Honor Code Of American Jewish University

I. PREAMBLE

As an educational institution fundamentally concerned with the free exchange of ideas, American Jewish University depends on the academic integrity of each of its members. In the spirit of this free exchange, the students and faculty of American Jewish University recognize the necessity and accept the responsibility for academic honesty. Because our community is committed to sustaining its institutional values of personal responsibility, respect, decency, and care, American Jewish University also has high communal expectations regarding general student behavior. An essential aspect of the University’s educational mission as a Jewish institution of higher learning is to instill in students an understanding that Judaism represents a way of life where prayer and ritual must be accompanied by proper conduct and concern for others. To these ends, the Honor Code of American Jewish University has been developed to reflect the importance of upholding community values and minimizing conflict in order to do our best to be a model human community. The Honor Code is based upon the premise that the concern for the individual rights of students must be balanced by the ethos of personal responsibility.

The Honor Code of American Jewish University was written by a committee of undergraduate and graduate students, faculty, and administrators and was discussed and approved by the elected and appointed officers of the Associated Students of the College, the Graduate Student Association, and the Academic Senate. Under the Honor Code of American Jewish University, students have a twofold obligation: individually, they must not violate the code, and as a community, they are responsible to see that suspected violations are reported. Where the Honor Code is concerned, an individual’s obligation to the student body as a whole and to the reputation of American Jewish University in particular should transcend any reluctance to report suspected infractions.

II. STUDENT RIGHTS AND RESPONSIBILITIES

A. STUDENT RIGHTS

Every student attending American Jewish University is entitled to the freedoms of speech, assembly, and association as defined within the context of this document. A concomitant responsibility of the University is the maintenance of order on campus to ensure the broadest range of freedom for all members of the University community. Maintaining the balance between students’ rights and responsibilities necessitates the promulgation of rules and regulations which reasonably limit some student activity and proscribe certain behavior as harmful to the orderly operation of the University and the pursuit of its legitimate goals. Each student is provided an inspection copy of the Honor Code of American Jewish University for review during the registration process and may request additional copies from the Office of the Dean of Students. Students must indicate in the semestral Registration Application Form that they will abide by the Honor Code.

Every student also has the right to due process. Safeguards have been incorporated into the Honor Code to the extent that no disciplinary sanction can be recommended and issued until the student has had the opportunity to challenge the evidence and present any other evidence relevant to the issues involved in the allegations. In matters related to alleged Honor Code violations, an accused student has the right to be accorded a presumption of innocence until such time, if ever, that his or her guilt is established by a preponderance of evidence.1 He/she has the right to remain silent at a hearing and at the same time, to be assured that said silence shall not be construed as evidence of guilt. He/she has the right to be apprised of the evidence to be presented against him/her and the right to present evidence in real. He/she also has the right to present evidence on his/her behalf.

Students also have the right to confidentiality. All proceedings and/or records related to each student conduct code case are strictly confidential. Student records will be maintained in accordance with the Family Education Rights and Privacy Act of 1974. The Dean of Students Office shall keep records of all cases. If a student is found guilty of a violation, records of the case will become a part of the student’s permanent file, which is housed in the Registrar’s Office. Sanctions of suspension or expulsion shall be recorded on the student’s permanent transcript record. Information from student records will not be made available to either persons on or off campus except as provided by FERPA.

Finally, students possess the right to an education and an equal opportunity to learn. The concomitant responsibilities of American Jewish University include goals for student learning, assessment of student performance, and the provision of faculty and instructional resources to meet these expectations.

B. STUDENT RESPONSIBILITIES

1. Conduct Code:

Any student at American Jewish University may be found to be in violation of the Honor Code of American Jewish University for one or more of the following causes:

1. Academic dishonesty.

2. Forgery, alteration, or misuse of campus documents, records, or identification, or knowingly furnishing false information.

3. Misrepresentation of oneself or of a student organization to be an agent of American Jewish University.

4. Obstruction or disruption, on or off campus property, of the campus educational process, administrative process, or other campus function.

5. Physical abuse on or off campus property of the person or property of any member of the campus community or members of his or her family or the threat of such abuse.

6. Theft of, or non-accidental damage to, campus property, or property in the possession of, or owned by a member of the campus community.

7. Unauthorized entry into, unauthorized use of, or misuse of campus property.

8. The sale or knowing possession of, or use of dangerous drugs, restricted drugs, or narcotics as those terms are used in California statutes, except when lawfully prescribed pursuant to medical or dental care, or when lawfully permitted for the purpose of research, instruction, or analysis.

9. Knowing possession or use of explosives, dangerous chemicals, or deadly weapons on campus property or at a campus function.

10. Engaging in lewd, indecent, or obscene behavior on campus property or at a campus function.

11. Hazing a member of the campus community.

12. Any actions, including those of a sexual nature or involving sexual activities, which are intimidating, demeaning, harassing, coercive, or abusive to another person, or which invade the right to privacy of another person.

13. Creating a fire, safety, or health hazard.

14. (Unauthorized use of a computer system, access codes or similar devices to access restricted or controlled data, property or areas of the campus.

15. Making an accusation which is intentionally false or is made with reckless disregard for the truth against any member of the campus community.

16. Soliciting or assisting another to do any act which would subject a student to disciplinary action under the Honor Code of American Jewish University.

17. Failure to report known honor code infractions committed by fellow students.

For the purposes of this article, the following terms are defined:

1. The term "member of the campus community" is defined as American Jewish University academic, nonacademic, or administrative personnel, students, Board of Directors, or other persons while such persons are on campus property or at a campus function.

2. The term "campus property" includes:

   1. real or personal property in the possession of, or under the control of, the Board of Directors of American Jewish University, and

   2. all campus dining, retail, or residence facilities whether operated by the campus or a campus auxiliary.

3. The term "deadly weapon" is based upon definitions of state law.

4. Reference to behavior described as "lewd, indecent, or obscene" is based upon definitions of state law.

5. The term "hazing" refers to any method of initiation into a student organization or any pastime or amusement engaged in with regard to such organizations which causes, or is likely to cause bodily danger, or physical or emotional harm to any member of the campus community.

6. Actions which are held to be "intimidating, demeaning, harassing, coercive, or abusive to another person" must be so in the eyes of reasonable observers and not solely in the opinion of the accuser.

2. Standards of Academic Integrity

The term "academic dishonesty" which appears in the Conduct Code, Section (A), includes is not limited to the following definitions:

1. Examination Behavior

2. Fabrication

3. Plagiarism

   1. obtaining a copy of an examination in advance without the knowledge and consent of the instructor;

   2. altering academic records outside of official institutional procedures;

   3. using another person to complete academic assignments such as homework, take-home exams or using another person posing as oneself to take classroom examinations.

III. UNIVERSITY JUDICIAL SYSTEM FOR THE HONOR CODE

A. AUTHORITY

Three levels for the review of student honor code infractions exist. The Dean of Students, who receives all reports of alleged honor code violations, represents the first level for student conduct review. The Dean of Students conducts a full investigation, meets with the accused student, and offers a negotiated sanction to the student if a preponderance of evidence exists to support the allegation(s) of the honor code violation( s). If the student accepts the negotiated sanction, he/she waives his/her right to the second level of review involving the Student/Faculty Committee on Student Conduct and Integrity. The Dean of Students may select from among the entire range of sanctions described under ARTICLE III, Paragraph C.

If the accused student rejects the sanction recommended by the Dean of Students, he/she will be referred to the second and more formal level of review, the Student/Faculty Committee on Student Conduct and Integrity. That committee may also invoke any or all of the sanctions listed in ARTICLE III, Paragraph C.

In cases which have been reviewed both at the level of the Dean of Students and the Student/Faculty Committee on Student Conduct and Integrity and which result in temporary or permanent disenrollment, e.g. suspension or expulsion, a student may appeal the decision to the Vice President for Academic Affairs. Within a reasonable amount of time, not to exceed ten working university days, results of the appeal may be the following: 1) Dismiss the charge, 2) Affirm the Committee’s sanction, 3) Impose a lesser sanction, or 4) Order a new hearing.

1. AUTHORITY OF DEAN OF STUDENTS

The Dean of Students is responsible for adjudicating all alleged honor code violations at the informal level. After the Dean conducts a full investigation and has interviewed the accused student, the Dean of Students is authorized to make a written determination, which may entail either dismissing the case due to the absence of a preponderance of evidence or recommending an appropriate sanction. If the student elects to accept the Dean’s recommended sanction, the student must sign his/her acceptance of the sanction and agree to waive his/her rights of further appeal. Should the accused student reject the negotiated sanction offered by the Dean of Students, the Dean of Students will inform the chairperson of the Student/ Faculty Committee on Student Conduct and Integrity of the nature of the accusation and provide any and all documentation related to the alleged honor code violation. In the case of a student’s decision to reject a negotiated sanction, such a decision shall have and will have no impact on the deliberations of the Student/Faculty Committee on Student Conduct and Integrity.

2. STUDENT/FACULTY COMMITTEE ON STUDENT CONDUCT AND INTEGRITY

1. The Student/Faculty Committee on Student Conduct and Integrity is responsible for reviewing cases of alleged student honor code violations where the accused student rejects and subsequently challenges the negotiated sanction offered by the Dean of Students. This committee shall consist of seven members who shall represent the student body and Faculty. The committee shall not be informed of, and will have no knowledge of the sanction recommended by the Dean of Students, unless the accused student elects to inform the committee of such.

2. The committee shall consist of three student members who must have attended American Jewish University for at least one semester and who are in good standing, three faculty members and a student chairperson (who must meet the same criteria set forth for student committee members). In cases where the accused student is an undergraduate of the College of Arts and Sciences, the student chair and at least one of the other three student members must be matriculating undergraduates. In cases where the accused student is a graduate student, the student chair and at least one of the three student members must be matriculating graduate students. The student members and the chairperson shall be jointly appointed by the Associate Students of American Jewish University College President, the Graduate Student Association President, and the Dean of Students. The faculty will be represented by the chairperson of the Academic Senate and two other members of the faculty to be chosen jointly by the Vice President of Academic Affairs and the chairperson of the Academic Senate. The faculty chair of the Student/Faculty Committee on Student Conduct and Integrity will be responsible for conducting the hearing and issuing a written report of findings, conclusions, and recommendations relevant to the student conduct case.

3. Three members of the committee, two students (one undergraduate and one graduate student) and one faculty person, will investigate the circumstances of the alleged incident. This investigative subcommittee is responsible for approaching the accused student, the reporting party, the faculty member (if appropriate), the staff member or administrator (if appropriate), and any other sources deemed relevant for collecting all evidence concerning the innocence or guilt of the accused student. Should the investigative subcommittee conclude that some violation has, in fact, taken place, the entire Student/Faculty Committee on Student Conduct and Integrity will then meet to review the case and recommend an appropriate sanction. The full committee must also meet if the investigative committee finds that a preponderance of evidence does not exist to support the allegations against the study to vote in full to dismiss the case. The accused student will receive a written determination from the Dean of Students conveying the committee’s disciplinary recommendation.

4. The committee may dismiss a member for neglect of duty. Four members must vote for such dismissal. If any member of the committee resigns or is dismissed, an alternate shall be jointly appointed by the ASAJU and GSA Presidents and the Dean of Students. Should a faculty member resign or be dismissed, an alternate shall be appointed jointly by the Vice President for Academic Affairs and the Chair of the Academic Senate.

5. Should the committee find it necessary, it may select an appropriate advisor (as defined by a reasonable observer) on procedural matters.

B. REPORTING METHODS

A suspected infraction of the honor code is to be reported to either the faculty member (in cases of suspected acts of academic dishonesty), to the key area administrator (in cases of behavioral infractions) and/or the Dean of Students. Reports, accompanied by all evidence (exhibits, witness statements, etc.) must be made in writing by members of the American Jewish University community. The reporting party ultimately shall provide the following information to the Dean of Students: the nature of the alleged violation, the names of other significant parties, and any and all pertinent information and evidence. The reporting party shall understand that he/she may be required to serve as a witness should the case ultimately be referred to the Student/Faculty Committee on Student Conduct and Integrity. Disciplinary action cannot be taken on the basis of anonymous reports. In fact, based upon the honor code, students are obligated to report suspected violations. Faculty should consult the faculty Policy on Academic Dishonesty for further information.

C. APPLICABLE SANCTIONS

Sanctions may include, are not limited to Admonition, Loss of Privileges, Exclusion from Activities, Community Service, Restitution, Formal Reprimand, Probation (consisting of a period not exceeding one academic or calendar year in which the conduct of the student will be monitored in terms of whether any prohibited acts are committed), Suspension (duration, not less than one semester, to be determined by the Dean of Students or the Student/Faculty Committee on Student Conduct and Integrity; if the student chooses to return after the suspension period, he/she will be placed on probation that is equal to the period of previous suspension), Expulsion, and/or some other appropriate penalty. Committee sanction recommendations are subject to the review and final approval of the Vice President of Academic Affairs. The Dean of Students is responsible for communicating to the student the final disposition of his/her case.

IV. SCOPE OF AUTHORITY AND JURISDICTION

A. OFF CAMPUS INCIDENTS

The Honor Code of American Jewish University not only applies to the campus of American Jewish University but also applies to off campus conduct if the good standing of the community is placed at risk, or if the student’s presence on campus would present a danger to members of the campus community. Additionally, a student who violates the Honor Code while representing American Jewish University at any off campus function will be held responsible for his/her actions.

B. EMERGENCY CLAUSE

With the approval of the Vice President of Academic Affairs, the Dean of Students may order the immediate suspension of a student for an interim period pending a formal review by the Student/Faculty Committee on Student Conduct and Integrity if:

1. He/she interferes with the educational or administrative process of American Jewish University.

2. He/she endangers the health, safety, or welfare of the University community or its property;

3. He/she has committed an offense so serious as to negatively affect his/her suitability as a member of the campus community.

V. DISSEMINATION OF HONOR CODE

The Honor Code shall be published in the American Jewish University Bulletin of General Information, in the College of Arts and Sciences Student Policy Guide, and in the Campus Housing Handbook. Copies shall also be available during the registration process and in the Dean of Students Office. Students will be expected, as part of their registration each semester, to sign a section of the Registration Application form which indicates their understanding of the Honor Code of American Jewish University.

1. Bouvier’s Law Dictionary defines "preponderance of evidence" to mean: "Greater weight of evidence which is more credible and convincing to the mind." Webster’s Dictionary defines preponderance as: "Superiority in weight or power, importance, or strength; a superiority or excess in number or quantity; majority." The rule, "preponderance of evidence," which governs dispositions and determinations in administrative proceedings such as student disciplinary reviews is an entirely different quantum of evidence than that necessary to establish guilt "beyond a reasonable doubt." While it is difficult to be precise in defining the differences in the two rules of evidence, it can be said that a "preponderance of the evidence" frequently exists where the same evidence would not meet the test of "evidence beyond a reasonable doubt."

2. The information under "Student Rights and Responsibilities," Section II, A. and B. is adapted with permission from the Codes of Student Conduct of The California State University, the University of Nevada, Las Vegas, and the University of Maryland.