School of Law Statement on Personal and Professional Responsibility

Members of the Law School community are expected to conduct themselves in ways that will reflect credit upon themselves, the School of Law, the University, and the legal profession. Students aspiring to the Bar are required to behave appropriately, to respect the rights and privileges of others, and to abide by the law and by the regulations of the University and the School of Law. State Bar associations place the burden on their applicants to prove the applicant has the necessary qualifications, fitness, trustworthiness, and good moral character required of an attorney, and the obligations associated with meeting this burden apply for the duration of the student’s time at the Law School.

Students whose conduct does not violate the Honor Code but nevertheless interferes with the academic environment, casts serious doubt on the judgment or maturity of a student, or subjects the School to reputational harm will be counseled by the Office of Career & Student Development. Where student conduct may threaten members of the Law School community, visitors, or school property, or seriously interfere with the educational mission of the Law School, the Office of Career & Student Development will investigate and, if necessary, impose outcomes on the offending student according to the Law School’s Student Personal and Professional Responsibility Policy.

Personal and Professional Responsibility Policy Contents:

Section 1: Definitions, Expectations, and Standards

This section defines key terms and standards in Elon Law’s Personal and Professional Responsibility Policy.

A. Definitions

The policies and procedures set forth in this Policy apply to all students enrolled at the Elon University School of Law, at both the Greensboro and Charlotte campuses. For purposes of clarity and efficiency, all references in this document to “Elon Law” refer specifically to the Elon University School of Law, and where applicable and relevant, more broadly to Elon University. References to “Elon University” or “the University” are inclusive of the Elon University School of Law.

B. General Expectations and Community Standards

The Elon Law Personal and Professional Responsibility Policy and Honor Code present the expectations of Elon University and Elon Law that individuals will act in a manner that is respectful of the rights and privileges of others. Every member of the Elon University community has the right to live and learn in a safe environment and an atmosphere of respect and support.

Responsibility for maintaining the standards of the community rests with each individual member. Only if every member assumes responsibility for personal and group integrity and civility will the community best meet the developmental needs of its members. Each person must examine, evaluate, and regulate their own behavior to be consistent with the expectations of the Elon community.

C. Relation to the Honor Code

Elon Law has two codes that govern student conduct: the Personal and Professional Responsibility Policy, set out in the Student Handbook and implemented by these provisions (collectively, the “Personal & Professional Responsibility policy,” “Policy,” or “PRP”) and the academic Honor Code (“Honor Code”). Although both codes include rules and expectations for appropriate conduct, the Honor Code primarily concerns academic issues, and the Personal & Professional Responsibility policy is concerned mainly with non-academic issues. Honor Code issues will be handled according to the process established for that code, while PRP issues will typically be handled by the Office of Career and Student Development, and/or the Dean(s) of the law school, in consultation and collaboration with other appropriate University offices and personnel.

Section 2: Scope of the Personal & Professional Responsibility Policy

Students at Elon Law are provided a copy of the Academic Catalog and Student Handbook, the Honor Code, and the Personal & Professional Responsibility policy annually in the form of a link on the Elon Law Registrar’s website. Students are responsible for reading and abiding by the provisions in all three documents.

Elon Law’s Honor Code and Personal & Professional Responsibility policy apply to both individual student and organizational behavior:

Occurring from the time of admission until the actual awarding of a degree (applying to behavior that occurs before classes begin or after classes end, as well as during periods between terms of enrollment unless a student has completed the process of withdrawal from the university);

  • In the classroom and at all locations and events on Elon University and Elon Law owned or leased property;
  • In locations and at events not occurring on campus, including those involving non-campus individuals and organizations;
  • In locations abroad, including involvement with all individuals and organizations; and
  • Via email, via text, online or through any other electronic medium.

Be aware that online postings such as blogs, web postings, chats, social networking sites, and social media/applications are in the public sphere and are not private. These postings can result in allegations of conduct violations if evidence of inappropriate behavior is posted electronically. Elon Law does not regularly search for this information but may act if such information is brought to the school’s attention.

The Personal & Professional Responsibility policy applies to guests of community members and hosts may be held accountable for the misconduct of their guests.

Elon Law retains conduct jurisdiction for any misconduct that occurs while someone is a student. If charged with a violation, a student may not be permitted to register for classes, withdraw from Elon Law, re-enroll (if withdrawn for medical or other reasons), graduate or participate in commencement exercises until there is a final resolution on the case. All applicable outcomes must be satisfied prior to any continued involvement with Elon Law and/or Elon University including the conferring of a degree.

There is no time limit on reporting violations of the Personal & Professional Responsibility policy; however, the longer someone waits to report an offense, the more difficult it becomes for Elon Law officials to obtain information and witness statements and to make determinations regarding alleged violations. Because proceedings for possible violations are to be conducted expeditiously, prompt reporting (within two weeks of the incident) is encouraged. Reports received 6 months or more after an incident will not likely be considered for adjudication except in the case of relationship violence or sexual misconduct. (See the TITLE IX AND SEXUAL MISCONDUCT section of this Policy for clarification on what is included in these categories.) Students will not be penalized or discriminated against in any way for reporting incidents, but any student who knowingly files a false or malicious complaint may be charged with a violation of the PRP or Honor Code.

Though anonymous complaints are permitted, doing so may limit Elon Law’s ability to investigate and respond to a complaint if the report cannot be validated. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Office of Career and Student Development and/or law enforcement, where appropriate.

A student’s Elon email account is Elon Law’s primary means of communication with students. Students are responsible for all communication delivered to their Elon email address, delivered to their campus box, or mailed to their permanent residence.

Students are responsible for knowing the information, policies, and procedures outlined in this document. Elon Law reserves the right to make changes to this Policy as necessary and once those changes are posted online, they are in effect. Students will be notified via Elon email of any changes during the academic year but are encouraged to check the Student Handbook and Academic Catalog online for the updated versions of all policies and procedures. Current versions of this policy, the Student Handbook and Academic Catalog, and the Elon Law Honor Code may be found under the Important Documents section of the Law Registrar’s web page.

Section 3: Authority

This section outlines the offices, administrators and authority under Elon Law’s Personal and Professional Responsibility Policy.

A. Authority

The Office of Career and Student Development is responsible for coordination of Elon Law’s Personal & Professional Responsibility Policy. This includes, but is not limited to:

  1. Promoting awareness of the Personal & Professional Responsibility Policy and related policies;
  2. Maintaining official records for all violations of the Personal & Professional Responsibility Policy;
  3. Providing a prompt, fair, and impartial process (from preliminary inquiry through final resolution); and
  4. Periodic review and update of the Personal & Professional Responsibility policy and violations of community standards.

B. Gatekeeping

No complaint will be forwarded for a hearing unless there is reasonable cause to believe a policy has been violated. The Assistant Dean of Career & Student Development will assume responsibility for the preliminary investigation of an allegation of misconduct to determine whether charges related to Personal & Professional Responsibility Policy violations shall be applied. Conduct action by Elon Law does not preclude the possibility of civil or criminal charges being placed against an individual nor does the filing of civil or criminal charges preclude action by Elon Law.

C. Educational Conversation or Informal Resolutions

While an incident may involve behaviors that do not reflect the values of the Personal & Professional Responsibility Policy, they may not necessarily violate the Personal & Professional Responsibility policy. In those cases, the Assistant Dean of Career & Student Development has the discretion to refer a complaint/report for an educational conversation or another informal resolution method.

D. Administrative Hearing Officers

Administrative hearing officers include the Assistant Dean of Career and Student Development and additional university staff members recommended by the Dean. They are typically drawn from University administrative staff. In cases involving sexual misconduct or relationship violence, an investigation team serves in the capacity of a hearing officer.

E. Contacts

For questions or concerns related to academic integrity and Honor Code policies and procedures please visit the Honor Code webpage.

For questions or concerns related to social policies and Personal & Professional Responsibility Policy policies and procedures:

Section 4: Commitment to Community

As a learning community, the Personal & Professional Responsibility policy and Honor Code combine to guide standards for behavior on the basis of shared values and principles.

A. Community Responsibility

Maintaining a vibrant learning environment that supports all members of our community requires students to make ethical decisions while taking personal and social responsibility for their actions. Each member of the Elon Law community bears responsibility for their conduct, reasonably holding others responsible for their actions, and refraining from actions that impair Elon Law’s purpose or its reputation. When a student’s behavior is not consistent with community standards, Elon Law will respond and hold a student accountable for violations of the PRP and Honor Code.

The honor council and student conduct process exist to protect the interests of the community, challenge those whose behavior is not aligned with community standards as reflected in school policies and hold them accountable for those actions. Outcomes are intended to challenge students’ moral and ethical decision-making and help them bring their behavior into accord with community expectations. When unable to live according to community expectations, the student conduct process may determine that students should no longer share in the privilege of participating in this community.

B. Alcohol and Drug Use

Elon University recognizes alcohol misuse negatively impacts the community, personal well-being, and academic achievement. Therefore, our position on alcohol is one of education and accountability. We expect students to make wise and healthy decisions about alcohol use, which includes the choice not to drink. Students whose behaviors diminish the success or safety of themselves or others will be held accountable.

The University’s Position Statement on Alcohol serves as a guide for programs and policies regarding alcohol. One set of programs are those that educate students about specific behaviors that promote their academic success and personal development, and safeguard the well-being of the community. Practicing the following behaviors will reduce students’ risks (academic, social, physical, legal, personal):

  • Choosing not to drink alcohol
  • Drinking alcohol only when you are of legal age
  • Deciding before you go out whether you will drink and, if you decide to drink, choosing not to exceed the amount of alcohol that is low-risk for you
  • Always knowing what you are drinking
  • Eating a full meal before drinking, not just salty food such as pretzels or chips
  • Never drinking shots to get a head start before attending an event
  • Having a plan of how you will get home safely

University policies regarding student substance use and/or possession may be located in the Elon Student Handbook.

Elon Law is committed to the intellectual and personal development of students. Substance misuse inhibits students’ development and is negatively correlated with academic success and personal safety.

Elon Law observes and strictly enforces all local, state, and federal laws related to possession, use, sale, manufacturing, or distribution of controlled or illegal substances. Sale, manufacturing, or distribution of illegal or controlled substances or for uses other than as intended creates a significant danger for the Elon University and School of Law community. Individuals who are involved in any drug-related violation are subject to criminal action, as the law school may report these individuals to the legal authorities. Students convicted of any offense involving the possession or sale of a controlled substance may also be deemed ineligible to receive financial aid and must report any such conviction to the law school and applicable bar jurisdictions.

Students are responsible for knowing, understanding, and following the university’s drug policies, as well as local, state, and federal laws.

Possession: Students are responsible for items located on their person, within their property (e.g., a backpack, car, etc.), and in their residence. Students will be held accountable for any alcohol, drugs, paraphernalia, or other prohibited items found to be in their possession.

C. Safety Policies

This subsection outlines details of safety policies followed by Elon University.

Innocent Bystander Policy

In order to hold responsible students accountable, while supporting those who are not violating policies, the Innocent Bystander policy may be enacted at the time alcohol policy violations are identified and/or no other code of conduct violations are present. In order to enact the Innocent Bystander policy, information must be included in the incident report that the student was not consuming and was not in possession of alcohol. Information that a student was not consuming may include a statement by the reporting authority that the student stated they were not drinking and had no physical indication of consumption, or via a breathalyzer/alco-sensor administered by a police officer.

Medical Safety Policy

Elon embraces students helping each other and holds student safety as a primary value. The Medical Safety Policy may be enacted for the following situations:

  • For a student receiving medical attention related to consumption of alcohol and other drugs, when either 1) the student has called for medical attention for self or 2) another person actively assisting the student calls for medical attention. This policy is intended to encourage early identification and intervention for potential medical emergencies.
  • A student receiving emergency medical attention/treatment related to alcohol or other drug use will not be referred to the student conduct process. Students are not exempt from charges for Fighting or Acts of Physical Aggression, Title IX and Sexual Misconduct, and certain other egregious violations as determined in the university’s discretion.
  • Subsequent incidents involving medical treatment/hospitalization related to substance use will likely result in additional university actions, including referral to the student conduct process under the Student Code of Conduct.
  • When an individual receives emergency medical attention related to their consumption of alcohol or drugs, the student will be required to meet with the Assistant Dean of Career & Student Development (or designee). The student will be required to complete a substance abuse assessment within a reasonable amount of time as determined by the Office of the Dean of Students (typically 24-72 hours) and participate in any recommended treatment and participate in additional educational requirements.
  • For students who seek medical assistance for another person whose health or safety appears to be in jeopardy due to the consumption of alcohol or other drugs. The assisting student(s) will not be referred to the student conduct process for related university alcohol or drug use policies. Students seeking medical assistance for others are not exempt from charges for Fighting or Acts of Physical Aggression, Title IX and Sexual Misconduct, Hazing, and certain other egregious violations as determined in the university’s discretion.
  • Students should call 911 for help. Students should NOT drive anyone in need of medical attention. Students with or observing a student “in danger” are expected to seek medical attention. If a student is with another student who may be in danger due to use of alcohol or other drugs and does not call for assistance, they may be referred to the student conduct process for allegations of “Behavior that Endangers the Health or Safety of Self and/or Others.”
  • If the consumption of alcohol or other drugs occurs at an event hosted by, sponsored by, or otherwise involving a student organization and a representative or member of the organization seeks medical attention for a student whose health or safety appears to be in jeopardy, neither the reporting student nor the student organization will be referred to the student conduct process for related university alcohol or drug policies. The student organization may be referred for other potential Code of Conduct violations. The organization members may be required to engage in educational activities to reduce future health/safety risks.
  • Students who voluntarily disclose prohibited personal use of alcohol or other drugs as they seek appropriate assistance or guidance related to assessment and treatment for substance misuse will not be referred to the student conduct process. The university will respond to such disclosures as a health condition and not a disciplinary matter. In some cases, students may be required to complete a substance abuse assessment and treatment or education recommendation in order to address health and safety risks. However, such disclosure will also not exonerate a student from responsibility associated with a reported incident.

This policy does not apply to situations where medical attention is sought following the arrival of a police officer, university security authority (including student staff serving in an authority role), or any university faculty or staff. Failure to complete the elements of the Medical Safety Policy will limit the student’s continued eligibility. If there is a subsequent hospitalization, the university will review the incident on a case-by-case basis and reserves the right to handle each situation as deemed necessary, and on a case-by-case basis.

D. Title IX and Sexual Misconduct

Elon University strives to provide a safe environment for the campus community and support the institution’s educational mission at all times. Elon University does not tolerate acts of sexual harassment, gender-based violence, sexual misconduct, and sex and/or gender-based discrimination. All members of our community are expected to conduct themselves in a manner that reflects personal integrity and a respect for others. Elon University recognizes the serious and negative impacts sexual and gender-based violence and harassment have on individuals and the university community. To that end, the university endeavors to eliminate and prevent them and address their effects. This policy outlines how the university receives, investigates, responds to, and resolves complaints of sexual harassment, interpersonal violence, sexual misconduct, and sex and/or gender-based discrimination as defined herein whether occurring on or off campus regardless of whether the respondent, as defined in this policy, is a student, faculty member, staff, or third party.

Students, staff, and faculty are strongly encouraged to report all instances of sexual harassment, interpersonal violence, sexual misconduct, and sex and/or gender-based discrimination to Elon University Campus Safety and Police or the Title IX Coordinator. Additional reporting choices, including a list of confidential options, can be found in Reporting and Resources. When an allegation of sexual misconduct and gender-based violence is brought to the attention of an appropriate university official, protective and other remedial measures will be used to reasonably ensure that such conduct ends, is not repeated, and the effects on the complainant and community are remedied, including outcomes when a respondent is found to have violated this policy.

The university and law school do not discriminate on the basis of age, race, color, creed, sex, national or ethnic origin, disability, sexual orientation, gender identity or veteran’s status in the recruitment and admission of students, the recruitment and employment of faculty and staff, or the operation of any of its programs. Consistent with this Notice of Non-Discrimination, the university and law school prohibit all forms of sexual harassment, interpersonal violence, sexual misconduct, and sex and/or gender-based discrimination committed against employees, students, or third parties, as well as retaliation.

For complete information, please visit Elon University’s resource page regarding Title IX and sexual misconduct policies and procedures.

Section 5: Policies

The Student Personal & Professional Responsibility policy supports the shared values and communal expectations that promote the development of the individual and the community. Policies listed below identify behaviors that are unwelcome in our community. This list is not exhaustive with respect to student conduct that might offend the Policy; this list is intended to give students notice of the kinds of acts and behaviors that the Law School will take action to remedy and prevent.

Procedures and rights in the student conduct process are conducted with fairness to all. Outcomes will be proportionate to the severity of the violation(s) and to the cumulative conduct history of the student. Multiple or egregious violations of policies may result in disciplinary suspension or permanent separation from Elon University and Elon Law.

A. Reporting Violations

Elon Law encourages community members to report to Elon Law officials all incidents that involve concerning behaviors. Any member of the Elon Law community can submit an incident report with the Office of Career and Student Development. The incident will be reviewed, and if disciplinary charges are warranted, it will be referred to the appropriate administrative hearing officer.

Policy violations:

Those who are aware of misconduct are encouraged to report it as quickly as possible via the online reporting form found at http://www.elon.edu/incident-report.

Bias-related incidents:

Elon University values and celebrates the diverse backgrounds, cultures, experiences and perspectives of our community members. By encouraging and celebrating these differences, we create an environment that promotes freedom of thought and academic excellence. Elon University denounces bias-related conduct as a violation of the University Honor Code and employee handbooks.

Bias-related incidents are intentional or unintentional events (language/expression, behaviors, and acts) motivated, in whole or in part, by identity-based bias or prejudice against a person or group. Identity-based biases are the inclinations or preferences that demonstrate harm, discrimination, or hate against a person or groups based on their association with any of (included but not limited to) Elon’s protected categories: race, ethnicity, national origin, faith tradition, gender, gender expression, sexual orientation, age/generation, disability, socio-economic status and, veteran’s status. These categories are examples and are not an exhaustive list of attributes or characteristics that may be considered identity-based Bias.

For instances of bias-related incidents and other identity-based biases, please submit the online Bias Incident Reporting Form as soon as possible. Please note that the processes carried out by the Office of Inclusive Excellence Education and Development (OIEED) differ from Student Conduct and Human Resources. Avenues of redress through the OIEED are voluntary and center the agency of marginalized individuals and populations.

When you submit a report, please include the following information:

  • the date the incident occurred
  • the location where the incident occurred
  • any involved parties
  • a detailed description of the incident/concern
  • any supporting documentation (ex. photos, video, email)
  • an indication of university follow up method or desired outcome

B. Character and Fitness

Every Elon Law student is expected to demonstrate that they possess the “qualifications of character and general fitness requisite for an attorney and counselor-at-law, and is possessed of good moral character and is entitled to the high regard and confidence of the public.” (North Carolina Board of Law Examiners Character & Fitness Guidelines).

The North Carolina Board of Law Examiners (NCBLE) sets forth clear guidelines pertaining to Character and Fitness, defining each as follows:

  • “The term ‘good moral character’ includes but is not limited to the qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary and personal responsibility and of the laws of North Carolina and of the United States and a respect for the rights and property of other persons.”
  • “The term ‘fitness’ includes but is not limited to, the mental or emotional stability of the applicant to practice law in North Carolina.”

Elon Law students are expected to “be persons whose record of conduct justifies the trust of clients, adversaries, courts and others with respect to the professional duties owed to them and whose record demonstrates the qualities of honesty, trustworthiness, diligence, responsibility and reliability.” Elon Law students are expected to amend their law school application anytime they fail to meet these expectations by completing the Elon Law Character & Fitness form. This form is available online under the “Forms” section of the Registrar’s Office webpage.

For a comprehensive explanation of the character and fitness expectations of the NCBLE, and by extension the expectations of Elon Law, see the NCBLE website.

C. Policies

Elon Law students should exemplify honesty, be trustworthy, fair, ethical, and respect the truth in all their dealings. They should be authentic, accept the consequences of their actions, and learn from their experiences. Conduct that violates these values includes, but is not limited to, the policies listed here and in the Honor Code. Outcomes for violations of these policies can be found in “Section 7: OUTCOMES”.

Complicity

Knowingly aiding, facilitating, promoting, or encouraging a Code of Conduct violation or crime by another person, or persons. Failing to report a crime as may be required by law.

Fraud/Lying

A statement, action, or representation that is false, misrepresents the truth, and/or is intended to deceive another. Examples include but are not limited to falsifying statements, records, forms, computer applications, cable television or telecommunications equipment; manufacturing, altering or falsifying an official identification card or possession and/or use of another person’s ID or a fake identification card; or presenting another person’s Phoenix Card, name or ID number for identification, meals or purchases, or allowing another person to use one’s Phoenix Card for fraudulent purposes.

Stealing and/or Possession of Lost or Stolen Property

Unauthorized taking of property from the possession of another person or the University or possessing property reported or known to be lost or stolen, regardless of the item’s place of origin. Examples include but are not limited to: taking another’s personal property; unauthorized possession of parking credentials; possession of traffic cones, signs, bricks, and/or other traffic materials; and unauthorized taking/consumption of food.

Unauthorized Entry or Access of University or Personal Property

Unauthorized entry or access to university or personal property, or misuse of access privileges to University or other facilities and resources. Examples include but are not limited to occupancy of university spaces when the university is closed, use of electronic devices or software (whether owned by the university or not) to obtain, or attempt to obtain private data; entering or opening a student’s private property without express consent; use of another person’s password or ID to attempt to gain access to personal information.

Arrest

Failure of any student to accurately report an off-campus arrest by any law enforcement agency for any crime to the Office of Career and Student Development within seventy-two (72) hours of release.

Behavior that Endangers the Health & Safety of Self and/or Others

Engaging in behavior that creates a risk of danger to oneself, others, or the university community. Examples include but are not limited to creating a disturbance that may lead to a dangerous situation; not calling for medical assistance when a fellow student is at risk due to alcohol or drugs; intentionally obstructing egress or exit of a room or building, failure to evacuate a building during a fire alarm; and being on the roof or unapproved balcony of any buildings.

Alcohol Policy

Alcohol-related behavior prohibited by the university Code of Conduct includes:

  • Possession and/or Consumption of Alcoholic Beverages by Students Under 21 Years of Age: Possessing and/or consuming alcoholic beverages, on- or off-campus, by a student less than 21 years of age. (At this level there may not be visible signs of intoxication.)
  • Provision and/or Distribution of Alcohol to Students Under 21 Years of Age: Purchasing, providing, or distributing alcohol to any individual below the age of 21 years.
  • Being Under the Influence of Alcoholic Beverages: Exhibiting signs of intoxication and/or experiencing any loss of the normal use of mental and/or physical faculties. Examples include, but are not limited to public intoxication, slurred speech, vomiting, stumbling or needing assistance walking, impaired motor coordination, aggression, or abusive behavior.
  • Extreme Intoxication: Exhibiting signs of significant and/or dangerous intoxication. Examples include, but are not limited to passing out, loss of consciousness or limited responsiveness, no withdrawal from painful stimuli, loss of bladder/bowel functions, excessive vomiting, or severe physical depression (slow or shallow breathing, pale or blue-tinged skin, or reduced heart rate).
  • Rapid Consumption of Alcohol or Actions that May Endanger the Well-being of Self or Others: Any form of rapid consumption of alcohol or participation in drinking games that may create a risk of danger to self, others, or the university community. Examples include but are not limited to bongs, shots, keg stands, beer pong, flip cup, and the like.
  • Public Possession and/or Consumption of Alcohol: Possessing or consuming alcoholic beverages on public or university property, except for events/locations formally approved.
  • Sponsorship of an Activity Involving the Unauthorized use of Alcoholic Beverages by Individuals or Organizations: Sponsoring of any activity or event involving the use of alcoholic beverages without specific university approval to do so, said sponsorship being carried out by an individual or organizations. Sponsorship may include, but is not limited to, organizing, promoting, providing a location, acquiring resources, or otherwise endorsing an activity or event.
  • Possession of a Keg, Common Alcohol Beverage Container or Excessive Amounts of Alcohol on University-Owned Property or by a Student Organization on or off the Campus: Possessing a keg or any common container of alcohol, including buckets, pony kegs and other bulk containers. This includes kegs and multi-serving containers that are empty.
  • Driving Under the Influence: Operating a motor vehicle during or following consumption of alcohol and/or other drugs that creates a risk of danger to self, others, the university or wider community.
Drug Policy

Drug-related conduct prohibited by the university Code of Conduct includes:

  • Use or Possession of Controlled, Illegal or Prohibited Substances: Possessing or using any controlled, prohibited, or illegal substances as stated in the Drug-Free Schools Act, including marijuana and medical marijuana, without a prescription from a licensed health care provider. Examples include, but are not limited to: possession or use of illegal substances; possession or use of prescription drugs without a valid/current medical prescription; Substances such as JWH-018 (K2, “Spice”), salvia and pyrovalerone derivatives (found in substances marketed as “bath salts”) are not intended for human consumption and are prohibited for possession or use by any Elon student.
  • Misuse: Using over-the-counter drugs or medically prescribed drugs in a manner not consistent with the prescription or directions for their usage, or huffing/sniffing any substance not intended for such use.
  • Manufacturing, Distribution or Sale of Prohibited, Controlled or Illegal Substances: Manufacturing, distributing, or selling of controlled or illegal substances or any substances prohibited by the Elon University Drug Policy (including sharing of prescription medication). This policy applies regardless of financial gain.
  • Possession of Drug Paraphernalia: Possessing and/or using drug paraphernalia. Examples include, but are not limited to roach clips, bongs, hookahs, blow tubes, papers, scales, grinders or any material or apparatus containing drug residue.
  • Driving Under the Influence: Operating a motor vehicle during or following consumption of alcohol and/or other drugs that creates a risk of danger to self, others, or the university community.
  • Being in the Presence of Drug Use, Possession or Sale: Being in the presence of the use, possession, or sale of prohibited, controlled or illegal substances.
Failure to Comply with the Directive of a University/Law School Official

Disobeying an instruction of a university official. Examples include but are not limited to failure to evacuate a building, campus, or area of campus when so ordered by a university official (including evacuating a building during a fire alarm); refusing to present an ID upon request; failure to comply with a reasonable request of a faculty or staff person; or failure to complete prescribed outcomes as given by an administrative hearing officer or hearing board. University officials include, but are not limited to student staff, faculty, administrators, security staff and building staff.

Bias-related Conduct

Conduct directed toward a person, or persons, that is intimidating or hostile in nature based on actual or perceived age, race, color, creed, religion, sex, national or ethnic origin, disability, sexual orientation, gender identity, or veteran’s status. Bias-related conduct may be in verbal, written, electronic, online, graphic, or physical form. The determination as to whether this policy has been violated considers the totality of the circumstances. This policy is not intended to undercut the free exchange of ideas even on sensitive topics, but rather to prohibit personal threats and hostile conduct motivated by bias. Use of classroom materials or instruction in any way that the university or law school deems may potentially lead to and/or is likely to result in harassment, abuse, hostile, or intimidating behavior of a faculty member, staff member, or student is a violation of this policy. Behavior based on an individual’s or group’s gender, sex, sexual orientation, gender identity will be addressed under the University’s Title IX and Sexual Misconduct Policy.

Note: Please visit The Division of Inclusive Excellence for more information on Diversity, Inclusion, and Global Engagement at Elon, the Inclusive Community Team, and bias reporting and response processes.

Bullying

Ongoing behavior directed at or about a person, or persons, that is degrading, humiliating, malicious or defamatory. Behaviors may occur in person, in print, via electronic means or through social networking (cyber-bullying). Examples include but are not limited to ongoing pranks or ridicule directed against an individual, graffiti, posting insults against a student in a public setting or on any chat or website.

Discrimination

Conduct that causes an individual to suffer an adverse academic, employment, or educational opportunity on the basis of a person’s actual or perceived age, race, color, creed, sex, national or ethnic origin, disability, sexual orientation, gender identity, or veteran’s status.

Fighting or Acts of Physical Aggression

An encounter with physical contact or aggression towards physical contact between two or more persons. Examples include but are not limited to actual or attempted pushing, hitting, kicking, spitting, wrestling, and pulling hair.

Harassment

Unwelcome behavior (including verbal, written, visual, virtual, or physical conduct) that is pervasive and/or persistent, that is objectively offensive or shows hostility against an individual/group/entity when such conduct has the purpose or effect of:

  • unreasonably interfering with an individual’s work or academic performance, and/or
  • creating an intimidating, hostile, humiliating, or offensive working, living, or learning environment.

Behavior that occurs during a class setting (including virtual/remote or requirements outside of the classroom) may result in temporary or permanent suspension from a class, pending the outcome of a hearing.

Retaliation

Any adverse action or threat of adverse action taken against an individual for reporting behavior that may be prohibited by law or policy, or for participating in an investigation, or resolution process related to an allegation of misconduct. Retaliation must be sufficiently severe or pervasive to create a work or academic environment that a reasonable person would consider intimidating, hostile, or abusive and that adversely affects the targeted individual’s/ student group’s educational, work, or living environment.

Title IX and Sexual Misconduct Policy

Acts of gender-based harassment, discrimination, or violence are strictly prohibited and will be addressed through Elon’s Title IX and Sexual Misconduct Policy. The prohibitions, processes, and policy can be viewed in its entirety at Elon’s Sexual Harassment Policy and Procedures webpage.

Threatening Behaviors

Any (direct, indirect, conditional, or veiled) expression of intent to cause physical or mental harm. Any communication of a threat is presumed to constitute a statement of intent without regard to whether the student communicating the threat has the present or future ability to carry out the threat.

Destruction or Defacing of Property

Destroying, damaging, or defacing personal, public, or university property. Examples include, but are not limited to defacing structures, bulletin boards, equipment and facilities; parking/driving on grass and sidewalks; grinding or rail sliding with skates or skateboards, and littering.

Disorderly Conduct

Creating a disturbance or engaging in objectively disruptive behavior. Examples include but are not limited to intentionally preventing others from listening or presenting their ideas in class; use of cell phones in classrooms or during campus events; excessive noise; public urination, defecation, or exposure (without sexual misconduct); horseplay, practical jokes; hiding from university officials or resisting police/security officers; and general annoyances. Offenses that occur in the classroom may result in temporary or permanent suspension from the class, pending the outcome of a hearing.

Fire Safety and Fire Setting/Arson

Violating local, state, federal or campus fire safety policies. Examples include, but are not limited to: improper use of University fire safety equipment; tampering with, covering or removing smoke detectors, fire alarms, fire extinguishers, exit signs, or other life safety equipment, as well as the breaking of pull station or fire extinguisher covers unless the situation warrants such action and/or causing a false fire alarm to be pulled; lighting or igniting any item inside of a university building (including candles, incense, tobacco products, etc.); fire setting – intentionally or recklessly starting a fire without authorization; and arson – setting fires with the intention of destroying property.

Smoking Policies and Tobacco Use

Elon University and Elon Law is a smoke-free campus with respect to all facilities, except outdoor areas. Smoking is not permitted within 30 feet of University Buildings. For purposes of this policy, smoking is defined as the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette or pipe of any kind, including vapor and electronic cigarettes.

This policy applies to:

  • Students;
  • Faculty and Staff;
  • Persons using vehicles owned or leased by the University;
  • Campus visitors including contractors, consultants, and temporary employees. Contractors are expected to designate smoking areas on their work sites, to be approved by the University; and
  • Employees of companies contracted to work at the University such as dining services, the bookstore, etc.

It is expected that individuals who smoke will show concern for the neatness of the area and put smoking-related waste in proper receptacles provided for that purpose. Personal safety measures should be followed at all times.

The success of this policy depends upon the consideration, and cooperation of both smokers and non-smokers. All members of the Elon University community share in the responsibility of adhering to and enforcing this policy.

All forms of tobacco and nicotine use carry health risks. More information about those risks is available at the Centers for Disease Control Website. Those who choose to use smokeless tobacco or other products are required to do so in a manner that may not infringe on the rights of others. Spitting into a receptacle of any kind, or onto any surface, while using smokeless tobacco is prohibited in and around all University and Elon Law buildings.

Firearms and/or Weapons

Possessing or using, whether openly or concealed, any weapon or ammunition. Firearms are strictly prohibited (even if the student has a concealed handgun license) while on university-owned property or at university-related events. Examples include but are not limited to the possession or use of any object as a weapon or in a threatening manner; guns, rifles, pistols, bullets, explosives, stun guns, BB guns, air soft guns, paint pellet guns, bow and arrows, sling shots, bowie knives, daggers, switch-blade knives, metallic knuckles, throwing stars, knives of more than six inches when opened and any other weapon of any kind.

Guest Behavior

Inviting or hosting a guest who engages in prohibited conduct. Students will be charged with violating this policy and all other policies their guest(s) violate, as if the student(s) violated the policies themselves. Non-student guests are also subject to criminal prosecution for violation of campus policies and state and federal laws. Guests with repeat or serious violations of campus policies may be permanently trespassed from campus and may be subject to criminal prosecution.

Laws of the Wider Society and Student Behavior at Off-Campus Sites

Off-campus behavior that violates any local, state, or federal law. All students are required to abide by the laws of local, state, and federal governments and may be subject to university action for failing to act in accordance with any local, state, or federal law, including City of Greensboro, Town of Elon, and City of Charlotte ordinances. Note: University action does not preclude the possibility of civil or criminal charges being placed against an individual nor does the filing of civil or criminal charges preclude action by the University.

Posting Policies for Flyers, Posters, or Signs
  • A current Elon Law student, recognized student organization, faculty, or staff member must sponsor all postings, including digital signage.
  • The name of the contact person/organization/department must appear on each item.
  • All items posted must include a contact telephone number and/or email address.
  • Flyers may only be posted on designated posting areas.
  • Flyers may NOT be posted on walls, windows, or exterior doors. In most situations, this is due to Fire Code or ADA requirements. (For designated posting areas, see the list below.)
  • Advertising may not include the mention or representation of drugs or alcoholic beverages. Examples include, but are not limited to, mention of happy hour, BYOB, drawings of kegs, beer mugs, liquor, etc.
  • Groups wishing to utilize digital signs may consult with the Office of Career & Student Development on the Greensboro campus, or the Elon Law Program Director on the Charlotte campus.
  • Non-university businesses or events can not advertise on bulletin boards or digital signs.
  • Postings should be displayed until the day after an event and/or for no longer than two weeks prior to an event, or that advertise other information.
  • Those responsible for posting flyers should also remove them within 24 hours of the event or within the two-week period for other postings.
  • Postings must abide by the Personal & Professional Responsibility Policy, the university’s non-discrimination policies, and all policies in the Student Handbook.
  • If university and/or law school policies are violated, a university or law school representative may remove the posting and forward information to the Office of Career & Student Development if appropriate. Repeat offenses may, at the minimum, result in a student or organization’s loss of posting privileges.
Spaces Approved for Advertising

The designated approved spaces are listed below. Please hang all postings with painters tape, magnets, or thumbtacks as appropriate.

Greensboro Campus

  • Cemala Commons: Moveable magnetic dry erase boards; flyers may be placed on individual tables
  • Locker area: Middle magnetic dry erase board
  • Jetton & Meredith Student Lounge: wall-mounted dry erase boards
  • Library: Please speak with library staff for information on appropriate posting areas.

Charlotte Campus

  • Magnetic dry erase board outside Ms. Butterworth’s office

Please do not post flyers on walls, windows or doors. This is against the fire code and the Americans with Disabilities Act (ADA), could result in a fine, and presents a safety hazard.

D. Student Rights

This subsection outlines the rights of students involved in alleged violations of the Personal and Professional Responsibilities Policy.

Students Charged with a Policy Violation

Related to the student conduct process, student respondents (those receiving notice of potential policy violations of the Code of Conduct) have specific rights. They are entitled to:

  • Have a written statement of the potential policy violations and charges.
  • Have written notice of the date, time, and place of the hearing. (See notification procedures outlined in Conduct Procedures for Social Policies).
  • Have the hearing/investigation decision postponed for good cause. (Request for postponement must be made no less than two days prior to the scheduled time of the hearing and must be made in writing to the Assistant Dean of Career & Student Development (or designee.)
  • Have an advisor from the Elon University community (currently enrolled student, faculty, or staff member).
  • Hear and respond to the information related to the potential policy violation(s) and charge(s).
  • Provide information on their own behalf.
  • Obtain witnesses on their own behalf.
  • Submit questions for the reporting party/witnesses present at honor board hearings.
  • Know the final decision of the hearing/investigation and provisions for any appeal process.

For more information about rights of Reporting and Responding parties in cases involving alleged sexual harassment, interpersonal violence, sexual misconduct, and sex and/or gender-based discrimination, see the Title IX and Sexual Misconduct Policy.

Rights of Parties Involved in Cases of Alleged Violations of Sexual Misconduct
  • Both the complainant and respondent are afforded rights within this policy, including:
  • Written statement of the allegations and charges.
  • Written notice of the date, time, and place of investigative interviews no less than two (2) business days prior to the interview.
  • Equal opportunity to access and present evidence to the Investigators.
  • Reasonable accommodation(s) as determined by Disabilities Resources.
  • Information regarding the status of a report and anticipated resolution timeline.
  • The ability to request that the investigation/interviews be postponed for good cause.
  • For Title IX matters, a request for postponement must be made no less than two (2) business days prior to the scheduled time of the hearing and must be made in writing to the Title IX Coordinator.
  • For Sexual Misconduct matters, a request for postponement can be made at any time prior to the final decision.
  • An advisor of their choosing.
  • The opportunity to receive and respond to the information related to the charge(s).
  • The opportunity to provide information on their own behalf.
  • The opportunity to provide witnesses on their own behalf.
  • Written, final outcome of the investigation, including level of responsibility for each policy violation, outcomes (if applicable), and information on the appeals process.

Section 6: Formal Procedures

The section outlines the formal procedures and processes followed by Elon University and Elon Law in upholding the Personal and Professional Responsibility Policy.

A. Overview of the Process

(Title IX Investigation and Adjudication Process and Procedures may be found here.)

Elon University and Elon Law is the convener of every action under this Personal & Professional Responsibility policy.

The Office of Career & Student Development views its role in the administration of the PRP as one that ensures fairness and provides an educational opportunity for student participants. This approach protects the campus community by providing a process and system of outcomes that are educational and hold students accountable for engaging in behavior prohibited by the PRP and Honor Code. Outcomes are disciplinary and educational actions assigned to encourage the growth and development of students and support the practice of responsible behavior in a community. This educational approach requires a need for students to reflect on their choices, understand the impact of their actions, commit to self-accountability, and respect the rights and privileges of others.

The basic philosophy and principles that guide the PRP are:

  • The student conduct process supports a learning experience that is most effective when it holds students accountable for behaviors prohibited by the PRP, contributes to the personal growth and holistic success of a student, and/or provides protections for the community of which they are a member.
  • The student conduct process responds expeditiously and thoroughly to behaviors potentially prohibited by the PRP. The student conduct process is transformative when students are given an opportunity to engage fully about the motivations, impacts, and potential remedies relating to their behavior.
  • The student conduct process is a fair, equitable, and consistent process that considers all available and credible information relevant to the case and provides an opportunity for all parties to share their experiences.
  • A spectrum of resolution models may be used to encourage actions and behaviors that support the values of the PRP.

University action through the PRP does not preclude the possibility of civil or criminal charges being placed against an individual nor does the filing of civil or criminal charges preclude action by the university. Additionally, action through the PRP does not preclude other actions or outcomes assigned by student organizations or other units of the institution (e.g., student employment, leadership positions, organization participation).

B. Amnesty for Students Reporting Threats or Acts of Violence and/or Hazing

(See the Title IX and Sexual Misconduct Policy for amnesty eligibility in cases related to sexual harassment, interpersonal violence, sexual misconduct, and sex and/or gender-based discrimination.)

Students reporting incidents of threats or acts of violence and/or hazing will not face Code of Conduct charges related to alcohol or drug use or possession during the reported incident.  Educational and supportive options will be explored, but no conduct proceedings or conduct record will result. Records regarding the provision of amnesty may be maintained.

C. Preponderance of the Evidence

Due to the educational nature of the student conduct system and the need to balance the rights and privileges of all members of the university community, decisions regarding responsibility for violating the Code of Conduct are based on “preponderance of evidence.” A preponderance of evidence exists when a reasonable person, after evaluating all credible information available at the time of the investigation, would conclude that it is “more likely than not” a violation has occurred. Elon University’s adjudication processes, unlike proceedings of a court of law, do not require the legal standard of “proof beyond a reasonable doubt.”

D. Process for Investigations of Alleged Violations of the Personal & Professional Responsibility Policy

The investigatory process and all applicable timelines commence with notice to an administrator of a potential violation of the Personal & Professional Responsibility policy. Violations that involve the following are normally referred to staff in the Office of Career & Student Development or the Office of Student Conduct:

  • All violations for which suspension is a possible outcome, including incidents where multiple violations have occurred and the composite recommended outcome would be suspension;
  • Incidents involving the use, possession, or sale of drugs and/or drug paraphernalia;
  • Setting fires or tampering with fire and/or life safety equipment;
  • Cases dealing with firearms or weapons on campus;
  • Incidents that do not occur on university or law school property, including study abroad or study away courses/experiences;
  • Incidents involving student organizations;
  • Sexual offenses;
  • Hazing;
  • Cases which involve civil or criminal action against a student;
  • Incidents involving students charged with violations that would be considered by the civil/criminal system to be a felony; or
  • Cases referred by any other University or Elon Law staff, faculty, or administrative hearing officer.

Reported Personal & Professional Responsibility policy violations occurring within ten or less days before Reading Day each trimester may be postponed until after final exams.

E. Student Conduct Process Advisors

Respondents and reporting parties may bring a currently enrolled student, faculty, or staff member from the Elon University community to serve as their advisor to any meeting that occurs as part of the conduct process.  This includes initial meetings, student conduct conferences, and formal hearings. Family members, attorneys or other legal counsel may not attend any meeting that occurs as part of the conduct process or serve as advisors. The role of the advisor is limited in scope. An advisor may not answer for, speak for, or represent their advisee. Advisors may consult with the student quietly, in writing, or outside the meeting. The university will make a reasonable effort to accommodate an advisor’s availability. The university reserves the right to proceed with any meeting, regardless of the availability of the advisor.

For information about the role of an advisor in cases involving alleged sexual harassment, interpersonal violence, sexual misconduct, and sex and/or gender-based discrimination, consult the Title IX and Sexual Misconduct Policy.

STEP 1: Preliminary Inquiry

The process begins with a preliminary review of the nature of the incident or report, the information available, and the parties involved. The hearing officer or investigator(s) take the following steps:

  • Conduct a review of available information and/or preliminary investigation to identify the nature and severity of the complaint, identify an initial list of potential policy violations, and understand the context of the incident(s),
  • Initiate any necessary interim administrative actions

The preliminary review may lead to:

  • Determination that there is insufficient evidence to pursue the investigation
  • Referral for an alternative resolution process (i.e., educational conversation or action plan, mediation, restorative conference/circle); or
  • Proceeding with the formal student conduct process by identifying potential policy violations and sending notification to the student(s) to meet for a student conduct conference.

While an incident may involve behaviors that do not reflect the values of Elon Law, they may not necessarily violate the Personal & Professional Responsibility policy. In those cases, the Assistant Dean for Career & Student Development has the discretion to refer a complaint/report for an educational conversation or another appropriate resolution method.

STEP 2: Student Conduct Conference

The student conduct conference is an opportunity for the hearing officer/investigator to gather information about the incident and students’ involvement prior to issuing formal charges or notice of a hearing. After the incident report is reviewed, the student is sent a notice indicating the information from the incident report, the list of potential policy violations and notice of student conduct conference. The student conduct conference is not a hearing.

At the student conduct conference, the hearing officer/investigator reviews the incident report, describes alleged policy violations and sanctions, and answers student questions regarding the student conduct process. The student is given an opportunity to respond to the report and provide information necessary to determine if and what policy violations may have occurred.

The student conduct conference notice provides a date, time, and location for the conference or directions for scheduling the conference. When there is more than one student involved in an incident, a group conference may be scheduled. Students may bring an advisor from the Elon University or Elon Law community (currently enrolled student, faculty, or staff member) to the conference. If the student does not attend the scheduled conference or contact the hearing officer/investigator within the timeline indicated in the notice, charges may be issued, and a hearing may be scheduled.

At the conclusion of the conference the appropriate course of action will be determined. The outcome of this conference may include:

  • A decision that there is insufficient information to proceed with charges
  • The student accepts responsibility for the alleged policy violations during the meeting, agrees to findings and sanctions, and waives the option for a formal hearing
  • A determination that additional investigation is needed
  • Issuing formal charges and scheduling an administrative hearing with the same hearing officer (students have at least three business days between the conference and hearing); or
  • Referring the case to another hearing officer or the honor board.

When additional investigation is needed, the hearing officer/investigator will talk with other involved parties with relevant information. Character statements and other information not relevant to the facts of the incident will not be considered for findings/sanctions.

All relevant information gathered in an investigation will be shared with the respondent (and reporting party as allowed by federal regulations) and presented to or used by the hearing officer when making decisions related to formal charges, findings of responsibility, and sanctions.

STEP 3: Administrative Hearing and Resolution

The hearing is the opportunity for students to hear and respond to all information related to alleged policy violations. Most hearings are conducted administratively with a hearing officer. (See the Title IX and Sexual Misconduct Policy for information on this process when the incident involves potential sexual misconduct violations.) During the process, the hearing officer asks questions regarding the incident and the responding student’s behavior related to the alleged policy violations. The hearing officer provides the responding student the opportunity to hear and respond to all relevant information gathered as part of the investigation and to present information or witnesses to the incident on their own behalf. If necessary, the hearing officer may postpone the conclusion of the hearing for a reasonable amount of time in order to gather additional information.

All hearings are restricted to those directly involved with the incident and those requested to be present by the institution. Respondents and reporting parties may bring an advisor from the Elon University or Elon Law community (currently enrolled student, faculty, or staff member) to the hearing. Family members, attorneys, or other legal counsel may not attend or serve as advisors in campus student conduct proceedings. Advisors may only counsel the student and may not actively participate in the hearings. The advisor may not make a presentation or represent the student during the hearing. They may confer quietly with their advisee, exchange notes, and suggest questions to their advisee.

Notice of the formal charges, the time, date, location of the hearing, and the name of the hearing officer will be provided in writing (unless waived by the student). If a student cannot attend the hearing, it is that student’s responsibility to notify the hearing officer no less than two (2) business days prior to the scheduled hearing to arrange for another date, time, and location. Except in cases of unforeseen circumstances, if the responding student fails to give the requisite minimum two (2) day notice, or if the responding student fails to appear, the hearing will proceed as scheduled.

If the responding student (or reporting party, when applicable) does not attend the scheduled hearing, the case is heard without the student present, and a decision is reached based on the information available.

The resolution will include a rendering of a “Responsible” or “Not Responsible” decision for each potential violation based on the preponderance of the evidence standard. If Responsible, the resolution will include applicable sanctions. The resolution may be communicated to the student at the conclusion of the hearing, in a separate meeting, or delivered in writing. In instances where there is a finding of responsibility and the typical sanction includes disciplinary suspension or permanent separation, the hearing officer will consult with the dean of students or designee prior to notifying the respondent of the resolution. In cases involving graduate students, the hearing officer may consult with the graduate school dean or designee to determine appropriate institutional sanctions

F. Process for Policies Related to Sexual Misconduct and Relationship Violence

This process applies when a student is alleged to have engaged in domestic/dating abusive behavior, indecent exposure, non-consensual sexual contact, non-consensual sexual intercourse, sexual exploitation, sexual harassment, and possibly stalking when acts are based on sex and/or gender. Please see Elon’s Title IX and Sexual Misconduct Policy for the process to report, investigate, and resolve such instances.

G. Process for Student Organization or other Student Group Cases

A registered student organization [“RSO”] and its officers and membership may be held collectively and individually responsible when the RSO or its members violate the Personal & Professional Responsibility policy.

Cases are managed by the Office of Career & Student Development or designee. After an initial review of a report, a notice identifying the basic incident in question and potential policy violations will be sent to the president of the organization or appropriate leader of the student organization. The hearing officer/investigator will meet with the president of the organization or appropriate leader, and other applicable organization members as part of the investigation. If the organization accepts responsibility for the alleged policy violations, the Assistant Dean for Career & Student Development or designee, in consultation with the dean, will make the final decision regarding sanctions. The organization representative is permitted to bring an advisor to any meetings throughout the process.

Upon receiving notice of an alleged violation by a RSO, the Office of Career & Student Development will conduct a preliminary assessment to determine if there is a reasonable basis for investigating the alleged violation(s). This initial assessment will include a review of the information reported. This may include but it’s not limited to:

  • Interview(s) with the person(s) who made the report
  • Review prior conduct history of the RSO and relevant members
  • Gather information relevant to whether it is more or less likely that the alleged violation(s) occurred
  • Review of any materials related to the report

If it is determined that the alleged violations warrant a more comprehensive investigation or response, the Assistant Dean for Career & Student Development or designee will notify the RSO in writing to outline the alleged violations, the resolution options based on alleged violations, and to schedule a conference (if applicable). This notification will also be sent to RSO Advisor(s), any relevant University departments, and if applicable, the RSO national/international governing body.

If the Assistant Dean for Career & Student Development or designee determines that no investigation is necessary and that no violation(s) occurred, the report is documented and administratively closed. The Assistant Dean for Career & Student Development or designee may, at their discretion, notify the RSO of the information received and that the matter is closed. In these cases, the Assistant Dean for Career & Student Development or designee may choose, at their discretion, to maintain the confidentiality of any reporting party(ies).

In an investigation, the investigator(s) may:

  • Make contact (if possible) with the individual(s) who submitted the initial information
  • Interview any individuals with relevant information
  • Request relevant information from RSO members and note whether RSO members were compliant in sharing requested information
  • Provide relevant information at any point during the investigation to the dean of the law school (or designee) related to interim measures
  • Require RSO members, or a select group of RSO members (I.e., all new members of the RSO) to participate in an interview and may restrict communication between RSO members during the interview (for example, sequestering RSO members in a room and prohibiting interview participants from using their cell phone or other devices during the interview/sequestration).

Students participating in a formal investigation process are expected to participate in an active, cooperative, and truthful manner. Failing to participate in any fashion, including failure to provide requested information or testimony, will result in the investigator(s) documenting these failures and may make any inferences based on these failures.

If the organization disputes or denies responsibility for the alleged policy violations, the Office of Career & Student Development will assemble an organizational hearing panel and issue formal charges. The Assistant Dean for Career & Student Development will convene the hearing and the panel’s recommendations for determination of findings and sanctions will be considered. The decision of the panel will be delivered to the organization in writing. In instances where there is a finding of responsibility and the recommended sanction may be disciplinary suspension or loss of recognized organization status, the convener will consult with the dean of the law school or designee prior to notifying the organization of the final decision and applicable sanctions of the hearing.

Following an organization hearing panel decision, the organization may request to appeal the decision on the following grounds: the discovery of new and substantial information relevant to the outcome of the decision; arbitrary or capricious sanction (beyond the guidelines as presented in this policy); and/or substantial violation of procedures. (See the Appeals section for more details on the grounds and process for requesting an appeal.) The written request for an appeal must be received by 5 p.m. on the seventh day after the initial decision is delivered. The appeal will be considered by the dean of the law school or designee if a conflict of interest exists.

Student organization resolutions and sanctions are not covered under the Family Educational Rights and Privacy Act (FERPA), and decisions and sanctions related to organizational investigations and resolutions may be released. When found responsible, resolutions for student groups may be made known to the campus and public, depending upon the relationship between findings of responsibility for individual students as well as the organization. If required sanctions are not completed by assigned due dates, additional policies may be reviewed and/or additional sanctions may be assigned.

H. Notification of Outcomes

The decision related to potential PRP violations is part of the education record of the responding student and is protected from release under the Family Educational Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or a non-forcible sex offense, the university may inform the reporting party of the final results of a hearing/investigation decision regardless of whether the university concludes that a violation was committed. Such release of information will include only the responding student’s name, the violation committed, and the outcomes assigned (if applicable). “Crimes of violence” include arson, assault offenses (including stalking), burglary, criminal homicide (manslaughter by negligence; murder and non-negligent manslaughter), destruction/damage/vandalism of property, kidnapping/abduction, robbery, and forcible sex offenses as defined by FERPA, 34 C.F.R. § Pt. 99, App. A.

I. Appeals and Appeal Boards

This subsection outlines the appeal process and governing boards.

Grounds for Appeal and Procedures

Any student wishing to appeal the decision of any hearing officer/board must submit a letter via e-mail or hand-delivery to the Assistant Dean of Career & Student Development by 5:00 p.m. on the seventh working day after the initial decision is rendered. Any exceptions are made at the discretion of the Assistant Dean of Career & Student Development (or designee).

Appeal requests are subject to the procedures outlined below. The written appeal must be clear, specific, and contain a detailed statement regarding the grounds for appeal. Appeals are not re-hearings, and they are not granted based on disagreement with the original decision. The primary basis for the appeal decision will be the written submission, but the appeal officer or board may consider other information relevant to the appeal request, including but not limited to outcome letters, the case file, written notes from investigators, student conduct hearing officers, and consultation with individuals involved in the original hearing and decision.

Appeals may be considered by an appeal officer or appeal board. Only appeals based on the following grounds will be considered:

New Facts

Discovery of substantial new facts that were not reasonably available at the time of the hearing and are material to the original finding. Withholding information or declining to participate in the original hearing is not grounds for an appeal based on the discovery of new facts. If the appeal is based on substantial new facts the request must outline the following:

  • Source of new information and complete explanation of that information;
  • Name(s) of who can present this information;
  • Reason(s) why this information was not presented at the original hearing; and
  • Reason(s) why this information may contribute to a decision other than that which was originally made.
Arbitrary and Capricious Sanctions

The sanctions may be changed only if they are substantially disproportionate to the conduct violation, considering any mitigating and aggravating factors, including but not limited to disciplinary history of the student found responsible and/or impact on individuals or the community. If the appeal is based on arbitrary or capricious sanction, the request must outline why the assigned sanctions do not fit the policy violation.

Procedural Violation

If it is believed there was a substantial violation of procedures that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures that could affect the outcome of the hearing, etc.), the appeal request must outline the following:

  • Citation of specific procedural errors with appropriate reference;
  • Reason(s) why procedural error was not mentioned in the original hearing; and
  • Reason(s) why correction of error can contribute to a decision other than that which was originally made.

The appeal officer/ board is limited in its deliberations to grounds for appeal listed above, using the information provided in the appeal. The individual or organization filing the appeal must demonstrate that the decision or sanction does not meet the standards and procedures set forth in this policy and meets the grounds for appeal.

After the submission of a request for an appeal, all sanctions imposed by the original hearing officer/ board remain in effect until a final decision is made and communicated to the student(s). (Exceptions to this policy are at the discretion of the dean, or designee).

Administrative Appeals

(For appeals of any social policy violations that result in a sanction less than disciplinary suspension or permanent separation.)

When original sanctions for social policy violations are less than disciplinary suspension or permanent separation from the university, the Assistant Dean of Career & Student Development or designee will serve as the appeal officer. In cases where the Assistant Dean of Career & Student Development was the hearing officer, the dean of the law school or designee will serve as the appeal officer. The appeal officer has the sole discretion to refer an appeal request to the Law School Appeal Board.

If the appeal is not timely or the appeal officer does not find grounds to change the decision or take other action, the original finding and sanction will stand, and the decision is final.

The appeal officer has the authority to:

  • Uphold the original decision;
  • Uphold the original decision but amend the sanctions (more or less severe);
  • Change the responsible/not responsible finding; or
  • Remand the case to the original hearing officer/board or another hearing officer/board.

The decision of the appeal officer is final.

Law School Appeal Board

(For appeals for social policy violations that result in sanctions of suspension or permanent separation but do not involve sexual misconduct violations.)

When the student has been found responsible for a social policy violation and the sanction includes disciplinary suspension or permanent separation, the Assistant Dean of Career & Student Development or designee will convene a board of the Law School Appeal Board to consider the appeal.

The Law School Appeal Board is comprised of the convener, a student member, and a faculty member. The board is drawn from the membership of the appeal board pool, with the following requirements to serve:

  • they did not serve on the board for the initial hearing;
  • there is no conflict of interest or bias;
  • they were not involved in the investigation in any way; and
  • they have been properly trained on the Personal & Professional Responsibility policy and appeals procedures.

The parties will be provided names of board members to address any potential conflicts of interest or bias. Potential board members will also be provided the name(s) of the responding student(s) and any reporting student(s) to address any potential conflicts of interest or bias, and board members who feel they cannot make an objective determination must recuse themselves. Should any party object to any board member, that party must raise all objections, in writing, to the convener immediately. Board members will only be replaced if the convener concludes that they have a conflict of interest or bias that may preclude an impartial review of the appeal.

If the appeal is not timely or the Law School Appeal Board does not reach consensus to find grounds to change the decision or take other action, the original finding and sanctions will stand, and the decision is final.

The Law School Appeal Board has the authority to:

  • Uphold the original decision;
  • Uphold the original decision but amend the sanctions (more or less severe);
  • Change the responsible/not responsible finding; or
  • Remand the case to the original hearing officer/board or another hearing officer/board.

The decision of the Law School Appeal Board is final.

Title IX and Sexual Misconduct Appeals

Appeals for cases involving Elon’s Title IX and Sexual Misconduct Policy will be addressed through the appeals process outlined in said policy. A full outline of the appeals process for this policy can be found here.

J. Disciplinary Records, Retention and Reporting

The Office of Career & Student Development maintains all student conduct files for matters involving Personal & Professional Responsibility policy violations. Files are maintained separate from academic transcripts but are considered educational records subject to the federal Family Educational Rights and Privacy Act (FERPA). The Office of Career & Student Development may disclose information related to student conduct records to Elon University officials with legitimate educational interests without prior consent from students. The University also may be required to disclose Student Conduct files when required by lawful court order or subpoena, regardless of the University policy on retention or reporting.

A student wishing to view their conduct file should contact the Office of Career & Student Development to specify the information they are requesting to review. Federal law requires that the requested information be made available for review, although in accordance with FERPA, certain information related to other students may be redacted.

All student conduct files are maintained as required by law and/or university policy (generally a minimum retention of seven years from the date of the incident). The university records retention policy may be found here. Information and directions for conduct records requests may be found here.

  • Disciplinary records for Personal & Professional Responsibility policy violations resulting in the sanction of Permanent Separation will be maintained indefinitely. With written consent from the student or as otherwise provided by law, a disciplinary record is externally reportable as long as it is maintained by Elon University.
  • Disciplinary records for Personal & Professional Responsibility policy violations resulting in the sanction of Disciplinary Suspension or Disciplinary Probation will be maintained for seven years. With written consent from the student or as otherwise provided by law, a disciplinary record is externally reportable as long as it is maintained by Elon University.
  • Disciplinary records for Personal & Professional Responsibility policy violations resulting in the sanction of Official Warning or Academic Censure will be maintained for seven years. These records are not reported externally as part of a disciplinary record.
  • Charges of Personal & Professional Responsibility policy violations or assigned sanctions that remain unresolved at the time a student leaves or withdraws from the University may be kept indefinitely and reported externally. Once resolved, these records are kept and maintained according to University policy.

Responses to a request for student disciplinary records may include a statement explaining the University’s policy regarding retention and reporting of disciplinary records.

As part of the application to the bar, individual state boards of law examiners may require a “Certificate of Dean of Law School” (or equivalent) for each graduate who applies to the bar. Every applicant to stand a state’s bar examination executes a waiver authorizing release to that state’s board of law examiners the information requested on the certificate, which includes student conduct records.

Section 7:  Outcomes

Any one or more of the following outcomes may be imposed upon any student for any single violation of the Personal & Professional Responsibility policy.

A. Good Standing

Within the University and Elon Law, students and student organizations are not considered to be in “good standing” while they are on disciplinary probation or a higher disciplinary status level and/or have outstanding outcomes.

B. Disciplinary Status Levels

When a student is found responsible for violating the Personal & Professional Responsibility policy, a disciplinary status is assigned. The options include the following:

Reprimand

Reprimand is the lowest level of warning assigned for minor violations of the Personal & Professional Responsibility policy. The reprimand is notification to the student that they have been found responsible for a violation and that any other violations of university and law school regulations for which the student is found responsible will result in more serious outcomes. A reprimand remains in effect for the duration of the student’s time at the Law School.

Official Warning

The official warning is notification to the student(s) that they have been found responsible for a Personal & Professional Responsibility policy violation and that any other violations will result in more serious outcomes. An official warning is assigned for behaviors considered to be mild in nature and outcome but could have negatively influenced/affected the community. An Official Warning remains in effect for the duration of the student’s time at the Law School.

Disciplinary Probation

A probationary status, imposed for a specific time period, during which a student is expected to show a positive change in behavior. Any violations occurring during the probation period will likely result in suspension in abeyance or disciplinary suspension.

Suspension in Abeyance

The outcome of disciplinary suspension was issued but deferred.  This unique status allows the student to continue with their daily university activities, but they are expected to immediately exhibit a marked improvement in behavior or face suspension from the law school. If the student does not meet all special stipulations associated with the suspension in abeyance or if they are found responsible of violating any other rule, regulation, policy, or law, they may be subject to disciplinary suspension from the law school.

See section 7.D. for institutional policies related to suspension in abeyance and a student’s ability to participate in Study Abroad/Away programs and student leadership positions.

Disciplinary Suspension

The removal of a student from the University and Elon Law for a specific period. The student may apply for readmission at the end of that time but will not be approved unless all other outcome deadlines have been met. It is expected that they will make every effort to rectify any previous misconduct by displaying irreproachable behavior in the future.

While a student is suspended, they may not return to the campus or participate in any programs or activities of the University and Elon Law without written permission from the Assistant Dean of Career & Student Development in consultation with the Dean of Elon Law. If the student returns to the campus without written permission during the suspension period, their eligibility to return to the University or Elon Law in the future may be jeopardized.

Suspended students will only be refunded tuition using the refund schedule outlined in the academic catalog. All other fees and charges are forfeited.

When the student returns to Elon Law, they will be on suspension in abeyance for one year from the return date. If they are found responsible of violating any other Personal & Professional Responsibility policy, they may receive an additional suspension or permanent separation from the University and Elon Law.

See section 7.D. for institutional policies related to disciplinary suspension and a student’s ability to participate in Study Abroad/Away programs and student leadership positions.

Permanent Separation

Permanent removal from the University and Elon Law. Students separated from the University will be refunded tuition only, using the refund schedule outlined in the Academic Catalog. All other fees and charges are forfeited.

If a student is permanently separated from the University and Elon Law, a notation will be made on the official transcript.

Students who are permanently separated from the University and Elon Law may not return to the campus or participate in any programs or activities of the University and Elon Law without written permission from the Assistant Dean of Career & Student Development in consultation with the Dean of Elon Law. If the student returns to the campus without written permission, they may face criminal charges for trespassing.

C. Denial of Certification to the Bar

As part of the application to the bar, individual state boards of law examiners may require a “Certificate of Dean of Law School” (or equivalent) for each graduate who applies to the bar. Every applicant to stand a state’s bar examination executes a waiver authorizing release to that state’s board of law examiners the information requested on the certificate, which includes student conduct records.  The references above to time limits on reporting and exemptions from reporting violations generally do not apply to the law school’s reporting requirements related to a student or graduate’s bar admission.  As noted above, there may be other situations where the law school is required by law to report certain violations, and to that extent, these time limits and exemptions on reporting do not apply.

D. Institutional Consequences for Suspension in Abeyance or Disciplinary Suspension

Students receiving the outcome of suspension in abeyance or disciplinary suspension lose the privilege of participating in Study Abroad and Study Away programs for one year (from date of incident). All deposits or payments will be forfeited without reimbursement. Students also lose the right to hold a leadership position for one year (from date of incident) for any student club/organization or university/law school program.

E. Additional Outcomes/Requirements

Alcohol and Other Drugs Outcome Framework:

When a student is found responsible for a violation, the hearing officer will assign a sanction. These sanctions are intended to facilitate growth and learning, to uphold Elon’s expectations for accountability based on our community standards, to begin to repair harms that may have resulted from the behavior, and to support the health and safety of all members of our community.  Law students should also be aware that violations involving alcohol or other drugs must be reported to the bar and may also require contact and involvement with the North Carolina Lawyers Assistance program.

Information regarding university sanctions for policy violations may be found at Elon’s Social Policies Sanction’s wepage.

Cease Contact Directive:

As a result of one or more significantly negative interactions, the cease contact directive is put in place for all involved parties. Each person is instructed to have no further contact with the other(s) including but not limited to speaking to them in person, through friends/acquaintances, via telephone or text message, via e-mail or any other form of social media, or in writing.   If any party violates this request to refrain from contact, it will result in a referral to the Office of Career & Student Development for a violation of the Personal & Professional Responsibility policy in addition to any other applicable University and Elon Law policies.  Any violation of this directive may result in immediate suspension (loss of all academic credits for the current trimester) with possible permanent separation from the University and Elon Law. A cease contact directive can be administratively assigned as an interim measure without assumption of responsibility for any violation.

Confiscation of Prohibited Property:

Items whose presence is in violation of University and Elon Law policy will be confiscated and will become the property of Elon Law. Prohibited items may be returned to the owner at the discretion of the Assistant Dean of Career & Student Development.

Mental Health Assessment:

Students may be required to complete a psychological or psychiatric assessment by a licensed mental health provider. Students must follow any treatment, additional assessment or referral recommendation resulting from the assessment and provide documentation of compliance. Students are responsible for any cost or fees associated with the assessment and treatment.

Drug Education Class:

Students found in violation of a drug-related policy may be assigned to complete a drug education class or program. The fee, if any, for these programs is the student’s responsibility and must be paid before the program begins.

Drug Testing:

Students are required to complete random drug tests during the period indicated in the hearing decision.  Students will be notified via University email and given directions for completing the drug test within one business day.  They are responsible for checking their email daily during this time period.  (Notifications will not be sent on holidays, weekends or during times when classes are not in session.) Testing is available at Ellington Health and Counseling Center, Urgent Care, or a site pre-approved by your hearing officer.  Off-campus tests must include a formal chain of custody, five-panel screening (or higher), and validity testing.  All costs associated with drug testing are the responsibility of the student.  Results must be mailed, faxed, or emailed from the testing site to the Assistant Dean of Career & Student Development.

Educational Project:

The hearing decision may include an educational project, task, or participation in a program/activity individually tailored to the specific violation and intended learning outcomes. Some examples of these outcomes include papers, book reports, online seminars, interviews, or program development and implementation. Assignments must be presented to and approved by the hearing officer or designee for the outcome to be considered complete. Students may be required to complete a follow-up meeting for this outcome to be considered complete.

Loss of Organization Recognition:

The student organization loses its official recognition for a given or indefinite period of time. If re-registration is allowed, the organization must comply with all other outcomes prior to being recognized again. While an organization is suspended, it may not use University or Elon Law resources unless otherwise stated in the hearing decision. When a student organization fails to complete outcomes assigned with a responsible conduct violation, this outcome may be assigned as a consequence of that compliance failure.

Restitution:

Reimbursement for damage caused to the University’s, Elon Law’s, or any person’s property. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.

Restorative Actions:

Student(s) are required to engage in actions that attempt to make amends for the negative impact of a violation and repair the harm that resulted from the misconduct. These actions may include activities such as letters of apology, drafting and implementing a plan of resolution, engaging in restorative justice conferences, or developing plans for reintegration.

Substance Abuse Assessment:

Students found responsible for alcohol- or drug-related violations may be required to complete an assessment by a certified substance abuse counselor/provider.  Students may meet with a member of the Ellington Center staff for assistance in a referral to a certified provider. Students must follow any treatment or referral recommendations that result from the assessment and forward appropriate additional documentation to the Office of Career & Student Development. Students are responsible for any cost associated with the assessment and treatment.

Suspension or Restriction of Privileges:

An individual student or student organization may lose specified privileges for a designated period of time. The student or organization is barred from or limited in engaging in, participating in, hosting, or sponsoring social events (formal or informal) or other non-academic activities. The purpose of this outcome is to allow students/organizations the opportunity to create socially responsible habits/environments that are sustainable and demonstrate the ability to abide by community standards and expectations. The exact parameters may vary based on the specifics of the incident and will be specified in writing.

Other Outcomes:

Additional or alternate outcomes may be created and designed as deemed appropriate to the offense with the approval of the Assistant Dean of Career & Student Development or designee.

F. Outcomes for Registered Student Organizations

The following sanctions may be imposed upon groups or organizations found to have engaged in prohibited conduct to create a developmental action plan:

  1. A disciplinary status level;
  2. One or more of the additional requirements or restrictions listed previously; and/or
  3. Loss of recognition or loss of privileges (including status as a recognized student organization) for a specified period of time, until sanctions are complete, or indefinitely.
  4. An organization fine or education program fee, and/or
  5. An alternate sanction as identified to align with the violation(s).

G. Failure to Complete Conduct Outcomes

All students, as members of the University and Elon Law community, are expected to comply with conduct outcomes within the timeframe specified in the hearing decision. Students or organizations who do not complete outcomes by the assigned due date, whether by refusal, neglect, or any other reason, may be charged with an additional Personal & Professional Responsibility policy violation, receive additional or more serious outcomes, and/or be withdrawn from Elon Law. (In the case of an organization, being “withdrawn” is equated with loss of Elon Law recognition as a registered student organization.)

To re-enroll or regain recognition as an organization, a student/group must have satisfactorily completed all (including any additionally assigned) conduct outcomes. This determination will be made by the Assistant Dean of Career & Student Development (or designee).

Students who graduate with outstanding outcomes may be considered “not in good standing” with the University and Elon Law and restricted from returning to campus until the required conditions are met.

Section 8: Withdrawal from the University

Alleged violations of federal, state, and local laws may be investigated and addressed under the Personal & Professional Responsibility policy. When an offense occurs over which the University and Elon Law has authority, the Elon Law conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.

A. Interim Suspension

In extreme cases, prompt and decisive action may be required before there is an opportunity to conduct a hearing, as in cases in which a student’s continued presence on campus impedes the orderly functioning of Elon Law or constitutes an immediate threat to the well-being or property of members of the Elon Law community. The President, Provost/Vice President for Academic Affairs, Vice President for Student Life, Vice President for Business, Finance and Technology, Dean of Elon Law, or persons functioning under their direct authority, may carry out that immediate directive. In some cases, the student may be given restricted access to the campus without being involuntarily withdrawn pending the outcome of the hearing.

Students shall have a prompt meeting with the Assistant Dean of Career & Student Development (or designee) to review the behavior that forms the basis for the student’s suspension. This meeting may resolve the allegation or may be held to determine if the interim suspension should be continued.

B. Withdrawal in Lieu of a Hearing

Under certain conditions, the Assistant Dean of Career & Student Development (or designee) may allow a student charged with violating the Personal & Professional Responsibility policy to withdraw from Elon Law rather than face a student conduct hearing. A student must request such an option in writing, stipulate that the petition is voluntary, and acknowledge awareness that they will not be eligible to re-apply or return to Elon University or Elon Law in the future.  If the request is approved, the individual may not be present on any Elon campus, or participate in any Elon Law, or student sponsored events or activities on or off the campus. Should the student request that their conduct history be shared with another college or university (as is often required when a student attempts to enroll in another college or university), the law school will indicate that they withdrew in lieu of a hearing and may include the outstanding charges.

C. Withdrawal Pending a Hearing

Students accused of some crimes or serious Personal & Professional Responsibility policy violations may request to take a leave from Elon University and Elon Law. In such situations, the student must request such an option in writing, stipulate that the petition is voluntary, and acknowledge awareness that they must meet the following conditions:

  • Comply with all campus investigative efforts (including a hearing if required by the Office of Career & Student Development);
  • Comply with all interim actions and/or restrictions imposed during the leave of absence; and
  • Complete the hearing/decision process before they may be considered for readmission to the University or Elon Law. Individuals found responsible for Personal & Professional Responsibility policy violations must complete outcome requirements before being readmitted and may be required to meet other conditions to continue enrollment.

Until the hearing/decision process is complete, the student may not be present on any Elon campus, stay in campus owned or operated housing, or participate in any University, Elon Law, or student sponsored events or activities on or off the campus. Should the student request that their conduct history be shared with another college or university (as is often required when a student attempts to enroll in another college or university), the law school will indicate that they withdrew pending a hearing and may list the outstanding charges.