of Alcohol Off-Campus
- The University accepts no responsibility for the possession, use, manufacture, sale, or distribution of alcoholic beverages by students off-campus, including at events or functions sponsored in whole or in part by one or more student organizations or individuals.
- A student hosting or attending an off-campus function should be aware of the applicable laws regarding alcohol and should be aware that the University may also pursue student conduct charges for such behavior.
Disruptive Conduct
Behaviors which would demonstrate disrespect for community include, but are not limited to:
- Committing or threatening to commit any act of physical violence. This includes, but is not limited to, hitting, kicking, scratching, punching, shaking, slapping, burning or restraining;
- Threatening the health, safety, or welfare of another;
- Interfering with the freedom of movement of another;
- Invading the privacy of another;
- Interfering with the right of another to enter, use, or leave any University building, facility, property, service, resource, or activity;
- Interfering with a faculty member or University official in the performance of their duty;
- Interfering with the freedoms of speech, religion, or association of another;
- Trespassing or the unauthorized entering or accessing of any University building, facility, property, service, resource, or activity or any location with the jurisdictional boundaries of the student conduct process;
- Making, exhibiting, or producing any inappropriate, loud, or disruptive noise or behavior;
- Acting recklessly or in a manner that causes a disruption to the orderly function or operation of the University;
- Exhibiting public nudity or lewd behavior; or
- Urinating or defecating in any area of University buildings, facilities, or property other than restrooms;
- Publicly disclosing (typically online) any personally identifiable information or photos of a particular person without permission, with the intent of harassing, intimidating or causing physical, emotional, financial or reputation harm to the person (commonly referred to as “doxing”); or
- Retaliation against any other person.
Drugs
- Definitions
- The term "drugs” broadly includes, but is not limited to, any stimulant, intoxicant (other than alcohol), nervous system depressant, hallucinogen, or other chemical substance, compound, or combination when used to induce an altered state, including any otherwise lawfully available product used for any purpose other than its intended use.
- The term “drug paraphernalia” broadly includes any material, product, instrument, or item used to create, manufacture, distribute, use, or otherwise manipulate any drug and includes, but is not limited to, hookahs, grinders, vaporizers, hypodermic needles and syringes.
- While the possession and use of cannabis for medical purposes is legal under Delaware law, the manufacture, possession, distribution, dispensing and use of cannabis remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of cannabis (even for medical purposes) continues to be prohibited while a student is on University-owned or University-controlled property, and/or at any function hosted, authorized or supervised by the college regardless of where held.
- Any use of drugs must comply with the Drug Free Schools and Communities Act.
- Behaviors which would demonstrate disrespect for self by misusing drugs include, but are not limited to:
- The possession, use, manufacture, sale, or distribution of any illegal drug, drug paraphernalia, prescription or prescription drug not prescribed to the student; legality of a drug or drug paraphernalia shall be determined based on laws in place for the specific location in which the behavior occurs.
- The transfer, delivery or manufacture or intent to transfer, deliver, or manufacture any drug or drug paraphernalia;
- The possession of a prescription or prescription drug not issued to the student;
- The misuse, sale, delivery or transfer of a prescription or prescription drug;
- Driving while impaired by any drug, whether it be legal or illegal; or
- A violation of any applicable local, state or federal law relating to drugs or drug paraphernalia.
Endangering Campus or Community Safety
Behaviors which would demonstrate disrespect for safety include, but are not limited to:
- Creating an unsafe condition or environment which could cause harm to the campus or surrounding community or any of its members;
- Acting in a manner that endangers or reasonably could endanger the health, safety or welfare of the campus or surrounding community or any of its members; or
- Instigating, participating or otherwise encouraging others to engage in a fight, riot or other disruption.
Failure to Comply
Behaviors which would demonstrate disrespect for self include, but are not limited to:
- Failing to comply with the directive of any University official or faculty member, including any sanction applied by Community Standards & Conflict Resolution;
- Failing to comply with the terms of any policy, procedure or agreement, including the University’s Housing and Dining Agreements, University Student Centers policies, Fraternity and Sorority Leadership and Learning policies, Facilities policies or any other agreement between a student and a University official or department;
- Failing to comply with any applicable local, state or federal law or law enforcement officer; or
- Failing to advise the University of any off-campus criminal arrest or conviction.
False Information
Behaviors which would demonstrate disrespect for integrity include, but are not limited to:
- Making a false or misleading oral or written statement to any University official or faculty member (including, but not limited to, application for admission, financial aid, residency classification or participation in any special programs sponsored by the University) when the student knew or should have known the statement was false;
- Making a false or misleading oral or written statement at any point of the student conduct process or any other process used to address student behavior;
- Making a false or misleading oral or written statement that misrepresents the character, qualifications, or reputation of another;
- Falsely reporting a safety hazard (including but not limited to, a fire, explosive or incendiary device) by any means including by activating an emergency phone on campus when no emergency actually exists;
- Falsely reporting a crime or violation of this Code of Conduct or any other University policy;
- Possessing or displaying any form of false identification or any identification not one’s own;
- Assuming or attempting to assume the identity of another person; or
- Forgery.
Fire Safety
Behaviors which would demonstrate disrespect for safety include, but are not limited to:
- Setting or causing a fire;
- Tampering with, misusing or damaging fire or safety equipment, such as fire alarms, heat sensors, smoke detectors, fire extinguishers or hoses;
- Blocking or otherwise preventing the use of a fire exit, including hallways, windows, doors and stairwells;
- Failing to immediately exit any University facility or building when a fire alarm has been activated, or hindering or impairing the orderly evacuation of any University building or facility; or
- Disobeying the command of any University official or faculty member in connection with a fire, alarm or other safety or security measure.
Hazing
- Definitions
- Hazing, as defined in the Delaware Code, Title 14, Chapter 93, is “any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition for continued membership in, any organization operating under the sanction of or recognized as an organization by an institution of higher learning.”
- For purposes of this definition, any activity as described in this definition upon which the admission or initiation into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding.
- For purposes of this definition, the term “organization” shall be interpreted in the broadest sense and could mean, for example, a particular section of a residence hall, a particular program or informal club or gathering of students.
- Behaviors which would demonstrate disrespect for integrity include, but are not limited to:
- Any brutality of a physical nature, such as:
- Whipping;
- Beating;
- Branding;
- Forced calisthenics;
- Exposure to the elements;
- Forced consumption of any food, liquor, drug or other substance; or
- Any other forced physical activity which could adversely affect the physical health and safety of the individual
- Any activity which would subject the individual to extreme mental stress, such as
- Sleep deprivation;
- Forced exclusion from social contact;
- Forced conduct which could result in embarrassment;
- Any other forced activity which could adversely affect the mental health or dignity of the individual; or
- Any willful destruction or removal of public or private property.
- Any brutality of a physical nature, such as:
Misuse of Materials, Services, or Property
Behaviors which would demonstrate disrespect for community include, but are not limited to:
- Destroying, damaging or misusing, whether permanently or temporarily, any property belonging to another;
- Destroying, damaging, misusing, reproducing, altering or defacing any student identification card, University-provided key or access card, residence hall key or access card, laboratory equipment, emergency phone, athletic equipment, or any material issued or owned by the University;
- Destroying, damaging or defacing, whether permanently or temporarily, any University building, facility or property;
- Impairing or otherwise hindering another’s use of a University material, service, or property;
- Reading, duplicating, removing, photographing, forging, counterfeiting, or altering any University document or record without authorization;
- Littering on or in any University property, facility, or building; or
- Engaging in conduct, including but not limited to skateboarding or rollerblading on steps, railings, bannisters or curbing, that may result in damage or destruction to any University building, facility or property.
Responsible Computing
- Behaviors which would demonstrate disrespect for community include, but are not limited to:
- Using any University computer, facility, equipment, software, network, or other resource, including e-mail:
- for any activity other than that for which access or use was assigned or authorized;
- for commercial use;
- without authorization;
- to commit or attempt to commit any other violation of this Code of Conduct; or
- to commit or attempt to commit any act prohibited under applicable federal, state, or local laws.
- Disrupting, hindering, or damaging the service, use, or ability of others to access or use any University computer, facility, equipment, software, network, or other resource, including e-mail; or
- Damaging, destroying, misusing, or otherwise harming any University computer, facility, equipment, software, network, or other resource, including e-mail.
- Using any University computer, facility, equipment, software, network, or other resource, including e-mail:
Student Organizations
- Behaviors which would demonstrate disrespect for community include, but are not limited to:
- Violating, permitting its members or their guests to violate or failing to prevent, where such prevention was possible, the University policies or any applicable local, state, or federal law;
- Violating, permitting its members or their guests to violate or failing to prevent, where such prevention was possible, the violation of any contract or other agreement between the student organization and the University; or
- Committing any act in violation of any University policy, procedure or agreement, including the University's Housing and Dining Agreements, University Student Centers policies, Fraternity and Sorority Leadership and Learning policies or any other agreement between a student organization and a University official and department, as well as rules promulgated by the appropriate University official and any other rules made applicable to student organizations.
- Application of Policy
- Any violation of this Code of Conduct by one or more members of a student organization may constitute a violation by the organization itself. When those administering the student conduct process conclude that there is sufficient connection between the acts of individual students and an organization to which they belong, sanctions may be applied on the organization as well as any offending member. Conversely, when an organization has been found responsible for a Code of Conduct violation, those administering the Student Conduct process may apply sanctions on some or all members of that organization depending upon the degree of general participation in the violation.
- Membership
- Membership in a student organization may not be restricted on the basis of race, color, national origin, sex, disability, religion, age, marital status, veteran status, gender identity or expression, sexual orientation or other characteristic protected by law, except for any fraternity or sorority whose national organization requires it to be single-gender, and then only when such group demonstrates that it will not discriminate on any other basis.
- A student may not frustrate the University’s suspension of a student organization by joining, becoming a member of, or in any way assisting or participating in a student organization that is currently on suspension from the University.
Theft
- Behaviors which would demonstrate disrespect for integrity include, but are not limited to:
- The unauthorized taking, misappropriation, possession, retention, or disposal of any property owned or maintained by the University, another student, a person attending a University sponsored event, or any other person; or
- The unauthorized taking or use of any University owned or contracted service.
- Possession of Lost or Misplaced Items
- Any lost or misplaced item that is found should immediately be turned in to the proper University office. For instance, items found in the library should be taken to the library’s circulation desk. An item found anywhere else on campus should be taken to the University of Delaware Police Department.
- Inquiries concerning lost books, articles of clothing, or identification cards should be directed to the Lost and Found section of the Department of Public Safety.
Violations of Law
- Notification of Criminal Arrest
- A student is responsible for notifying the University of any off-campus criminal arrest or conviction.
- When the University is informed of the arrest or conviction of a student, notice will be sent to the student requiring that they make an appointment with Community Standards & Conflict Resolution. During this interview, the facts involved in the student’s arrest, the student’s obligation to keep the University informed of the progress of the criminal charges, and the student’s obligation to advise the University of the final disposition of the criminal charge(s) will be discussed with the student.
- Temporary Separation When Certain Charges are Pending
- The University may temporarily separate any student when certain charges are pending against that student, subject to the procedures set forth in the Administrative Actions section of this Student Guide.
- Specifically, temporary separation may be mandated where the crime involves an act of violence, the sale, manufacture or delivery of drugs or any other conduct that is egregiously offensive to the University’s mission.
Weapons and Dangerous Instruments
- Possession or use of any weapon must comply with the University’s Possession and Use of Firearms on University Property Policy.
- Behaviors which would demonstrate disrespect or safety include, but are not limited to, the possession, use or threat of use of any of the following items:
- Any deadly weapon, defined as any instrument, item, or material readily capable of causing death or serious physical injury;
- Any firearm (including any weapon or instrument from which a shot, projectile, or other object may be discharged by force, whether operable or inoperable, loaded or unloaded) or ammunition;
- Any BB gun, pellet gun, air rifle, paint gun, or any toy gun which, based on color, design or appearance, would be considered by a reasonable person to be an actual firearm;
- Any sword (whether decorative or not), or other martial arts weapon;
- Any knife (other than an ordinary pocketknife carried in a closed position, with a blade of three inches or less or cutlery of a reasonable size, when used in a kitchen or other food preparation area); or
- Any explosive chemical or device including a substance or a combination of substances possessed or prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including fireworks and illegal or potentially dangerous chemicals.
- Possession of a license to possess or use any of the above items shall not constitute a defense of any violation of this section.
- This policy does not prohibit use of any chemical or instrument when expressly authorized for the pursuit of the academic mission of the University and used in an authorized manner consistent with that academic mission. Questions concerning authorized chemicals and instruments should be addressed to the University of Delaware Police Department or Environmental Health and Safety.
- This policy does not prohibit the possession or use of a firearm, knife or other object off campus, provided it is in accordance with local, state or federal laws regulating such possession and use.
Appendix B (Appellate Board Operation)
Operations of the Appellate Board
- Jurisdiction
The Appellate Board has sole appellate jurisdiction over cases managed by Community Standards & Conflict Resolution as well as cases managed by the Office of Equity and Inclusion in which the respondent is a student. - Appellate Board Pool
The Appellate Board pool shall be composed of undergraduate students, staff and faculty. Members of this pool will be eligible to serve on a panel after receiving appropriate training provided by Community Standards & Conflict Resolution. - Appellate Board Panel
A panel consists of four members, as follows:- Three voting members - one undergraduate student, one staff and one faculty; and
- One non-voting chair, who must have served as a case resolution manager for at least one year or a voting member for at least three years.
- Selection of Appellate Board Members
- Nomination
- Any member of the University community may self-nominate oneself for membership. For undergraduate students, this is accomplished by completing an application. For staff and faculty, this is accomplished by contacting Community Standards & Conflict Resolution to express interest.
- Community Standards & Conflict Resolution may also contact the Student Government Association, the Resident Student Association and appropriate departments or individuals (for students), the Office of the Vice President for Student Life (for staff) and the Faculty Senate (for faculty) to solicit interested parties.
- Selection
- Students
- After completing an application, students will be screened to ensure they meet the following requirements:
- Matriculated as an undergraduate student;
- Minimum cumulative GPA of 2.2; and
- No current active sanctions
- Students who meet these requirements will participate in an interview process. Community Standards & Conflict Resolution staff will select members based on this process.
- After completing an application, students will be screened to ensure they meet the following requirements:
- Faculty and staff
- After expressing their interest, faculty and staff may be asked to meet with Community Standards & Conflict Resolution to discuss their interest and learn of time commitment and responsibilities.
- Community Standards & Conflict Resolution will then decide if selecting the staff or faculty is appropriate.
- The decision Community Standards & Conflict Resolution to select or decline any applicant shall be final.
- Students
- Nomination
- Term of Office
- Students may remain in the pool until they graduate from the University, provided they maintain a minimum cumulative GPA of 2.2 and do not violate any University policies.
- If a student does not maintain the minimum GPA, membership will be suspended temporarily until the student’s GPA meets or exceeds that minimum. At that point, the student will be immediately eligible to serve.
- If a student is found responsible for violating any University policies and receives a status sanction other than a Disciplinary Warning, membership will be terminated. Once these sanctions are no longer active, the student may request, in writing, to be re-instated in the pool. If granted, the student would be eligible to serve at the start of the next term, or earlier, if deemed appropriate by the Director of Community Standards & Conflict Resolution (or designee).
- Staff and faculty shall remain in the pool until they request to be removed, or are asked to end their service by the Director of Community Standards & Conflict Resolution (or designee).
- Students may remain in the pool until they graduate from the University, provided they maintain a minimum cumulative GPA of 2.2 and do not violate any University policies.
- Responsibilities
Each member shall have the following responsibilities:- To make attendance to all training sessions and Board meetings a priority. Frequent absences are grounds for removal;
- To maintain objectivity and impartiality. A member must disqualify oneself from participating in Board activity when the member feels objectivity cannot be maintained;
- To maintain confidentiality. The nature and status of any student conduct situation may be discussed only with other members and those directly responsible for the administration of the student conduct process; and
- To notify Community Standards & Conflict Resolution staff if any person attempts to influence a case or decision before the member.
- Removal of Appellate Board Members
- Any member may be removed for cause. A person may request a member’s removal by contacting the Director of Community Standards & Conflict Resolution. The written request must include specific facts supporting the removal.
- If Community Standards & Conflict Resolution determines that the allegation is supported by information, the member shall be informed. A meeting will be held to discuss the recommendation for removal and the accused member’s response.
- If it is determined that the member has violated any of the responsibilities above, the Director of Community Standards & Conflict Resolution (or designee) shall make the final determination concerning removal or any other appropriate action.
Community Standards & Conflict Resolution is part of the Division of Student Life, which advances equity and inclusion, deepens student learning and drives holistic development through education, experiences and communities.