Consequences

5. The Vice President for Student Development & Dean of Students or his/her designee(s) reserves the right to extend or reduce any deadlines associated with the Accountability

Process if the effect of the extension or reduction would benefit the student. 6. The Vice President for Student Development & Dean of Students or his/her designee(s) reserves the right to place a Student Affairs hold on a student’s account to bar withdrawal while an Incident is pending accountability.

Confidentiality

1. Decisions regarding accountability matters are confidential and become a part of the student’s educational record, and are, therefore, subject to federal regulations set forth in the Family Educational Rights and Privacy Act (FERPA) of 1972. Those involved in inquiries should not comment on any aspect of the case or outcome with anyone other than the student unless allowed to do so in accordance with FERPA, Title IX, Clery Act, or other federal provision related to student privacy. 2. Should anyone involved in the accountability process be asked for public comment, he or she should be aware of his or her duty to refuse comment and instead should refer the question to the Vice President for Student Development & Dean of Students or his or her designee for an official statement. 3. Persons found to be in violation of this Confidentiality provision will be subject to university accountability action. Such disclosure of information is not only in violation of university policy but also of federal statutes. 4. Upon request, the university will disclose the results of any accountability proceeding conducted by the institution against a student who is the alleged perpetrator of any crime of violence or a non-forcible sex offense to the alleged victim or his/her next of kin if the alleged victim is deceased.

Documentation of Accountability Record

1. All documentation related to the incident will be placed in the student’s conduct file. A student’s accountability file(s) and record(s) will be maintained by the Student Development Office. 2. All accountability files and records will be retained for 10 years.

Disruption of Accountability Process

1. No one will engage in conduct that disrupts an Inquiry, lessens the authority or dignity of an Accountability Officer, or otherwise obstructs justice on campus. 2. No one will cause, attempt to cause, or coerce a student to give false information in any Inquiry. 3. Students will fully comply with instructions of an Accountability Officer. 4. Behavior that disrupts the Accountability Process will be treated as a violation of the Spartan Commitment of Critical Thinking and Discernment.

Consequences Philosophy

The philosophy behind Missouri Baptist University’s Consequences is developmental. We believe in an ongoing developmental process of individuals’ assuming responsibility for the effect their behaviors have on themselves. Additionally, students are expected to engage in individual behavior that creates a mutually beneficial living and learning community for all. In determining appropriate Consequences for incidents, the institution is guided by three considerations that foster the student’s development.

1. Education a. What type of Consequence will assist the student in understanding why the commitment and/or policy violated is important? b. What type of Consequences will either cause or reaffirm the student’s reflection on his or her behavior? c. What impact does the student’s behavior have on him or her and the campus community? 2. Restoration & Restitution a. What Consequence will make the student or community whole, as if the behavior had never happened? 3. Duty to Community a. What Consequence will serve as a deterrent to future behavior of the student and other members of the MBU Community? b. What Consequence is necessary, to communicate to the student the seriousness of the violation, signify to the MBU community that this type of behavior is unacceptable, and reassure the community the university will uphold other’s accountability to their responsibilities? c. What Consequence is necessary to encapsulate the shock or insult the community feels as a result of a particular act?

Potential Consequences

In all cases, sanctions for violation(s) can include, but are not limited to, the following: 1. Verbal Reprimand. 2. Written Reprimand. 3. Removal of University Housing. A person removed from MBU housing for accountability reasons will be responsible for all housing charges assessed for the semester he/she is removed. Students will forfeit their housing deposit. Additionally, the student will be responsible for the complete payment of his/her current meal plan, unless he/she receive an exemption from University Housing. 4. Restitution and/or Fines. 5. Reflection Essays. 6. Letters of Apology. 7. Required attendance in educational seminars, programs, etc. 8. Drug Testing. 9. Loss of privileges, such as the privilege to move off-campus, membership in cocurricular organizations, etc. 10. Permanent No-Contact Orders between involved individuals. 11. Permanent No-Trespass Order on MBU’s campus for an individual. 12. Limited Probation. Limited Probation is defined as a period of time during which any further violation of the same nature within the Code of Conduct puts the student’s status with the University in jeopardy. If the student is found “responsible” for another violation of the same nature during the period of Limited Probation, serious consideration will be given to imposing a sanction of Institutional Probation, Suspension or Expulsion. Limited Probation could potentially affect the students’ ability to represent the University in leadership positions or on athletic teams, participation in student activities or study abroad opportunities, your entrance into University residence halls or other areas of campus, or contact with another specific person(s). The University may choose to treat violations of a different nature either as separate from the limited probation or extend the limited probation to encompass that

behavior. In those circumstances, the University will consider the totality of the students’ conduct record when determining an appropriate sanction. 13. Institutional Probation. Institutional Probation is defined as a period of time during which any further violation of the Code of Conduct puts the student’s status with the

University in jeopardy. If the student is found “responsible” for another violation during the period of Institutional Probation, serious consideration will be given to imposing a sanction of Suspension or Expulsion. Institutional Probation could potentially affect his/her ability to represent the University in leadership positions or on athletic teams, participation in student activities and study aboard opportunities, entrance into

University residence halls or other areas of campus, or contact with another specific person(s). 14. Deferred Disciplinary Suspension. Deferred Disciplinary Suspension is used for offenses found serious enough to warrant Disciplinary Suspension, but where the specific circumstances of the case mitigate the offense or for repeated offenses of a less serious nature. Deferred Disciplinary Suspension is a designated period of time during which a student is given the opportunity to demonstrate the ability to abide by the community’s expectations of behavior articulated in the Rules of Conduct. During a

Deferred Disciplinary Suspension, the student will be officially suspended from the university, but the suspension will be deferred, meaning that the student may continue to attend classes. The suspension will be enforced for failure to complete any assigned educational sanctions by the deadline(s) and/or for any subsequent violation of the

Rules of Conduct, unless the Vice President for Student Development & Dean of

Students determines otherwise in exceptional circumstances. If the student is found in violation for any subsequent violation(s) of the Rules of Conduct while on Deferred

Disciplinary Suspension, including failure to complete any assigned educational sanctions by the deadline(s), the student will be suspended for a minimum of two one (12) semesters, in addition to the educational sanctions imposed for the subsequent violation. Students placed on Deferred Disciplinary Suspension will have a conduct overlay placed on their transcripts for the period of time that the Deferred Disciplinary

Suspension is in effect. The conduct overlay is a notation indicating that the student is not in good standing. Deferred Disciplinary Suspension may include the denial of specific university privileges, including but not limited to loss of good standing, which may become a matter of record; denial of the privilege to occupy a position of leadership or responsibility in an University registered student organization, publication, or activity, or ability to represent the University in an official capacity or position; trespass of University facilities or other areas of campus or contact with another specified person(s). The duration of any Deferred Disciplinary Suspension period and the specific restrictions imposed will be determined by the OSC on a caseby-case basis. 15. Suspension from Missouri Baptist University. Separation from the University for a specified period, which includes loss of all tuition, fees, coursework and other privileges of an enrolled student. 16. Expulsion from Missouri Baptist University. Separation from the University without the possibility of readmission. A student will lose all tuition, fees, coursework and other privileges of an enrolled student.