Code of Student Conduct

A. Purpose, Authority, Application

Purpose

As members of the College community and greater society, students have basic rights and responsibilities. These regulations set forth the College’s expectations for student conduct and procedures governing student discipline. The College intends that this Code of Student Conduct help students to proactively build relationships and community on the foundation of virtue and traditional culture, in accordance with the College’s mission and values.

Authority

These regulations are established pursuant to the authority delegated to the President by the Board of Trustees for the establishment of a Code of Student Conduct. Ultimate authority over student conduct and discipline is vested in the President, who has discretion to take immediate and final action for any violation of College policies. Such authority may be delegated as set forth in this Code or in other appropriate policies adopted by the President.

As members of an academic community and the greater society, students may be accountable both to the College and to civil and criminal authorities for acts that constitute violations of both this Code and the law. Conduct proceedings at the College may proceed independently of and during the pendency of external proceedings.

Application and Scope

These regulations apply to all students and student groups at the College, unless in special circumstances the President directs otherwise. They apply to conduct that occurs on College property, at College sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. The President shall decide on a case-by-case basis whether the Code shall be applied to conduct that occurs off campus.

The adoption of this Code does not prohibit individual campuses from developing campus-wide policies when unique campus factors necessitate modification of this Code and the campus policies would not be inconsistent with or less restrictive than this Code.

Any case involving an allegation of sexual misconduct shall proceed according to the specific requirements set forth in the Article 129-B Policies in addition to the general requirements of this Code.

Amendments

Any amendments to this Code shall remain in effect until rescinded or modified by the President. Amendments may be proposed at any time by faculty, staff, or the Board of Trustees. The President shall conduct a review of this Code every two years for the purpose of identifying any necessary updates resulting from changes in applicable law or College policy.

Definitions

“Campus” shall mean all College grounds, structures, and other property owned, controlled, supervised, used, or occupied by the College, and adjacent streets and sidewalks.

“Code of Student Conduct” shall mean the Honor Code, the standards for student conduct, and the student disciplinary process.

“College” shall mean Fei Tian College and includes all campuses.

“Informal action” shall mean an action designed to educate students about the behavioral standards expected of them as members of the College community and to hold them accountable for inappropriate conduct.

“Members of the College community” shall mean faculty and staff, students, trustees, and officers of the College.

“Student” shall mean an individual for whom the College maintains student records and who: (a) is taking courses at the College or enrolled in a College program; (b) is participating as a student in College activities prior to the start of classes; (c) is on an approved leave; (d) is not otherwise presently enrolled or registered for a particular session but has a continuing relationship with the College; (e) withdraws, transfers, or graduates after an alleged violation of the Code; or (f) already graduated when the conduct at issue implicates the student’s College degree.

B. Student Conduct

Honor Code

The Honor Code is a principle-based code that reflects the moral ideals and standards of the institution. By being admitted or continuing enrollment, each student personally commits to observe these Honor Code standards:

Act honestly.
Cherish virtue.
Respect others.
Obey the law and comply with College policies and campus regulations.
Cultivate a noble and responsible character.
Encourage others in their commitment to abide by the Honor Code.

General

Students and, to the extent applicable, student groups are expected and required to obey the law, to comply with College policies, with campus rules and regulations, with directives issued by College officials, and to observe the standards of conduct appropriate for an institution of higher learning. Students are expected to make choices that preserve a safe environment, to respect the rights of others, to practice responsible citizenship, and to be accountable for their own actions and the conduct of their guests. A student who violates these general standards of conduct may be subject to disciplinary action.

Dress and Grooming Standards

The dress and grooming of students should be modest, neat, and clean. Clothing is inappropriate when it is revealing, sleeveless, strapless, short (skirt and pants length should be knee-length or longer), excessively form-fitting, or unnaturally ripped or faded. In addition, logos or symbols that promote inappropriate messages should not be worn. Footwear should not have excessively high heels or expose the toes (unless in the residences). Heavy and dramatic makeup and unnatural-looking hair dyes should be avoided. Exposed tattoos and piercings or jewelry affixed to the nose, tongue, cheek, lip, or eyebrow are inappropriate.

Academic Integrity Policy

Integrity is a core value of the Fei Tian experience. Academic misconduct undermines the educational process and the sense of integrity that characterizes the College community. It is expected that all academic goals be achieved through honorable means. Specifically, students are expected to support and abide by the provisions of this Academic Integrity Policy, which prohibits: plagiarism; cheating on assignments or examinations; engaging in unauthorized collaboration on academic work; taking, acquiring, or using course materials without faculty permission; submitting falsified records of academic achievement; obtaining dishonestly grades, honors, or awards; altering, forging, or misusing a College academic record; or fabricating or falsifying data or data analysis. Suspected academic misconduct may be reported through the procedures set forth in this Code.

Prohibited Conduct

The following types of actions constitute misconduct that may result in disciplinary action. Where appropriate, failure to prevent one’s guests from committing these acts may be treated as violations of this Code:

Abuse of the Code of Student Conduct. Includes but is not limited to: making, or causing to be made, a false report of an alleged Code violation; failing to comply with a notice to appear for a disciplinary meeting; falsifying or misrepresenting information in the disciplinary process; disrupting or interfering with the disciplinary process; and failing to comply with the disciplinary sanction(s) imposed under this Code.
Academic Misconduct. Any conduct that violates academic integrity, including but not limited to: plagiarism; cheating on assignments or examinations; engaging in unauthorized collaboration on academic work; taking, acquiring, or using course materials without faculty permission; submitting falsified records of academic achievement; obtaining dishonestly grades, honors, or awards; altering, forging, or misusing a College academic record; or fabricating or falsifying data or data analysis.
Aiding, Abetting, Assisting, or Facilitating Misconduct. Any conduct that indicates active association with or that actively encourages another person or persons whose conduct is in violation of this Code.
Attempt to Injure or Defraud. Conduct involving making, forging, printing, reproducing, copying, or altering any record, document, writing, or identification used or maintained by the College when done with intent to injure, defraud, or misinform.
Attempting to Engage in an Act Prohibited by the Code. An “attempt” is defined as conduct that, if successful, would constitute or result in the prohibited conduct. Any student who abandons an attempt or prevents the prohibited conduct from occurring under circumstances that demonstrate a complete and voluntary renunciation of the prohibited conduct will not be subject to disciplinary action.
Damage or Misuse of Property. Any conduct that damages, destroys, tampers with, or misuses College property or property of others, including but not limited to: misusing, altering, or damaging fire safety equipment, safety devices, or other emergency equipment or interfering with the performance of those specifically charged to carry out emergency services; or acting to obtain fraudulently—through deceit, unauthorized procedures, or misrepresentation—goods, services, or funds from College units, student groups, or individuals acting on their behalf.
Discrimination. Any conduct that is violative of the College’s Non-discrimination Policy.
Disorderly Conduct or Hooliganism. Conduct intended and likely to incite a breach of the peace.
Dress and Grooming Standards Violation.
Falsification. Any conduct involving falsification, including but not limited to: willfully providing College offices or officials with false, misleading, or incomplete information; forging or altering without proper authorization official College records or documents or conspiring with or inducing others to forge or alter without proper authorization College records or documents; misusing, altering, forging, falsifying, or transferring to another person College-issued identification; or intentionally making a false report of an emergency to a College official or an emergency service agency.
Firearms, Dangerous Materials, or Prohibited Items. Conduct including the use, possession, or display of: firearms; other weapons and items that could be used as weapons; fireworks; or any other items prohibited by the College, such as drugs, tobacco, alcohol, associated paraphernalia, or media and games that are vulgar, immoral, violent, or pornographic.
Harassment, Hazing, Intimidation, or Aggression: Any intentional or careless conduct that endangers or threatens to endanger the physical and/or mental health, safety, or welfare of another person, including, but not limited to: threatening, harassing, intimidating, bullying, or assaulting behavior.
Intimacy and Romantic Behavior. Conduct inappropriately displaying physical intimacy or romance.
Negative Influence. Conduct at odds with the College’s mission and values and that exerts a negative influence on other(s), the campus environment, or a College activity.
Obstruction or Disruption. Any conduct that unreasonably obstructs, disrupts, or interferes with a teaching, educational, research, administrative, disciplinary, or other activity or service authorized to be conducted or offered on or off campus, including but not limited to: misconduct in the classroom or other College setting; any act that damages or interferes with a utility service or equipment, such as College computers, computer programs, computer records, or computer networks accessible through the College’s computer resources; or any action of a student that fails to comply with lawful directions of College officials acting in the performance of their duties.
Prohibited Computer or Electronic Activity. Conduct that includes: unauthorized entry into a file to use, read, change the contents, or other purpose; unauthorized transfer of a file; unauthorized use of another individual’s identification and password; use of a computer or other electronic device to unreasonably interfere with the work of another student, faculty member, or College official; use of a computer or other electronic device to send obscene messages; use of a computer or other electronic device to unreasonably interfere with the normal operation of the College’s network; or use of a computer or other electronic device in violation of copyright laws.
Sexual Misconduct. All forms of sexual misconduct, including but not limited to: sexual harassment, sexual violence, domestic violence, dating violence, stalking, sexual exploitation, indecent exposure, and all non-consensual sexual contact or behavior.
Solicitation. Conduct that involves unauthorized solicitation, sale, or promotion of any goods or services on College property or at College-sponsored activities.
Theft or Unauthorized Possession. Conduct including theft, unauthorized possession of, or wrongful sale or gift of property.
Unauthorized Access or Use. Conduct involving accessing or using without authorization College property, services, or information systems, or obtaining or providing to another person the means of such unauthorized access or use, including, but not limited to, using or providing without authorization keys or access codes.
Violation of College Policies, Campus Rules and Regulations, or Official Directives.
Violation of Federal, State, or Local Law.

Sanctions

While the College intends that this Code be administered collegially to educate students, it also recognizes that there may be instances in which the nature and severity of the student’s behavior may warrant disciplinary sanctions up to and including expulsion. Types of sanctions that may be imposed in accordance with this Code of Student Conduct are as follows:

Warning. An oral warning to bring to the student’s attention a new or ongoing deficiency in conduct.
Probation. A status that puts the student on formal notice and may carry special terms to regain good standing. Requires a conduct proceeding and a review after the probationary period.
Suspension. A sanction that imposes an involuntary absence on the part of the student, and carries special terms to regain good standing. Requires a conduct proceeding and a review after the suspension period. Revocation of financial aid awards.
Dismissal. A sanction that completely removes the student from his or her program and separates the student from the College.
Expulsion. A sanction that results in permanent termination of student status, generally without grades.
Discretionary Sanctions. Other sanctions that bear reasonable relation to the violation for which the student has been sanctioned may be imposed instead of or in addition to other sanctions. E.g., restriction of student privileges, restitution, fines.

C. Procedures Governing Student Discipline

General

The student disciplinary process aims to assist the College and its students to preserve and enhance a learning environment conducive to achieving the aims of an FTC education and fulfilling the College’s mission. Where possible, the College intends that this process be administered to help educate students as to their moral responsibilities and aid them in developing their character. The College, at its discretion, may choose to investigate reported or suspected Code violations. Generally, the College shall follow the prescribed procedures. However, the institution reserves to each campus the right to, at its discretion, vary from them according to the circumstances of individual matters, so long as the student receives prior to the imposition of any sanctions, notice of the nature of the alleged or suspected violation(s) and an opportunity to respond.

No attempt will be made to apply formal or technical rules of evidence. In general, any information that is considered relevant will be received and reviewed, subject to the reasonable discretion of the Code administrator.

Any case involving an allegation of sexual misconduct shall proceed according to the requirements set forth in the Article 129-B Policies in addition to the general requirements of this Code.

Code Administrators/Disciplinary Managers

The student disciplinary process is under the direction of each campus’s chief academic officer (for academic matters) and Director of Student Affairs (for non-academic matters) (“Code administrators” or “Disciplinary managers”). If one incident involves both academic and non-academic issues, involves both undergraduate and graduate issues, involves more than one campus, and/or directly involves the Code administrator, the President or designee will decide which administrator(s) are to handle the matter.

Reporting Misconduct

Any person may report a suspected violation of this Code of Student Conduct to the Code administrator or other assigned appropriate personnel, who will review the reported allegation to determine the appropriate action to be taken from the following: Investigation. Begin an investigation into the matter if he or she determines that the allegation(s), if proven, could be considered a violation of the Code; Referral back for informal action. Refer the matter back to the Director of Student Affairs for the matter to be dealt with informally if the allegations do not constitute a violation of student conduct; or No action. Decide to take no further action with a written explanation of this decision. Reports should be made using the student incident report form, within a reasonable time of the alleged violation. Disciplinary action may be pursued if there is enough information available to substantiate the reported conduct. If information is discovered alleging that a past student of the College committed a Code violation at the time he or she was a student, a report shall be made to the responsible administrator, who shall determine the procedures to follow and the appropriate sanction.

Interim Actions

The President or designee shall have authority to take immediate and appropriate interim protective action when the alleged actions of a student jeopardize the well-being of that student or others or threaten the operations or safety of the College.

Investigations

Reports may be investigated if there is sufficient, reasonable, and credible information that a Code violation has occurred. The investigation may include interviewing the student and any witnesses or other persons having relevant information as the Code administrator deems appropriate. Following each investigation, the Code administrator will analyze the report and evidence. If it appears that the alleged violation(s) have not occurred, the Code administrator will drop the case and notify the student and, where appropriate, the reporting individual.

Notice

If it appears that the alleged violation(s) occurred, the Code administrator or designee will notify the student as to the nature of the alleged or suspected violation(s) and of the student’s opportunity to respond. Where appropriate, an attempt should be made to review the notice together with the student, discuss possible sanctions, and work with the student.

Conduct Proceeding

A student facing potential disciplinary sanctions other than an oral warning will be given a conduct proceeding in the form of a disciplinary meeting* with the Code administrator or a designated school agent. *Campuses may offer an alternative conduct proceeding in the form of a disciplinary hearing for complex cases. The purpose of the disciplinary meeting is to present the student with the evidence gathered and to provide him or her an opportunity to make representations. In limited circumstances (e.g., a risk of harm to the witness) a witness’s identity may be kept confidential unless to do so would prejudice the fairness of the proceedings. The following procedural guidelines apply to conduct proceedings: The student shall have an opportunity to respond to the information related to the alleged violation and may submit additional relevant information. If the student fails to appear at a disciplinary meeting, the matter may be adjudicated in absentia. The College participants will decide, on the basis of the evidence and the student’s representations, whether the allegation is proven. When there are significant discrepancies between the supporting information and the student’s response, the College will attempt to ascertain the truth and exercise reasonable discretion in assessing the credibility of the witnesses and strength of the evidence. If the allegation is considered to be proven, depending on the nature of the disciplinary offense, the Code administrator will ask the student to submit any additional evidence to decide on the appropriate sanction. The outcome of a conduct proceeding is to be determined based solely on the reasonable conclusion of the designated trier, and shall depend on the totality of all relevant factors, including but not limited to: the nature and severity of the transgression, the student’s attitude, and previous history. The Code administrator will prepare a decision and the outcome of the conduct proceeding shall be conveyed to the student. It is expected that most disciplinary cases will be resolved at this stage. The outcome of a conduct proceeding cannot serve as the basis for a grievance.

Appeal

Generally, the outcome of a conduct proceeding is a final decision. At least in proceedings that result in suspension, dismissal, expulsion, or revocation of financial aid, however, a case may be appealed to the appropriate reviewer (either the President or the Judicial Committee) under the following guidelines. Within five calendar days of the outcome of the conduct proceeding, the student must submit a letter of appeal to the reviewer. The appeal must specify grounds that would justify reconsideration. E.g. a significant procedural irregularity that changes the findings of fact of the proceeding; or new evidence that significantly alters the findings of fact. This appeal may not be made on the basis of general dissatisfaction with the decision of the trier. The reviewer will review the record and letter of appeal, and any other relevant information arising in the context of the appeal. The reviewer may also make independent inquiries to clarify statements in the record. After reviewing this information, the reviewer shall render a decision within no more than 45 calendar days of the filing of the appeal. The reviewer may, at the reviewer’s sole discretion, modify the sanction applied to the student based upon the appeal. Further, the reviewer may refer the matter back to the Code administrator for further evaluation with accompanying instructions if it is determined that the procedures followed were not appropriate or relevant information was not appropriately considered. The reviewer will deliver a decision to the student and to the Code administrator. Except in the case of a remand, the reviewer’s decision is final with no provision for further review. The decision on appeal cannot serve as the basis for a complaint.

Disciplinary Records

The College normally maintains a record of each proceeding that results in a sanction. Disciplinary records shall be maintained under the authority of the Code administrator, in accordance with the College’s record retention policy.