Code of Conduct
Purpose
Rooted in its Catholic identity and guided by the example of Jesus Christ, St. Ambrose University affirms the sacredness and dignity of every person. We hold that accountability and service are key to this development, thus students are encouraged to use discernment and reflective judgement. We are committed to mercy, courage, wisdom, justice, and service — we value diverse perspectives and seek to create an inclusive learning environment where all feel welcomed and respected. This Code of Conduct defines minimum expectations for behavior on all campuses, University-sponsored trips, or in public, and outlines the processes for students to bring a complaint, procedural due process, and appeal procedures.
Authority
The Student Code of Conduct is not a code of criminal law; criminal law concepts, processes, and procedures do not apply to it. The University will take appropriate action when student conduct runs contrary to the University mission or a clear and distinct university interest, regardless of whether a criminal offense has occurred. The University reserves the right to take necessary and appropriate action to protect the health, safety and well-being of the University community and its members. Students and student organizations are subject to the provisions of local, state, and federal law and to all legal and judicial authorities as part of their responsibilities to the larger society. Those who believe a crime has occurred should inform Public Safety and/or a local law enforcement agency. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. Conduct proceedings on campus are designed to deal with student behavior developmentally.
Jurisdiction
The Code and the processes for its administration and enforcement exist to maintain the safety and well being of the University community, to foster the education and character development of students, and to facilitate the unhindered operation of the University. The Code applies to individual students and student groupsorganizations and is used to enforce University policies and regulations. Regardless of how it is handled by the court system, a violation of law may also be treated as a violation of University regulations.
Conduct action is not a substitute for judicial mechanisms of the larger community. Criminal prosecution in the court system is designed to be punitive and to provide social consequences for convicted offenders. Student offenders may be charged under either or both systems. University sanctioning power, therefore, applies only to instances of student misconduct that are basic to its appropriate interests, as follows:
- The opportunity of all members of the University community to attain educational objectives
- The protection of the health, safety, welfare, and property of all persons in the University community
- The protection of the University’s integrity and its property.
The University’s jurisdiction extends to all admitted or enrolled students while they are present on premises owned by the University, on city streets running through or adjacent to the campus, and in off-campus buildings occupied by students by virtue of their association with a group/organization given formal recognition by the University or at a host institution or other site for an academic or extracurricular University-related experience. In addition, the Code may also be invoked against students whose off-campus behavior:
- Potentially harms the institutional and educational interests of the University. This standard is fulfilled when the behavior creates or has the potential to create general and negative public opinion of the University or its students or employees.
- Threatens the well-being of its students or employees. This standard is fulfilled when the behavior has already threatened a member or members of the general public and there is reason to believe that such behavior might threaten or endanger students or employees if not addressed in the institutional community.
Interim Remedial Action
The University will generally apply sanctions as an outcome of a hearing or review. However, when facts dictate that an ongoing risk to the campus community or its members exist, actions may be taken in the interim between the report and theconclusion of the process. Typically, these interim actions take the form of immediate removal from campus housing, restrictions on a person’s ability to participate in certain activities, access to certain forms of technology, or immediate suspension of all contact with the campus and its community. When an interim action is taken efforts will be made to minimize the impact on the accused student.
Code Enforcement
A University staff member may confront any situation during which they perceive a policy is being violated. If policy violations are suspected, the University reserves the right to enter University owned property including student rooms and to search the rooms and property.
Standard of Evidence
The standard of evidence that will be used to determine violations of the Student Code of Conduct is preponderance of the evidence. Preponderance of the evidence means that the evidence given (including complaint, response, witness statements, physical evidence, university documents and interview notes) is enough to suggest that a circumstance is more likely than not to have occurred as described.
Equal Treatment
The University has an obligation to apply its rules equally to all students. This does not mean, however, that the University is required to refrain from engaging in the conduct process with some students because there are others who cannot be identified, or who are not similarly charged. Procedural fairness incorporates adequate notice of the charges, the opportunity for a fair hearing, and the right of appeal.
Non-Discrimination
For purposes of this policy, the following characteristics are considered protected and, to the extend permitted by applicable law, individuals cannot be discriminated against based on these characteristics: race, color, religion, sex, gender, age, sexual orientation, pregnancy, national origin, disability, veteran status, genetic information, or any other status protected under applicable federal, state, or local law.
Freedom in the Classroom
Students enjoy freedom of speech and research, of legitimate classroom discussion, and of advocacy of alternative opinions to those expressed in the classroom. Students will be evaluated on knowledge and academic performance and not on the basis of personal or political beliefs.
Good Standing
When a student is required to complete sanctions for his/her violation of policy a deadline is provided by which the sanctions must be completed. If the sanction is not completed by the deadline, the University places a restriction, or hold, on the student’s account that will prevent the student from completing any official action with University, including the adding or dropping of a course, registering for the next semester, submitting a housing contract, and requesting transcripts. When the student completes the sanction, the restriction is removed.
This restriction will remain on the student account indefinitely, even if the student leaves the University. When a former student requests a restriction to be released, the University will hold the person responsible for the sanction. In the case of some sanctions (e.g. service hours), the University may elect to convert the hours to a monetary fine at the rate of minimum wage for each hour sanctioned.
The awarding of a degree from St. Ambrose University is conditioned upon a student's good standing with the University and satisfaction of all University graduation requirements. "Good standing" means the student has resolved any unpaid fees or acts of academic or behavioral misconduct and complied with all sanctions imposed as a result. Thus, if a student who is graduating or leaving the University is found responsible for a violation that would normally result in probation or suspension, a “hold” will be placed on the student’s records indicating that for a comparable period of time the student will be considered in poor standing with the institution. The University may deny the awarding of a degree if the student is dismissed from the University based on misconduct.
Responsibility for Guests
Students and student organizations are responsible for the conduct of guests and must use their best efforts to ensure that guests comply with the Student Code of Conduct and other University policies. This includes but is not limited to guests attending university-sponsored events on or off University property, visitors to residence halls, or attendees of activities sponsored by recognized student organizations.
Medical Amnesty Policy
St. Ambrose University seeks to encourage and sustain an academic environment that both respects individual freedom and promotes the health, safety, and welfare of all community members. The University strongly encourages students to call the appropriate Public Safety Office: SAU: 563-333-6104, and Mount Mercy: 319-360-4839, or call 911 to request medical assistance for those who may have been harmed or are dangerously under the influence of drugs or alcohol. No student seeking medical treatment for the effects of drug or alcohol use, or who may need assistance while unlawfully under the influence of alcohol or other drugs, will be subject to the University discipline for violating the Code of Conduct as it relates to alcohol and drug use. Instead, emphasis will be placed on affirming individual and collective student well-being. However, students may be held responsible or accountable for acts committed while intoxicated, as intoxication will not be viewed as an acceptable excuse to alleviate individuals of accountability for a policy violation. Medical amnesty will be granted to both the intoxicated student and to the student(s) seeking medical assistance on behalf of the intoxicated student.
DISCIPLINARY PROCESS
Overview
Any person may bring a complaint against a student under these procedures, based on an alleged violation of any University rule or regulation, or based on behavior not specifically covered by rules or regulations, but which is considered detrimental to the Mount Mercy community. All complaints shall be made to the Director of Res life or Dean of Students Office who will act as the Student Conduct Officer. As the Code of Conduct applies to students on and off campus, actions resulting in potential violations may be brought forward by police or through arrest records available to the Office of the Dean of Students.
Complaints will be investigated, hearings may be conducted, disciplinary action may be recommended, and appeals heard as provided for by the Code of Conduct.
- Complaints should be filed as soon as possible after the event takes place. The longer someone waits to report an offense, the harder it becomes for University officials to obtain information and witness statements and to make determinations regarding alleged violations.
- Individuals may file a complaint in writing or verbally by meeting with the Conduct Officer or his/her designee. Complaints will be considered the main basis of a case and should be made as clearly and carefully as possible. Upon receiving a complaint, the Conduct Officer or designee will review the report and conduct an investigation to determine whether it appears to meet the criteria for a possible violation of the Code of Conduct. The investigation may include meeting with the Respondent if at all possible.
- The Conduct Officer or designee may find that the report does not have merit or that it is possible to find a resolution by mutual consent of the parties involved including the Office of the Dean of Students. Such disposition will be final and there will be no subsequent proceedings.
- If the charges cannot be disposed of by mutual consent, or if the Conduct Officer determines that the alleged violation may result in harm to the Complainant, Respondent or the University community, the Complainant and the Respondent will be given the opportunity to express a preference for a conduct hearing before a hearing officer or conduct board. The Conduct Officer will consider their requests when referring the case to a conduct body. The Dean of Students is the final arbiter in determining which hearing process will be used to resolve charges.
The Code of Conduct may be reviewed and amended by the Dean of Students and approved by the Campus President and/or University CEO.
Complaint Procedure
If the alleged behavior seems like it may be sex-based discrimination, please click here to go to the Title IX section of his handbook.
1. Conduct Officer's Scope of Responsibility
As a general rule, violations of University policies and behavioral standards will be referred to the conduct officer in the following areas:
- Residential – Violations of residential policies or of institutional standards of conduct committed in the residence halls or by residential students will generally be referred to the Dean of Students & Director of Residence Life.
- Athletic – Violations of athletic department or team policies or behavioral expectations will be referred to the Dean of Students & Director of Residence Life (Please note: sport regulations governed by NAIA are not university regulated; therefore, the University may not set them aside or change their outcome. E.g. red cards in soccer).
- Academics – Refer to the Academic Integrity Policy section of the Course Catalog
- All Other - Violations of University standards of conduct occurring at campus events or committed by non-residential students will be referred to the Dean of Students & Director of Residence Life.
2. Notification of Conduct Violations
- Allegations concerning violations of the Code must be brought in writing to the attention of the appropriate Conduct Officer identified in Section 1. Conduct Officer's Scope of Responsibility within 120 days of discovery of the alleged offense.
- Violations alleged to have occurred more than 120 days earlier will be considered “stale” and normally will not be subject to conduct action.
- Exceptions to this policy will be made at the sole discretion of the Dean of Students & Director of Residence Life.
- Such exceptions may involve allegations that are still under investigation or cases in which the safety of individuals or the University community is deemed by that official to be at risk.
- Allegations of Code violations will be presented to the accused student(s) by means of a written notice from the appropriate Conduct Officer.
- This notice will contain the substance of the allegations and request the student to schedule a Student Conduct Conference, as outlined below.
- The Conduct Officer will contact the student in writing and/or by e-mail to the last known and updated address by the student on file with the University.
- The University has no further obligation to notify the accused with respect to inaccurate addresses if the student fails to properly notify the University of any change of address.
3. Student Conduct Conference
The Student Conduct Conference is a meeting between the student and Conduct Officer to discuss the alleged incident and the student’s options.
- The accused student is obligated to contact the Conduct Officer within three business days of receipt of Notice of Conduct Violation to schedule the Student Conduct Conference.
- The Student Conduct Conference provides the student with:
- Notice of formal charges resulting from allegations
- Notification of the process for resolving formal charges through conduct process*
- Opportunity to discuss the allegations and provide information
- Opportunity to accept or deny responsibility for formal charges
- After all information is presented the Conduct Officer will determine if the student is responsible for the alleged violations.
- The student will be notified electronically through our case management system about whether they were found to be responsible or not
- *
If a student is at risk of having his or her rights restricted, or being separated from the institution, the have the right to request an Administrative Hearing Board in lieu of the Student Conduct Conference.
4. Administrative Hearing
The purpose of the administrative hearing will be to determine:
- If it is determined that a violation of the above occurred, the hearing(s) will seek to ascertain who is responsible for the violation(s).
- Students who fail to schedule or attend a hearing by the deadline indicated will waive their right to such a hearing, and a decision may be made without that student(s)’ involvement. All decisions made as a result of the hearing(s) will be communicated in writing.
If a student waives the right to the Student Conduct Conference and requests an Administrative Hearing, the following procedure will be followed.
Process for Administrative and Conduct Hearings
- Hearings are closed to the public. In addition to the conduct officer only the following normally are allowed to attend:
- Complainant
- Advisor for the accused or the complainant. The advisor shall be a silent observer and may not have an active role in the hearing. The student may chose only one person such as parent, faculty member, attorney, friend, etc.)
- The respondent.
- Witnesses or persons who have been asked to provide a statement by either the accused or complainant
- Conduct Officer
- The conduct officer will preside over the Administrative Hearing. Admission of any additional persons to the hearing shall be at the sole discretion of the conduct officer.
- Hearings are unlike courts. These conduct processes engage in a full discussion of allegations and circumstances.
- In assigning appropriate sanctions, the conduct officer may consider relevant precedents and the conduct history of the accused. Consideration may also be given to aggravating or mitigating circumstances.
- At the conclusion of the deliberation, the presiding officer will provide written notification of the decision within 48 hours to the conduct officer assigned to the case. Written/electronic notification of the decision and sanctions as well as appeal procedures if applicable will be sent to the appropriate parties to the address(es) most recently made available to the University.
- A record of the Board’s hearing proceedings will be kept and this will be considered confidential except in cases where it is deemed necessary by the Board that prepared statements be released to protect the welfare of persons at the University.
5. Sanctions and Fees
The following sanctions comprise a range of official actions that may be imposed for violations of the Res Life Policies and the Code of Conduct—by individuals or groups. One or more sanctions may be imposed at the discretion of the Conduct Officer or Administrative Hearing Board in an effort to promote behavioral change. Sanctions attempt to teach alternative behaviors; increase personal and social skills; increase a student’s awareness of obligations to others; demonstrate implications of actions; and explain rationale behind regulations. This list does not limit the actions available to a Conduct Officer or Administrative Hearing Board and is not inclusive of all possible actions that could be taken as a result of a violation of University policies. Students found responsible for violations will receive a minimum of disciplinary warning with expulsion being the maximum sanction.
Failure to complete a sanction by the deadline can result in additional sanctions such as a on the student account which will prevent the student from completing any official University action (e.g. registering for classes, adding or dropping a class, submitting a housing contract, etc.). Both sanctions and restrictions will remain on a student's account indefinitely, even if he/she leaves the University. Upon reapplication to the University, the Dean of Students will determine the appropriate course of action.
THERE ARE TWO LEVELS OF SANCTIONS
Level One Sanctions
Level one sanctions are typically first-time, less serious, or repeated less serious violations. Level One sanctions are not subject to appeal as they do not have the potential to limit a student’s rights or lead to their separation from the University. Under special circumstances, the Dean of Students & Director of Residence Life may consider an appeal at this level.
The following sanctions serve as guidelines rather than as a definitive list.
Disciplinary warning: a written warning that if there is a repetition of the same action or any other action in violation of the rules or regulations of the University, the student can expect additional disciplinary action.
Disciplinary probation: this action is designed to assist students in developing behavior appropriate to the University community through placing them on a warning status. The resident is also informed that further violations may result in greater levels of sanctions. This level of probation is intended to provide the student an opportunity to reflect on, and learn from, his/her behavior while increasing awareness of the impact of his/her behavior on themselves and others and of the University’s expectations.
- Residence Hall Probation: a change in student status for violating policies outlined in the Residence Life policies and the Student Code of Conduct. A student will receive written notice of probation, its terms and time limit. Privileges of residents, including visitation, may be revoked for all or part of the time the resident is on probation.
- Disciplinary Admonition: a change in student status involving written notice of the probation, its terms and time limit.
- University Probation: this is the most serious level of conduct sanction, short of suspension from the University, during which the student is considered not in good standing. The student remains enrolled at the University under circumstances defined by the Conduct Officer of Administrative Hearing Board, and may not be allowed to represent the University in any official capacity or hold office in any student organizations including, but not limited to, intercollegiate athletic events or teams, recognized student organizations, theater groups or productions, musical organizations or SGA Officer positions. This probation level indicates to the student that further violation(s) of University regulations will result in more stringent conduct action, including but not limited to suspension or expulsion from the University.
- Housing Reassignment: this action is an involuntary reassignment to another residence on campus for a designated period of time and may include restricted visitation privileges. This sanction is imposed to protect the welfare of the building, area, or floor community, and students having this sanction imposed should reflect on the behaviors necessary for an individual to be part of a residential community by respecting others, and developing critical thinking skills and mature decision-making skills.
Restitution Fines: a student may be assessed a fine for a variety of Residence Life and/or safety violations such as lost keys, lock-out assistance and littering. Please see the following examples and consult with your local Res Life Department for more information.
- If this action occurs;
- This fine may be assessed.
- Damage, vandalism, littering, etc.;
- Removal and/or cleaning fees.
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Failure to remove garbage bags from common areas;
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$25 first time, and increasing fines for each subsequent fine.
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Entire floors may be bear the fee, split evenly between occupants.
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- Lock-out assistance;
- First one free, 2nd one $5, 3rd and subsequent assistances $10 or more.
- Lost keys;
- Up to $50 per key and $60 per lock that needs re-cored.
- Quiet and Courtesy Hour noise violations;
- $25 and $50
- Replacement student ID
- $20
- Sports in residential spaces;
- $25
- Tampering with fire alarms or other fire safety equipment;
- $100
Restitution Service: as part of the sanctioning process, students can be required to perform service. These services can include performing assigned duties, sponsoring programs, etc.
Educational sanction: a student may be required to provide a specific service or participate in a specific program, receive specific instructions, or complete a research assignment. The student may be responsible for related expenses, including expenses for education, counseling, or treatment, if any expense is entailed.
Behavior Contract: a student and hearing officer may reach a written agreement concerning expectations for future behavior and decisions to assist in preventing inappropriate behaviors from recurring.
Restriction of Privileges: under this sanction, students may be restricted from entering certain buildings, attending certain events or using specific programs due to their behavior. Housing students may have their visitation privileges restricted or revoked for a certain time period, or specific guests may not be allowed into University housing. Participation in University organizations or holding office in organizations or other privileges can also be included under this sanction as deemed appropriate.
No-Contact Directive: this action is implemented at the discretion of a hearing officer directing a student to avoid initiating contact with another member of the University community, it may include limiting access to areas to avoid incidental contact. A no-contact directive may be imposed at a student’s request without conduct proceedings if it does not involve any accommodation changes. Contact includes direct interactions in person or through technology, as well as the use of third parties to interact. The no-contact directive is not limited by location.
Conduct Referrals: conduct officers may refer students found responsible for violations to campus resources to assist, educate or monitor them in the development of appropriate behavior, critical thinking skills, mature decision-making skills, etc. Referrals may include University-sponsored alcohol and drug education programs, the Counseling Center, etc.
Registration Hold: A hold may be placed on a student’s registration if the student has failed to complete a sanction or withdraws prior to official conduct on an allegation. Holds are intended to be temporary until either the sanction or conduct process is complete. Registration holds may also be used during periods of interim suspension, suspension or expulsion. Holds will not be lifted until the necessary sanctions are completed.
This is separate from a business office hold when a student has a balance beyond the allowed limit.
Level Two Sanctions
Level two sanctions are typically serious or aggravated violations. Level Two sanctions are for violations that limit a student’s rights or have the potential of separation from the University. The student will be afforded an Administrative Hearing process and may appeal that decision. The following sanctions serve as guidelines rather than as a definitive list.
The following sanctions serve as guidelines rather than as a definitive list.
Suspension of Group Recognition: This action consists of the withdrawal of all or part of the official recognition of a group for a stated period of time and will include conditions for reinstatement of recognition. This sanction is intended to assist groups in developing a stronger sense of the responsibilities that go along with the privileges of University recognition and a commitment to be a positive part of the University community.
Revocation of Group Recognition: This action is permanent cancellation of the official University recognition and privileges of a group found in violation of University regulations.
Housing Removal: This action is an involuntary removal from on-campus housing for a designated period of time and may include restricted visitation privileges. This sanction is imposed to protect the welfare of the building, area, or floor community.
Exclusion from University facilities or activities – a student may be prohibited from attending a class, undertaking student employment, entering a building, participating in an extra-curricular activity sponsored by the institution, representing the University in an official capacity, or using other services provided the institution. Such exclusion may be for a definite or indefinite period of time.
Interim Suspension – When the Student Conduct Officer has reasonable cause to believe that a student’s presence on University premises or at a University-related or registered student organization activity poses a significant risk of substantial harm to the safety or security of themselves, others, or to property, the student may be immediately suspended from all or any portion of University premises, University-related activities or registered student organization activities. This temporary suspension will be confirmed by a written statement and shall remain in effect until the conclusion of a full hearing or administrative decision, without undue delay.
Disciplinary Suspension – A student may be involuntarily separated from the University for a stated period of time after which readmission is possible. A student with one or more violations may be suspended from the University for an indefinite period of time. A student suspended indefinitely may petition the appropriate Dean of Students Office for reinstatement.
Expulsion – for a serious violation of University rules or regulations, a student may be dismissed from the University permanently.
6. Appeals
Right to Appeal
- Students may request an appeal to the appropriate campus Dean of Student office on the following grounds:
- A substantive procedural error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
- To consider new evidence, not reasonably available during the original hearing or investigation, that could substantially impact the original finding or sanction.
- The Conduct Officer or a member(s) of the Administrative Hearing Board had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
- Students have 48 hours from the time they receive notification of a sanction to file an appeal.
- Appeals will be heard by Dean of Students or his/her designee. In order to file an appeal, the student must submit the appeal in writing.
- If the Dean of Students served as the original conduct officer, or as the assigned conduct officer, or if the Dean of Students was removed from the process; appeals will be heard by the Director of Compliance or Campus President.
- If multiple individuals were found in violation and/or sanctioned and wish to appeal, each individual must submit a separate appeal letter.
- A student’s status and/or participation in sport or other University activities may be altered until a final decision is made. This is true in cases in which a student’s continued presence constitutes an immediate threat or potential injury to himself/herself or others and/or could disrupt the orderly functioning of the University as determined by Dean of Students and/or Director of Residence Life.
- When the Dean of Students receives an appeal, he/she will determine the format of the appeal. These are final decisions without further appeal.
Summary Decision
Dean of Students will review the written appeal and any related documentation from the original hearing. The Dean of Students will make a final judgment and communicate that in writing to the student.
Revision
The Student Code of Conduct is subject to change. In general, the Student Code of Conduct will undergo a review once every three years to determine if significant changes need to be made. However, it will be revised again for the 2027-28 academic year as we finalizing integrating all policies. The University is responsible for notifying students when significant changes are made and students are responsible for being made aware of changes. Last updated August 2026.
Student Conduct Record Availability
All student conduct records are part of the student’s institutional record and may be released or discovered through releases, legal requests, and pursuant to some employment verifications. These records will be maintained for a period of at least 7 years after a student leaves the institution or may be maintained indefinitely when violent acts were committed.
STANDARDS OF CONDUCT
A violation of the Residence Life Policies is a violation of the Code of Conduct and will be subject to disciplinary actions by the appropriate campus Res Life and Dean of Students Offices.
D.1. Violations of any Residence Life Policy
D.1.i. Violation of any Residence Life Policy is a violation of this Code of Conduct which applies to all students, residential or not, and their guests. Refer to the Residence Life Policies section of this handbook.
D.2. Acts of Dishonesty
D.2.i. Misrepresentation of any material fact to any member of the faculty or staff of the University or to any office, department, or committee thereof, or willful misrepresentation to anyone within or without the University community of his or her status or academic performance with the institution or of the support, sponsorship or approval of St. Ambrose University of the services or activities of any person, group or organization.
D.2.ii. Failure to comply with directions of University officials or law enforcement officers acting in the performance of their duties and/or failure to accurately identify oneself to these persons when requested to do so. This includes failure to produce identification upon request.
D.2.iii. Providing false information, altering or misusing University documents and records, instruments, or property; possession of government-issued identifications that have been altered or that belong to another person, or violating copyright laws
D.2.iv. Refusing to comply with a conduct process. This includes, but is not limited to failure to obey any notice from a University Conduct Board or other University official to appear for a required meeting, disruption or interference with a conduct proceeding, willful falsification, distortion, or misrepresentation of information, filing any fraudulent charge in bad faith, retaliation or attempted manipulation of any kind to any person involved in the conduct process, and failure to comply with sanctions or informal Title IX resolution.
D.3. Aiding and Abetting
D.3.i. Any student choosing to allow, even through omission or inaction, but being present; or assisting in the commission of any Residence Life policy or Code of Conduct violation will be held accountable.
D.4. Alcohol, Tobacco, E-Cigarettes, and Controlled Substances
Alcohol Policy
The University is committed to maintaining a safe and healthy environment on all of its campuses by promoting a drug-free environment. The University does not encourage consumption of alcoholic beverages, nor does it promote the use or abuse of them. In keeping with the federal Drug Free Schools and Communities Act of 1989, and with other federal legislation, the University has established policies and programs which address the use and abuse of alcohol. Such policies are required for the receipt of federal financial assistance, including financial aid to students. University students are considered to be responsible individuals who are expected to behave in accordance with state and local law and the University alcohol policy. The University respects students’ privacy and autonomy, assumes they will behave legally and responsibly, and will not use unjustified means to verify compliance. When violations of law or policy come to the attention of school officials or agents, however, justified sanctions will be imposed and repeat or more serious violations will be dealt with more severely.
The University maintains and enforces alcohol and other drug policies on all of its campuses that are consistent with federal, state and local laws.
Iowa State Law prohibits
- Possession or consumption of alcohol for anyone under the age of 21;
- Public intoxication;
- Consuming alcohol in public places not covered by a liquor control license;
- Driving or being a passenger in a motor vehicle with an unsealed receptacle containing an alcoholic beverage in the passenger area of the vehicle;
- Giving or selling an alcoholic beverage to anyone intoxicated;
- Giving or selling an alcoholic beverage to anyone under the legal age.
Guidelines for communities where ALL residents are of legal drinking age
- Everyone in the same room must be of legal drinking age if there are open containers of alcohol present and/or being consumed.
- While alcohol is being consumed, the number of alcohol containers (empty or not) may not exceed the number of people consuming alcohol.
- Empty containers must be properly disposed of prior to opening another container.
- If a minor is present, everyone present at the time will be in violation of this policy.
- Alcohol consumption by residents (or guests) of age will be considered as a contributing factor if other violations are taking place.
Guidelines for Communities with residents of MIXED legal drinking age
- If both of-age and underage people living in the same room, roommate pairs who are both of legal drinking age may consume, possess, and store alcohol in their private bedroom only.
- While consuming alcohol, or while alcohol is visible, the bedroom door must remain shut.
- The number of open alcohol containers present (empty or not) may not exceed one container per individual of legal drinking age in the bedroom where alcohol is being consumed.
- Empty containers must be properly disposed of prior to opening another container.
The following is prohibited on all University campuses.
D.4.i. Underage alcohol consumption. Students who are not 21 years of age are not allowed to consume, possess alcohol, or be present when alcohol containers and/or drinking is occurring.
D.4.ii. Alcohol consumption in the presences of residents or guests who are not of legal drinking age.
D.4.iii. Alcohol storage in restricted areas such as dry residence halls or or in any room where the owner is not of legal drinking age, regardless of whether or not the owner is present. Alcohol may not be stored in common areas if any residents are not of legal drinking age. Alcohol containers are not allowed outside the resident areas such as parking lots, hallways, patios, or breezeways.
D.4.iv. Possession of multi-liter containers such as kegs, pony kegs, boxed wine, etc.
D.4.v. Public consumption/open containers. For the purposes of alcohol policy enforcement, a room/apartment/suite may be considered a public area if the door entering the room/apartment/suite is open. Alcohol beverage containers may not be used for decorative purposes by underage students. Open containers are defined as any alcohol container on which the seal has been broken or which cannot be enclosed, e.g. cups. Once the seal has been broken, a container is considered open even if the cap/cork/etc. has been replaced.
D.4.vi. Excessive consumption or the promotion of excessive consumption (e.g. beer pong or other drinking games).
D.4.vii. Improper alcohol usage at off-campus events sponsored by student clubs or organizations. The University discourages clubs and organizations from hosting or sponsoring off campus events where alcohol is sold or served. If an organization chooses to host or sponsor an event where alcohol is sold or served, the following rules are to be observed:
- Alcohol may only be served by a third-party vendor.
- Alcohol can only be sold and served in a private room or designated area separate from the primary party, dance, or event. Those under the age of 21 are not permitted to enter this area.
- Alcohol may not be brought out of the designated alcohol sales/ consumption area. No University money may be used to purchase alcohol.
- No club, student, or employee of St. Ambrose University may receive any portion of the money made from the sale of alcohol at the event.
- Alcohol may not be provided or distributed by student organizations or members of student organizations.
- Nonalcoholic beverages must be available.
- Alcohol may not be carried into the facility; nor may students come and go from the party frequently.
- Only single servings may be purchased; no pitchers are permitted.
- Students may not purchase more than one alcoholic beverage at a time.
- No University employee or student may certify age; only licensed agent may authorize age appropriate sale or provision.
- Club officers and advisors will be held responsible for upholding these regulations. Violation of these regulations may result in judicial proceedings for the officers and for the club as a whole.
Tobacco and E-cigarettes
In consideration of the health and safety of all University students, employees, and visitors, and in compliance with Iowa State law (Iowa Code Chapter 142D), the use of any form of tobacco is prohibited in, or on, any University property.
This policy prohibits the use of any form of tobacco, or tobacco-like products (such as vapes, electronic cigarettes or smokeless tobacco) in, or on, but is not limited to all of the following: university grounds including parking lots, athletic fields, and any other outdoor area under the control of St. Ambrose University, residential housing, offices, classrooms, student residences, lounges, hallways, dining facilities, rest rooms, entryways and enclosed areas owned by the university. The use of any form of tobacco or tobacco-like products is prohibited at all times in university-owned vehicles. Smoking is prohibited inside any vehicle, whether university owned or privately owned, located on school grounds.
D.4.viii. The possession or use of any form of tobacco, or tobacco-like products including electronic-cigarettes (or vaping devices) whether you are of legal age or not. This includes, but is not limited to: parking lots, athletic fields, residential housing, hallways, restrooms, entryways and enclosed areas. Smoking or vaping is prohibited inside any vehicle, whether University-owned or not.
Controlled Substances
In compliance with the Drug Free Schools and Communities Act of 1989 and the Drug Free Workplace Act of 1988, all St. Ambrose University students are herein notified that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is strictly prohibited. Controlled substances include but are not limited to: cannabis, cocaine, heroine, acid, LSD, methamphetamine. Parents or legal guardians may be notified concerning violations of underage possession, use, or provision to others of alcohol or any illegal substances, as provided under the Higher Education Amendments Act of 1998.
D.4.ix. The unlawful possession, manufacture, distribution, use, or sale of drugs or drug paraphernalia.
D.5. Bribery and/or Extortion
D.5.i. Bribery, attempted bribery, or acceptance of a bribe, and/or failure to report a bribe. Bribery is the offering, giving, receiving, or soliciting anything of value to sway the judgement or action of a person in a position of trust or influence. Examples include Student Conduct Officers, Administrative Hearing Board members, Public Safety officers, Resident Advisors, etc.
D.5.ii. Extortion includes, but is not limited to, getting or attempting to get money and/or anything of value by violence, threats, and/or misuse of authority.
D.6. Demonstrations
D.6.i. Participating in/and or promoting an unauthorized demonstration on the campus or within the interior of any University building or structure, except as specifically authorized and subject to reasonable conditions imposed to protect the rights and safety of other persons, and to prevent damage to property. Demonstrations must be approved in advance by the appropriate campus Dean of Students Office.
D.7. Discrimination
The University is committed to preventing harassment while protecting individual rights. We believe that a rich variety of cultures, experiences, and views are critical to the academic mission of Catholic higher education.
D.7.i. Treating an individual or group of individuals adversely (e.g. denying rights, benefits, equitable treatment, or access to facilities or groups open to all others) based on the following protected characteristics: race, sex, gender, sexual orientation, color, national origin, religion, age, disability, or legal standing.
D.8. Disorderly Conduct
The functions of the University must be able to proceed without disruption in order to maximize educational impact.
D..i. Conduct that an individual knowingly engages in an unreasonable manner such as to alarm or disturb another and/or to provoke a breach of the peace. This includes behavior that is considered, by commonly accepted standards, to be immoral, lewd, or indecent.
D.8.ii. Any behavior that disrupts or obstructs the orderly processes of the living or learning environment of the campus, residences, or at a University-sponsored or supervised function or event. Includes actions that obstruct or deny access to University services or facilities. Inciting others to attempt such acts is also prohibited.
D.8.iii. Abuse of self or others through physical/emotional abuse, threats, intimidation, violence, and/or other conduct which threatens or endangers the health or safety of any person, including one’s self.
D.8.iv. Strong odors or odor of a drug that more than one individual can reasonable trace to a specific individual or location.
D.9. Firearms and Weapons
D.9.i. Possession, use, and transportation of any firearm, blade, dangerous, potentially dangerous, or any object intended to be used as a weapon(s) on University properties. This policy shall not apply to duly authorized law enforcement officials in the lawful discharge of their duties. This includes non-functional and/or ornamental version of the previously mentioned items.
D.9.ii. Pellet guns, BB guns, air guns, taser or stun gun, or any other object a reasonable person may believe to be a gun.
D.9.iii. Explosives, and explosive devices.
D.10. Fiscal Misconduct
D.10.i. Falsification of University or student club or organization financial records.
D.10.ii. Any purchase and/or financial transaction made without appropriate organization membership and/or institutional approval (e.g. signature of contracts, travel expenses, rentals, etc.)
D.10.iii. Failure to relinquish student organization financial records to officers, advisors, and/or University and/or SGA officials.
D.10.iv. Failure to uphold the financial obligations and agreements entered into on the part of an individual or student organization.
d.10.v. Forgery of financial documents and/or embezzlement.
D.11. Group Offenses
D.11.i. Actions by organizations, societies, clubs, and similarly organized groups that result in violations of University policies.
D.12. Harassment and Bullying
D.12.i. Harassment and bullying are defined as: Any repeated and targeted electronic, written, verbal, or physical act or conduct toward a student that creates an objectively hostile school environment that meets one or more of the following conditions:
- Places the student in reasonable fear of harm to the student's person or property
- Has a substantially detrimental effect on the student's physical or mental health
- Has the effect of substantially interfering with a student's academic performance
- Has the effect of substantially interfering with the student's ability to participate in or benefit from the services, activities, or privileges provided by a school
The distinction between bullying and harassment is that when the bullying behavior directed at the target is also based on a protected class, that behavior is then defined as harassment. Protected classes include race, color, religion, sex, age, disability and national origin.
Cases of suspected harassment based on sex should be reported to the Title IX Coordinator. Refer to the Title IX section of this handbook.
All other cases of harassment should be reported as conduct.
D.13. Hazing
Hazing occurs when a person intentionally or recklessly engages in any act or acts involving forced activity* which endangers the physical health or safety of another student for the purpose of initiation or admission into, or affiliation with, any organization operating in connection with a school, college, or university. Prohibited acts include, but are not limited to, any brutality of a physical nature such as whipping, forced confinement, alcohol use, or any other forced activity which endangers the physical health or safety of another student. Individuals and groups can be held responsible for incidents of campus hazing.
- *
For purposes of this section, “forced activity” means any activity which a condition of initiation or admission into is, or affiliation with, an organization, regardless of a student’s willingness to participate in the activity.
D.13.i. Level 1 hazing violations include, but are not limited to: verbal abuse, servitude, shaming, and/or shunning
D.13.ii. Level 2 hazing violations include, but are not limited to: physical abuse, property damage, mental duress, forced/coerced substance abuse, consumption, participation in public or private activities, and sexual acts.
D.14. Health and/or Safety Standards
A violation includes creation of a health and safety hazard for any member of the university community or guest and campus visitors. Examples of health and safety hazards include, but are not limited to:
D.14.i. Participating in dangerous pranks; hanging out of or climbing on windows, balconies, or roofs; or any other conduct that creates an unreasonable risk of harm to a person or property.
D.15. Improper Computer Usage
D.15.i. Obtaining access to a computer and/or account assigned to another person, or attempting to read or access another person's email or private student data.
D.15.ii Unauthorized tampering with or modification of network resources.
D.15.iii. Using University computers and/or the network to violate any other Residence Life Policy, Code of Conduct, or state and/or federal law.
D.15.iv. Actively developing or knowingly distributing a computer virus, worm, or Trojan Horse.
D.15.v. Using technology, including AI-generated images or videos, to threaten, harass, or invade the privacy of another person.
D.15.vi. Copying or distributing software in a violation of copyright laws, license agreements, and intellectual property as outlined in the Copyright Law of the United States of America, revised March 1, 1989, in Title 17 of the United States Code, Section 117. Visit the website to learn more about the SAU Copyright Infringement Policy.
D.15.vii. Assisting another person to do any act proscribed here in D.15 Improper Computer Usage.
D.16. Physical Assault
D.16.i. Unwelcome physical contact that is intentional or reckless including, but not limited to, striking, slapping, hitting, punching, shoving, or kicking another person. Students are also encouraged to file a report with their local police department.
D.17. Political Activity
St. Ambrose University is a 501(c)(3) charitable organization and will not participate or intervene in political campaign activities in support of, or in opposition to, any candidate for public office.
- In addition:
- No University or employee office may be used as a return address for the solicitation of funds for political campaigns on behalf or against any candidate for public office.
- University web pages may not be used on behalf of, or against, any candidate for public office.
- Employees may not perform tasks in any way related to a political campaign for public office in their capacity as a University employee, nor should any employee be coerced to engage in any type of political activities, including monetary contributions.
- If employees choose to participate in political activity in their individual capacity, such political activity must be performed outside of normal work hours, during a leave of absence without pay taken with the University’s approval or within ordinary work hours if the time is charged to paid time off which the employee is entitled to.
D.18. Sexual Harassment Policies
As a Catholic University that believes the complete and genuine expression of love through sex requires the commitment to marriage, premarital sex is in no way condoned.
Sexual harassment generally involves conduct that is sexual in nature, that arises from a romantic setting, or that otherwise meet the elements of a crime.
Consent means words or actions that a reasonable person would understand as agreement to engage in the specific sexual conduct at issue:
- Must be contemporaneous with the sexual conduct and can be withdrawn at any time
- Cannot be procured by threats, blackmail, or other improper pressure
- A person below the minimum age of consent where the sexual conduct occurs cannot give valid consent
- If a person is incapacitated due to the use of drugs or alcohol, a physical or mental condition, or because of sleep, the person is incapable of giving consent
Incapacitation is state where a person does not appreciate the nature or fact of sexual activity due to the effect of drugs or alcohol consumption, medical condition or disability, or due to a state of unconsciousness or sleep.
The following is a list of prohibited sexual harassment offenses that violate this code and that may be subject to Federal Title IX regulations and compliance.
D.18.i. Quid Pro Quo Harassment. Quid pro quo harassment occurs when an employee of the institution conditions the provision of some aid, benefit, or service on another person’s participation in unwelcome sexual conduct. This situation often arises in the employment context or where an employee holds a position of authority over a student.
D.18.ii. Hostile Environment Harassment. Hostile environment harassment unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.
D.18.iii. Sexual Assault. Sexual assault is an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Includes: rape, statutory rape, fondling, and incest
- Rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ or another person, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
- Statutory Rape is the nonforcible sexual intercourse with a person who is under the statutory age of consent.
- Fondling includes the intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation; the forced touching by the victim of the actor's clothed or unclothed body parts, without consent of the victim, for the purpose of sexual degradation, sexual gratification, or sexual humiliation. Fondling includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
- In the state of Iowa, incest is defined as a person, except a child, who performs a sex act with another whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of the whole or half blood, aunt, uncle, niece, or nephew, commits incest. Incest is a class D felony.
D.18.iv. Domestic Violence. Felony or misdemeanor crimes of violence under any of the following circumstances:
- The assault is between family or household members who resided together at the time of the assault.
- The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.
- The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
- The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault.
- (1) The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors:
- The duration of the relationship.
- The frequency of interaction.
- Whether the relationship has been terminated.
- The nature of the relationship, characterized by either party’s expectation of sexual or romantic involvement.
(2) A person may be involved in an intimate relationship with more than one person at a time.
D.18.v. Dating Violence. Violence committed by a person: who is or has been in a social relationship of a romantic or intimate nature with the victim, and, where the existence of such a relationship will be determined based on consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
D.18.vi. Stalking. Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to: fear for their safety or the safety of others, or suffer substantial emotional distress.
Examples include, but are not limited to:
- Non-consensual repeated communication including in-person communication, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, gifts, ordering goods or services for, or any other communications that are undesirable
- Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a recipient of unwelcome conduct
- Monitoring online activities, surveillance an other types of observation whether by physical proximity or electronic means, attempts to gather information about the recipient of unwelcome conduct
- Vandalism, including attacks on data and equipment
- Direct physical and/or verbal threats against a recipient of unwelcome conduct or loved ones of a recipient of unwelcome conduct, including animal abuse
- Defamation or slander against the recipient of unwelcome conduct; posting false information about the recipient of unwelcome conduct; posing as the complainant in order to post to web sites, news groups, blogs, or other sites that allow public contributions; generating AI images and posting them on social media or distributing widely, and/or encouraging others to harass the recipient of unwelcome conduct;
- Posing as someone other than oneself to initiate transactions, financial credit, loans, or other contractual agreements;
- Arranging to meet the recipient of unwelcome conduct under false pretenses.
The following is a list of prohibited sexual harassment offenses that violate this code, but are not subject to Federal Title IX regulations and compliance.
D.18.vi. Sexual Exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his or her own benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual harassment offenses.
Examples include, but are not limited to:
- Non-consensual video or audio recording of sexual activity, or generating false videos or audio with AI
- Sharing a consensual video or audio recording with other people, without the consent of the parties involved in the video
- Pandering another student
- Allowing other people to observe a consensual sex act without the other person's permission and/or knowledge
- Engaging in voyeurism
D.18.vii. Sexual intimidation is threatening another person that you will commit a sex act against them and/or engaging in indecent exposure.
D.18.viii. Generation and/or distributing AI material that depicts nudity, sexual acts, or other lewd and/or profane behavior that depicts or references another member of the University community
D.19. Theft
D.19.i. Taking or attempting to take, or being in possession of, another's property, personal, public or institutional; physical, electronic or intellectual, without explicit permission or legal claim. Includes eating food you have not paid for.
D.19.ii. Receiving any property or item that a reasonable person would believe was originally stolen or given by a person without authorization to give.
D.20. Trespass
D.20.i. Failure or refusal to leave University grounds, a University facility, or a specific portion of a facility, when requested by any University official.
D.21. Unauthorized Activity
D.21.i. The unauthorized entry, occupation, or exit of any university building or room (e.g. room, building, facilities, or area of any campus) including such entry or occupation at any unauthorized time, or an unauthorized or improper use of any University property, equipment or facilities. The authorized door to each campus building must be used to gain entry and exit from the room/building.
d.22.iii. Abuse of student identification cards and/or University keys. All University students, faculty, and staff are issued an identification card that can be programmed to grant access to approved buildings. This card is linked to individuals directly. Possession and/or use of another individual's identification card, with or without permission, is considered a violation of this code. University keys are assigned to individual faculty and staff.
D.22. Unmanned Aircraft System
The use of any property owned, leased, licensed or otherwise controlled by the University, including, but not limited to, any “air rights” recognized by federal or state law, to operate any Unmanned Aircraft Systems (“UAS”), commonly referred to as “unmanned aerial vehicles” or drones, as well as any small unmanned aircraft or model aircraft (“model aircraft”), poses inherent health, security, and privacy risks to the University community. Accordingly, use of University property or air rights for the purpose of operating any UAS or model aircraft is prohibited at all times. This prohibition includes the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the vehicle. The use and operation of UAS is strictly regulated by the Federal Aviation Administration and is also governed by state law. Any person who observes the use of any UAS or model aircraft on University property should immediately notify their campus Department of Public Safety.
D.22.i. Use or operation of any UAS or model aircraft will be in violation of this policy shall be subject to all criminal and civil penalties and liability to the maximum extent possible under federal and state law.
D.23. Vandalism, Destruction, Damage, and/or Misuse of Property
The University strives to keep all facilities and university property in excellent condition.
D.23.i. Intentional, negligent, or attempted acts resulting in destruction, damage, abuse, fraudulent or misuse of University or private property.
D.24. Violation of Any Other Rule, Regulation, or Policy
D.24.i. Violation of any other regulation or any other rule or policy that may be promulgated by the CEO of St. Ambrose University, Mount Mercy Campus President, or an authorized representative, by any department, residence, office or other facility within the scope of its authority, provided such rules, regulations or policies were published, posted or otherwise adequately publicized or the student had actual knowledge of such rule, regulation or policy.
D.24.ii. Acts against the administration of this code includes violations of conduct, not covered in this handbook, but are considered detrimental to the educational process, missions or goals of the University or threatening the health, well-being, or safety of any member of the University community.
D.24.iii. Violation of any city, state, and/or federal law.
DEFINITIONS
A
Alcohol: For the purposes of this policy, "alcohol" refers to any traditional alcoholic beverage, powdered alcohol ("palcohol"), low alcohol beer ("non-alcoholic", "near beer", etc.), and empty alcoholic containers (used or otherwise).
B
Bias: a prejudice, predisposition, or inclination in favor of or against a thing or person.
- Title IX and Conduct panel team members must be free of bias against complainants or respondents generally, or a specific complainant or respondent
C
Conduct Officer: is any person or persons authorized by the Dean of Students or the Student Conduct Administrator, to determine whether a student has violated the Student Code of Conduct and to determine appropriate sanctions for the violation. This can be a single individual, such as a Hearing Officer (individual faculty or staff member), a group of people, such as a Conduct Board or Appellate Board, and/or, in instances of academic dishonesty, a faculty member.
Conspiracy: choosing to help with the planning or implementation of any violation of the Code of Conduct will be treated as committing the violation and carry the same outcome.
Force (in regard to consent):is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
Coercion (in regard to consent): is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to obtain consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
NOTE: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
Conduct Review Officer: is any professional staff member with experience or appropriate training in the type of student conduct review process. The Hearing Officer must also be free from any known biases toward those involved in the incident or the type of incident under consideration.
Conflict of Interest: when an individual has a material connection to a dispute, or the parties involved, such that a reasonable person would question the individual’s ability to be impartial
- May be based on prior or existing relationships, professional interest, financial interest, prior involvement, and/or nature of position
Consent: words or actions that a reasonable person would understand as agreement to engage in the specific sexual conduct at issue:
- Must be contemporaneous with the sexual conduct and can be withdrawn at any time
- Cannot be procured by threats, blackmail, or other improper pressure
- If a person is incapacitated due to the use of drugs or alcohol, a physical or mental condition, or because of sleep, the person is incapable of giving consent
- A person below the minimum age of consent in the state where the sexual conduct occurs cannot give valid consent
D
Dating Violence: violence committed by a person:
- Who is or has been in a social relationship of a romantic or intimate nature with the victim, and
- Where the existence of such a relationship will be determined based on consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship.
Discriminatory harassment: In addition to sexual harassment as defined in this handbook, the University prohibits harassment based on any other characteristic protected by law, including, race, color, national origin, creed, religion, age, disability, sex, gender identity and sexual orientation. Like sexual harassment, harassment based on one of these protected characteristics undermines the mission of the University through its detrimental impact on individual students, faculty and on the University community as a whole.
- Prohibited harassment is conduct based on one or more of the above characteristics that has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or of creating an intimidating, hostile, or offensive environment for work or learning.
- Examples of the types of behavior that may lead to other discriminatory harassment include unwelcome conduct aimed at another because of a protected characteristic that would denigrate, distress, or humiliate a reasonable person, such as:
- name-calling
- jokes or negative comments about protected characteristics
- physical intimidation
- vandalism or pranks
- displays of reading materials or pictures containing negative material about protected characteristics, including electronic materials.
- **This definition is not intended to restrict usual standards of academic freedom.
- Intimate Partner Violence Policy: The Campus SaVE Act requires institutions of postsecondary education eligible to participate in federal student aid programs to adopt, and disclose in their annual security report a summary of, a policy regarding sexual assault (an existing requirement of the Clery Act) and other intimate partner violence. The term “intimate partner violence” is defined to mean “any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual”. It includes stalking, dating violence, sexual violence, or domestic violence.
Domestic Violence: felony or misdemeanor crimes 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, 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.
E
Emotional Support Animal (ESA): is a pet described by a licensed mental health professional, such as a therapist, psychologist, or psychiatrist. The animal is part of the treatment program and is intended to bring comfort and minimize the negative symptoms of the person's emotional or psychological disability. Because is is the presence of the ESA that mitigates symptoms, the animal does not require specific training.
Evidence: any information submitted to a review. This may include but is not limited to written reports, written statements, audio recordings, video recordings, and photographs.
F
Faculty member: any person who regularly conducts classroom activities for the University.
False reports: deceitful allegations made against a person or about an emergency situation.
Fondling: includes:
- The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation
- The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim, for the purpose of sexual degradation, sexual gratification, or sexual humiliation
- This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation
Forgery: the unauthorized use of signatures, protected material, or licensed marks.
Fraud: the intentional perversion of the truth for the purpose of inducing another person or entity to surrender something of value or to surrender a right.
H
Harassment: behavior that is unwelcome and sufficiently severe, persistent, or pervasive that unreasonable interferes with, limits, or denies someone’s ability to participate in or benefit from the university’s educational programs and/or activities and is motivated by a recognized bias.
Hazing: is an act that is:
- Intentional, knowing, or reckless
- Committed by a person (alone or in concert with others)
- Against another person or people (regardless or the other person's/people's willingness)
- In the course of an initiation into, an affiliation with, or the maintenance of membership in a student organization, and
- Causes or creates a risk of physical or psychological injury
Hostile environment: an environment that seriously interferes with or limits a person’s ability to participate or benefit from St. Ambrose University’s programs and services on any campus. The more severe the conduct is, the less pervasive it needs to be for action to be taken by the University. I.e. a single or isolated severe incident could be sufficient to create a hostile environment.
Hostile environment harassment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity
I
Incapacity: A state where a person does not appreciate the nature or fact of sexual activity due to the effect of drugs or alcohol consumption, medical condition or disability, or due to a state of unconsciousness or sleep.
M
Member of the University community: can include any person who is: 1. a student; 2. a faculty or staff member; 3. a University official; 4. identified to conduct business for the University; or 5. Guests (includes but not limited to, volunteers, event attendees, participants in university sponsored co-curricular or auxiliary programs). Final determination to be made by the Dean of Students or student conduct administrator.
P
Passive Participant: is a student who is present at an incident where a violation is occurring and the student’s behavior shows he/she did not choose to remove him/herself from the situation - even if he/she did not directly participate in the violation.
Protected characteristics: are personal characteristics or factors that cannot be targeted for discrimination or harassment. For purposes of the Student Code of Conduct the following characteristics are considered protected and individuals cannot be discriminated against or harassed based on these characteristics: race, color, religion, sex, gender, age, sexual orientation, pregnancy, national origin, physical or mental disability, veteran status, genetic information, or any other status protected under applicable federal, state, or local law.
R
Rape: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, or by a sex-related object
- This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age
- Physical resistance is not required on the part of the victim to demonstrate lack of consent
Reasonable Effort to Communicate: it will be considered a reasonable effort to contact a student if the University staff/faculty has attempted to contact a student through their official University email and one additional means of reaching out (e.g. phone call, text message, etc.).
Reasonable Time Frame: the University will strive to complete all steps of the conduct process within a reasonable amount of time from the date the University is first notified. While we strive to complete the process withing 60 business days, this timeline can be extended or impacted by breaks and disruptions to the student's presences on campus.
Registered Student Organization: means any group of individuals who have complied with the formal requirements for Mount Mercy Student Government Association recognition.
Reporting Person: any student negatively impacted or victimized by a policy violation. If there is no immediate student reporting person, the university community will be considered the victim of a specific act.
Respondent: any student suspected of violating a University or Title IX policy.
Responsible: a student may be found and held responsible for any violation of policy he or she creates, promotes or allows to happen.
Retaliation: Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX and its implementing regulations or because an individual has made a report or complaint, testified, assisted, or participated in or refused to participate in any manner in an investigation, proceeding, or hearing under the institution’s policy.
Review: a structured meeting designed to elicit the information needed to reach a decision about a policy violation while providing the Respondent with the ability to challenge statements and evidence.
S
Sanction: Any outcome from a conduct review process that is meant to educate a student, restore the community from the impact of an incident, and/or reduce the likelihood of subsequent violations.
Sexual abuse: as defined by Iowa Code, is any sex act between persons in any of the following circumstances:
- The act is done by force or against the will of the other. If the consent or acquiescence of the other is procured by threats of violence toward any person, or if the act is done while the other is under the influence of a drug inducing sleep or is otherwise in a state of unconsciousness, the act is done against the will of the other.
- Such other person is suffering from a mental defect or incapacity which precludes giving consent, or lacks the mental capacity to know the right and wrong of conduct in sexual matters.
- Such other person is a child.
Sexual Assault: an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation
Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to: fear for their safety or the safety of others, or suffer substantial emotional distress.
Statutory rape: nonforcible sexual intercourse with a person who is under the statutory age of consent
Stereotypes: a form of bias that operates as a preconceived, generalized, and sometimes inaccurate belief about a person based on their membership in a group or some other characteristic
Student: all persons taking courses at the University, either full-time or part-time, degree seeking or non-degree seeking, as well as persons who have been admitted but are not yet taking classes. Persons who withdraw after allegedly violating the standards of conduct, who are not enrolled for a particular term but who have continuing relationships with the University (including suspended students), or who have been notified of their acceptance for admission are also considered students.
Substantive Grounds: direct or verifiable information a reasonable person would use to form a basis for the supposition that either a policy violation occurred or that a respondent was responsible for the violation.
U
University: Saint Ambrose University (as the parent institution of the Saint Ambrose and Mount Mercy campuses)
University Official: includes any person employed by the University performing assigned administrative or professional responsibilities including but not limited to entities such as Parking and Transportation and Resident Assistants acting as University employees.
University premises: includes all land, buildings, facilities, and other property in the possession of (or owned, used, leased, or controlled) by the University including, but not limited to, items such as adjacent streets and sidewalks, vehicles, and computers, web sites and university owned and/or operated computer networks, including wireless internet access.
V
Victim: any person who experiences a loss of health, general and reasonable well-being, or property. This person does not have to make or file a complaint or report with the University to be considered the victim of a specific act.
W
Witness: any person who through direct sensory input is aware of behavior that is considered a risk under or contrary to the Code of Conduct, and who did not create, promote or allow the action.
