Community Standards and Student Conduct

Section III. Definitions

Code of Student Conduct

Academic Integrity Hearing Panel (AIHP) – A group of trained students and faculty who examine information presented to them in order to determine if a violation(s) of academic integrity occurred and, if so, what sanction(s) should be assigned. This panel also determines if additional sanctions are necessary for repeated violations of academic misconduct.

Academic Misconduct - Engaging in an act that violates the standards of the Academic Integrity Policy as described in the Code of Student Conduct or in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

Behavioral Misconduct - Any behavior that is inconsistent with University policy or community standards as outlined in the Code of Student Conduct, Residence Hall Source Book, Student Handbook, or other University publications or announcements. 

Category "A" Violation - A first time violation of the Code that will not result in separation from the University.

Category "B" Violation - A violation that is of a serious nature or repeated behavior for which any sanction in the Code may be assigned up to and including expulsion. These violations are processed exclusively through the director or designee. Category "B" violations may entail an administrative hearing before a conduct officer, Conduct Review, Gender Based Harassment and Violence, or Academic Integrity Hearing Panel.

Conduct Conference - A process in which the facts of an alleged violation of the Code of Student Conduct are presented to a conduct officer to determine if a violation(s) took place and what sanction(s) are appropriate.

Conduct Officers - University staff and graduate students trained to adjudicate violations of the Code of Student Conduct.

Consent - This is the act of knowingly and affirmatively agreeing to engage in a sexual activity.  Consent must be voluntary.  Consent is not considered voluntary in the case of an individual who : is substantially impaired by any drug or intoxicant;  has been compelled by force, threat of force, or deception; is unaware that the act is being committed; is a minor by legal definition; or whose ability to consent is impaired because of a mental or physical condition.  Consent may be withdrawn at any time.  Prior sexual activity or relationship does not, in and of itself, constitute consent.

  • Consent is active and not passive.
  • Silence, in and of itself cannot be interpreted as consent.

Complicity - Complicity is condoning, supporting, or encouraging any violation of the Code of Student Conduct. Students who anticipate or observe any violation of the Code are expected to remove themselves from association or participation in any such inappropriate behavior.

Conduct Body - Any person or panel authorized by the University to determine whether a student has violated the Code of Student Conduct and to assign appropriate sanctions.

Conduct Review Panel (CRP) - A group of trained students, faculty, and staff who review cases in which information of an alleged violation are presented in an effort to determine if a violation(s) took place and what appropriate sanction(s) should be assigned.

Dating Violence - A type of intimate partner violence that occurs between two people in a dating relationship. The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence does not include acts covered under the definition of domestic violence. (Examples of dating violence include but are not limited to: extreme jealousy or insecurity, belittling, isolation you from family or friends, or making false accusations). (As used in The Code, Dating Violence has the same definition as the Gender-Based Harassment and Violence Policy, and University Policy 8065.)

Domestic Violence - A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Ohio; or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the state of Ohio. (As used in The Code, Domestic Violence has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

Family Educational Rights and Privacy Act (FERPA) - A federal law passed in 1974 which defines educational records and indicates who may have access to disciplinary records and under what circumstances.

Fundamental Fairness - A standard that includes minimally the right to receive notice of the alleged violation(s) and the time, date, and location of the opportunity to be heard.

Gender-Based Harassment and Violence - Any behavior or practice that causes or intends to cause emotional, psychological, physical harm or property damage based on actual or perceived gender, gender identity, gender expression, and/or sexual orientation. (As used in The Code, Gender-Based Violence has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

Hazing - Hazing involves doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing physical or mental harm to any person.

Intimate Partner Violence - Physical, sexual, threats, or psychological abuse that occurs between two people in a close or intimate relationship. The term "intimate partner" includes current and former spouses, partners and date partners. (Examples of Intimate Partner Violence include but are not limited to: grabbing, shoving, slapping, hitting, kicking, punching, stabbing, shooting, rape, intimidation, blackmail, or maintaining control over financial resources including a person's earned income). (As used in The Code, Intimate Partner Violence has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

Ohio Revised Code 3345.23 (Trigger Offense) - A state law that mandates certain state action if a student at a public university is arrested for specified crimes. (See Section XIV "Distinguishing the Student Code Provisions and Local, State, and Federal Laws" for more information.)

Plagiarism - Quoting, paraphrasing, or otherwise using the words or ideas of another as your own without acknowledging or properly citing the other.

Preponderance of Information - A standard of proof that indicates that the information provided leads the conduct officer or panel member that "more likely than not" a violation did or did not occur.

Sanction - An outcome imposed for the violation of the Code of Student Conduct. Generally, sanctions are educational in nature and intended to modify the student's behavior as well as build an awareness of personal responsibility and community standards.

Sexual Harassment - Sexual harassment is unwelcome, gender-based verbal or physical conduct of a sexual nature, without regard to the gender of the Complainant and Respondent; that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying, or limiting someone's ability to participate in or benefit from WSU's educational program or activities, or work activities; and; the unwelcome behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. A different number of acts fall into this category of sexual harassment, including without limitation, dating violence, sexual exploitation and stalking. (As used in The Code, Sexual Harassment has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

  1. Quid pro quo sexual harassment exists when there are: unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; and submission to or rejection of such favors, or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment action; or affects the terms or condition of education or employment or activities with the University.
  2. A hostile environment is created by unwelcome sexual behavior directed at an individual because of that individual's sex, gender or sexual orientation that is offensive, hostile and/or intimidating and that adversely affects that individual's university work/learning/living/program performance. Harassing conduct that is sufficiently severe, pervasive/persistent and patently offensive that it substantially interferes with the conditions of education or employment, from both a subjective (the alleged victim's) and an objective (reasonable person's viewpoint).

(As used in The Code, Sexual Harassment has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

Sexual Misconduct - Any attempt or any actual unwanted sexual contact, physical or nonphysical, in the absence of clear and voluntary consent. Clear and voluntary consent is consent that is given freely and actively in mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not clear or voluntary if it results from the use of physical force, threats, intimidation, or coercion. It is a violation of policy to have sexual contact with someone who is known to be, or should be known to be incapable of making a rational, reasonable decision. (Examples of sexual misconduct include but are not limited to: sexual penetration, sexual touching with any body part or object without consent, taking non-consensual, unjust, or abusive sexual advantage of another, such as video or audio or audio-taping of sexual activity without the express permission of both parties, or the exposure of the private or intimate parts of the body in a lewd manner in public or in private premises). (As used in The Code, Sex Offense has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

Sex Offenses - Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. (Example of Sex Offenses include but are not limited to: rape, sexual assault, sexual battery, sexual imposition, or public indecency.) (As used in The Code, Sex Offenses has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

Stalking - Stalking involves repeatedly following, harassing, threatening, or intimidating another by telephone, mail, electronic communication, social media, or any other action, device, or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death. (Examples of stalking include but are not limited to: monitoring an individual's phone calls, reading a person's mail, following a person outside the home, breaking into a person's home, stealing a person's belongings, calling, texting, emailing, mailing a person repeatedly at home or work, repeated, uninvited appearances at a place of work or residence). (As used in The Code, Stalking has the same definition as the Gender-Based Harassment and Violence Policy, University Policy 8065.)

Student - An individual who has been accepted to the University and/or taking courses at Wright State University on a full or part time basis. Student status lasts until an individual graduates, is academically or disciplinary separated from the University or is not in attendance for two (2) complete, consecutive terms.

Student Organization, group, or team- The term "student organization" means any number of persons who have complied with the formal requirements for Wright State University recognition.

University Appeals Panel (UAP) - A group of trained students and faculty who examine information presented to them in order to ensure the disciplinary outcome was appropriate and/or to ensure University policies and procedures have been followed. All appeals involving "A" violations will be heard by the director or designee. The appellate decision of the director or designee will be final.

All appeals involving "B" violations heard by the Conduct Review Panel, Gender Based Harassment and Violence Panel, and those decisions by the director of Community Standards and Student Conduct or designee resulting in suspension or expulsion will be heard by the University Appeals Panel. The appellate decision of the University Appeals Panel is final. 

Regarding the academic integrity hearing process, the decision as to whether a student is responsible or not responsible for a violation of academic misconduct is final. Furthermore, if the student is found responsible by the AIHP, then the academic sanction recommended by the faculty member is also final. Only non-academic sanctions levied by the AIHP (e.g. a suspension for a second violation) may be appealed to the University Appeals Panel. 

University Official - Any individual who is employed, contracted with or appointed and performing administrative or professional responsibilities within the scope of his/her authority by the University.

University Premises - The premises of Wright State University includes all land, buildings, facilities, and other property in the possession of, owned, used, managed, or controlled by the University (including adjacent streets and sidewalks).