General Provisions

A. Administrative Action: Upon receipt of information alleging violations of the Student Code of Conduct, the Resolution Center may subject a student to Administrative Action if it is determined that failure to do so presents an unreasonable danger to any person or property or serious disruption of University life. Administrative Action may include Interim Restriction or Interim Suspension. Administrative Action does not replace the regular student conduct resolution process, which shall proceed as detailed in this code.

B. Amendment: The University reserves the right to amend the Student Code of Conduct at any time. Any amendment will be dated and becomes effective fifteen (15) days after it is published in the electronic version of the Student Code of Conduct unless specific factors (e.g., change in laws or related policy, public health emergency, or other emergency) demand an immediate effective date.

C. Communication/Contact Expectations Directives: The University expects students to manage interpersonal conflicts in a mature, adult like manner. Students are expected to use healthy, safe, and appropriate means to resolve and/or navigate interpersonal conflicts. In situations involving conflicts between students that appear to rise to the level of more serious inappropriate behavior, the University may issue a Communication/Contact Expectation Directive to one or both parties involved in the situation. This directive is used to help students navigate their educational experience. The directive may prohibit one or more persons from having contact with one another or third persons involved in a conflict. The directive may be issued as an interim measure or as a part of the University’s conduct process as a contact restriction. When used as an interim measure, this directive is not open to a review process. This request is supported by the Resolution Center as a reasonable request of a University Official in the performance of their duties. As such, it is a requirement under the Student Code of Conduct that students comply with such a directive. It should be noted that a University Communication/Contact Expectation Directive is not the same thing as a court order, commonly referred to as a restraining or protective order.

D. Complaints: (Note: This section applies to all complaints of misconduct except those made pursuant to the University’s Harassment and Discrimination Policy. Please consult that policy for reporting options, support resources, and a description of the investigative process.)

Any person may file a complaint of misconduct against any current student. As used in this code, a complaint includes reports submitted to the Resolution Center containing information which could constitute a violation of the Student Code of Conduct. Regardless of by whom a complaint is made, all complaints alleging violation of one or more University policies shall be made in writing and shall be submitted to the Resolution Center. Complaints must be submitted to the Resolution Center within one year of the date upon which the complainant is aware or should reasonably have been aware of the alleged violation.

E. Coordination with Law Enforcement: The University's Student Code of Conduct does not operate within a criminal or civil judicial system.
The University's goals, use of terms, procedures, definitions of prohibited conduct, and potential sanctions are separate and distinct from the public legal system. All Gonzaga community members are strongly encouraged to report conduct that may constitute a criminal offense to law enforcement authorities in addition to making a complaint to the University under the Student Code of Conduct.

The existence of an investigation by law enforcement authorities shall not necessarily delay implementation of the Student Code of Conduct process. The University has a continuing obligation to maintain a safe and secure educational environment for its students, regardless of whether a case is prosecuted criminally or whether they are substantiated in the criminal justice system. University proceedings may be carried out prior to, simultaneously with, or following criminal or civil proceedings.

F. Coordination with other University Departments: Certain types of complaints may be handled by other University departments. A particular case may be transferred between departments at the discretion of the Resolution Center.

G. Jurisdiction: Conduct by a student that occurs on a University premises, in Study Abroad programs, and/or at on or off-campus University events, programs or activities. When off-campus conduct adversely affects the University and/or the pursuit of the University’s mission, goals and objectives, the University may implement student conduct procedures described in the Student Code of Conduct.

H. Official University Communication with Students: E-mail is an official form of communication at Gonzaga University. The University will assign all students an official University e-mail address to which the University will send all official e-mail communications. Students should frequently check their University-issued e-mail account and read messages in a timely manner. Other forms of communication the University may use to contact students include MSC mailbox and local and other contact information listed with the Registrar’s Office.

I. Polygraph Evidence: The results of any polygraph test are not allowed as evidence in any conduct process undertaken pursuant to the Student Code of Conduct.

J. Preponderance of Evidence: Determinations of responsibility for violations will be made based on a preponderance of evidence standard, that is whether the alleged violation is “more likely than not” to have occurred.

K. Records: The Resolution Center is the custodian of student conduct records. These records usually include complaints, findings of responsibility and any sanctions issued. Students should be aware that information maintained in their disciplinary file or other University record may be requested by entities outside the University. Such requests include employment background checks, military or civilian clearances for sensitive information, graduate or other college admissions processes, professional licenses and certifications, and court orders. The University follows the guidance of FERPA and other applicable privacy laws in responding to these requests, and maintains records in compliance with applicable law and University policy. Note: For records relating to any complaint, investigation, and conduct action made pursuant to the University’s Harassment and Discrimination Policy the Title IX Coordinator will serve as the custodian of records.

L. Withdrawal from School with Pending Complaint: If a student withdraws from their academic coursework or leaves the University with unresolved Student Code of Conduct allegations, a hold will be placed on the student’s record.

The University will note in the student’s record the nature of the allegation and the fact that the student withdrew or left the University prior to resolution. The student will not be able to return to the University without resolving the alleged violation(s).

The University reserves the right to resolve allegations after a student withdraws or leaves the University.

Last updated: 8/18/20