Members of the Lynn University community are expected to make good decisions and should refrain from activities that compromise individual integrity and/or the integrity of the University. The following alphabetized list describes expected community conduct, as well as prohibited behaviors relevant to the safety and security of the entire University. As the Student Code of Conduct applies both on and off of campus, if a University-sponsored event is held at an off-campus location, the University views any act of conduct inappropriate to the event as a violation of University policy. Students who violate policy will be held accountable through the University’s Conduct Review Process (see Procedures/Guidelines section below) and, depending on the nature of the alleged offense, may be subject to arrest by local or state agencies.
Any student or student organization that has allegedly attempted, planned, or committed any misconduct is subject to the Conduct Review Process as outlined in this Student Code of Conduct. In addition, a student who assists or has knowledge of another student or organization committing or attempting to commit a violation of University Policy is required to remove him or herself from the situation immediately; failure to do so when reasonable under the circumstances may result in that student being found responsible for the same violation(s).
We believe that it is in students’ interest to respect the rights of others and take action to preserve order on campus. The following items/actions lack value in the educational process and should serve as a guideline for appropriate decision making:
1. Acts of Dishonesty
Individuals are expected to represent themselves in an honest and forthright manner within the University community. It is expected that members of the University community refrain from actions that may be deemed dishonest including, but not limited to:
a. Providing false information, withholding relevant information, or supplying misleading information to a University official or law enforcement officer;
b. Forgery, alteration, or use of University documents or instruments of identification with the intent to defraud;
c. Tampering with the election process of any University recognized student organization;
d. Refusing to provide identification, misidentifying oneself or presenting a false identification;
e. Making a false or misleading oral or written statement that misrepresents the character, qualifications, or reputation of another;
f. Possessing and/or using any form of false or altered identification;
g. Misusing a Lynn University Identification Card, including transferring and/or copying ID cards, possessing another person’s University ID card, allowing another student or a non-student to use one’s Lynn ID card, or using the ID card in a fraudulent manner; and
h. Representing oneself, or an organization, as having the authority to enter into contracts or agreements that affect Lynn University in any way.
a. Amnesty Policy
As partners with the University in promoting health and safety, all students have a responsibility and obligation to seek immediate assistance for any student known to be experiencing a serious health crisis, including one resulting from high risk drinking or the abuse of other drugs. For more information, please review the Alcohol and Drug Prevention Program.
As such, students who seek assistance on behalf of a peer and are themselves under the influence of alcohol or drugs, will not receive a Code of Conduct sanction for this action. Additionally, the student who is the subject of the report will not receive a code of conduct violation for this action.
It is the University’s intention to partner with students in promoting health and safety. The University will provide students with the assistance needed to respond to high risk drinking and other drug abuse. Students may seek such assistance by contacting security at 561-237-7226.
After the crisis is resolved, the student who experienced the health crisis, as a result of alcohol intoxication or other drug consumption, will be referred to the substance abuse prevention and treatment specialist. The substance abuse prevention and treatment specialist will provide further assessment, substance abuse education, counseling, recommendations and/or referral as applicable to the individual student’s need.
b. Access to and use of alcohol on campus is limited and regulated by state, federal and local laws and by the rules and regulations of Lynn University. University regulations have been established in accordance with Florida State laws as well as insurance and safety regulations. Specifically:
- Serving alcoholic beverages on University property or within University facilities without proper permission;
- Underage distribution, selling, possession, or consumption of alcohol, including being under the influence of alcohol or being in the presence of alcohol on campus;
- The misrepresentation of one’s age in order to possess, consume, or purchase alcohol;
- Consuming or being in the presence of alcohol while in the company of persons under the legal drinking, when 21 years of age or older, and while on campus property. In the event that one roommate is of legal drinking age and another is not, each must observe the law as it pertains to him/her;
- Distributing, providing, sharing, or selling alcohol to persons under the legal drinking age, or providing a venue in which underage consumption of alcohol takes place;
- Consuming or carrying alcoholic beverages in open containers in University facilities, corridors, lounges, stairwells, lobbies, parking lots, or public areas of campus, with the exception of University residence hall rooms;
- Possessing or being in the presence of kegs, beer balls, and alcoholic beverages in multiple serving containers;
- Possessing and/or using alcohol paraphernalia, such as funnels, bongs, beer pong tables, empty alcohol containers, etc.; and
- Public intoxication, excessive noise, verbal or physical abuse to others, vandalism, and other inappropriate behavior while under the influence of alcohol.
For more information regarding alcohol policies at Lynn University, please refer to the University Policies.
3. Computer and Network Misuse
Students must adhere to the Lynn University Information Technology policies, as found on the University policy website.
4. Dangerous Materials
Materials and items that may present concern or harm to the University community are not permitted, including but not limited to:
- Possession, storage and/or use of fireworks, combustible materials (including lighter fluid, propane and other dangerous chemicals), any item or combination of items when combined could create an explosive device or other dangerous items or substances are not permitted anywhere on Lynn University property; and
- Weapons are prohibited on campus. The possession, storage and/or use of any firearms or weapon as well as any type of ammunition is not permitted anywhere on Lynn University property. Please refer to the University’s Weapons Policy (see the University’s Annual Security and Fire Safety Report) for additional information.
- The inappropriate use of non-lethal defense weapons, such as pepper spray, is a violation of the University Code of Conduct. These items may only be used for their intended purpose.
5. Disruptive Behavior
Actions that compromise the safety, welfare and/or rights of others is in contrast to the values of the University community, including but not limited to:
a. Behaviors which are disorderly or indecent;
b. Breach of peace;
c. Aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by the University;
d. Displaying conduct or behavior which disrupts the regular operations of classes, library, laboratories, or the residential community;
e. Disruption or obstruction of teaching, research or administration, including its public services functions on or off campus;
f. Disrupting the conduct review process;
g. Disrupting University activities;
h. Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at sponsored or supervised functions;
i. Obstructing access to any University building or any portion of the University facilities;
j. Inciting to action or participating in unauthorized activities resulting in destruction or damage of property;
k. Infringement upon the rights of others or actions that prejudice the maintenance of public order;
l. Climbing or scaling the exterior of any University building; and
m. Exhibiting public nudity or other inappropriate sexual related conduct.*
n. Engaging in acts of discrimination – please refer to the Community Polices of the Lynn University Policy Manual for more information regarding the Discrimination and Harassment Policy
*Note: Inappropriate sexual related conduct will be investigated and resolved pursuant to the Lynn University Sexual and Gender-Based Misconduct Policy.
6. Dress Code
All students must wear appropriate upper and lower garments and shoes or sandals at all times in all University buildings and grounds.
Lynn University does not support any activity related to the possession, use, provision of, or sale of any substance considered to be illegal or mind-altering. This policy includes, but is not limited to, marijuana, salvia or the non-prescribed use of prescription drugs. Note that the State of Florida’s Compassionate Medical Cannabis Act does not change the University’s prohibition regarding the possession, use, provision of, or sale of marijuana or otherwise authorize individuals to use medical marijuana on campus. Federal law, including the Drug Free Schools Act, continues to prohibit marijuana. Thus, marijuana possession or use, even if in compliance with the Compassionate Medical Cannabis Act, is prohibited on campus.
Given the considerations and other dangers regarding the use and abuse of drugs, regulations will be enforced and are applicable regardless of the status of the legal proceedings. Examples of prohibited conduct include, but are not limited to:
a. Possessing, using, sharing, distributing, purchasing, obtaining, selling, or manufacturing any illegal substance;
b. Possessing, using, sharing, distributing, purchasing, obtaining, selling, or manufacturing any controlled substance except as expressly permitted by law;
c. Illegal or inappropriate use of any substances with the intention to cause intoxication or hallucinations;
d. Possession of any and all types of drug related paraphernalia, equipment, products, or materials of any kind which are used, intended for use, or designed for using, selling, manipulating, or manufacturing drugs;
e. The abuse/misuse of one’s own prescribed drugs; and
f. Being in the presence or in the vicinity of drug, drug paraphernalia, or drug use (i.e., being in the same room or automobile.
For more information regarding drug policies at Lynn University, please refer to the University policy website.
Behaviors that threaten or endanger the health and/or safety of oneself or others are contrary to the character of a learning environment. Students are expected not to engage in such behaviors.
Specific violations of this standard include, but are not limited to:
a. Creating a safety hazard, including but not limited to obstructing fire escape routes such as hallways or stairwells and the propping open of stairwell doors;
b. Setting or causing a fire;
c. Tampering with, misusing or damaging fire or safety equipment, such as alarms, heat sensors, smoke detectors, hoses, and fire extinguishers;
d. Failing to immediately exit any facility or building when a fire alarm has been sounded, or hindering or impairing the orderly evacuation of any University facility or building; or
e. Disobeying a command by any University official or faculty member in connection with a fire, alarm, or other safety or security matter.
In addition, members of the Lynn University community are expected to reasonably care for their own mental and physical wellbeing. If circumstances arise that prohibit a student from appropriately assessing or attending to his or her own welfare, the student is strongly encouraged to seek counseling and support within the appropriate University offices. In such cases, the student is expected to abide by reasonable directives offered by the professional staff. Refusing to adhere to the standards of this section is considered a violation of the Student Code of Conduct.
9. Failure to Comply
It is a violation to ignore, disobey, disregard, or otherwise violate any reasonable directive of a University official acting in the performance of his or her duties. The following actions are not permitted, including but not limited to the failure to comply:
a. With the request of any paraprofessional (resident assistant or community assistant) or professional faculty/staff member or Campus Safety officer;
b. With directions of any University official or law enforcement officer acting in performance of his/her duties;
c. Failure to identify oneself to these persons when requested to do so, or to present appropriate identification when requested;
d. With any legitimate sanction assigned as a result of a conduct review, conduct restriction or behavioral contract;
e. With the terms of any Lynn University Agreement, policy, or procedure; and
f. With any applicable federal, state, or local law.
10. Fire Safety
During all fire alarms, everyone is mandated to immediately vacate the impacted building. Each person is expected to remain at a safe location until a University official offers further instruction. Behavior that is contrary to the spirit of fire safety is a violation of the Student Code of Conduct, including but not limited to:
a. Participating in, or setting fire to any University or personal property;
b. Failure to evacuate the impacted building/area during an active alarm;
c. Participating in or attempting to commit an act of arson;
d. Tampering with fire safety equipment including removing, interfering with, or unnecessarily activating the fire safety equipment (e.g. fire extinguishers, smoke detectors, automatic fire alarm systems, exit signs, emergency lighting);
e. Creating a fire hazard (e.g. unauthorized use/possession of flammable material in University facilities or on University property);
f. Smoking or using tobacco products anywhere on campus other than within an expressly permitted location(s).; and
g. Possession or use of fire hazards such as candles, incense, halogen lamps, extension cords (UL approved power strips in good condition [not frayed or cut] with a fuse or breaker are permitted), and any appliance or item with a heating element are prohibited (see the Residence Hall Regulations for a list of approved items for the residence halls).
Playing or engaging in any non-University sponsored illegal gambling activity while on University property is not acceptable behavior or permitted. Please refer to the University policy website.
12. Harassing Behavior
Members of the Lynn community are expected to engage in behaviors that are non-threatening, safe, and mutually respectful. Continuing to engage in a course of conduct directed at a specific person that causes substantial disruption to such person and serves no legitimate purpose, including but not limited to stalking, is a violation of the Code of Conduct.
Note: Any form of harassing behavior based upon an individual’s gender, sex, sexual orientation, sexual identity, gender identity, or gender expression will be investigated and resolved pursuant to the Lynn University Sexual and Gender-Based Misconduct Policy..
13. Harmful Behavior
Acts that cause harm to another individual are contrary to the educational mission and values of the University. Actions that impede on another person’s physical space in an aggressive and/or violent manner, including initiating physical contact or retaliating to physical contact is a serious violation of the Code of Conduct. Mere words alone are not a defense for engaging in physical violence, as students are expected to withdraw themselves from provoking situations, when possible. Assault includes, but is not limited to:
a. Any type of unwanted touching or striking of another person;
b. Threatening or otherwise intentionally placing another person in fear of being touched or struck.
Note: All forms of Sexual Assault as defined in the Lynn University Sexual and Gender-Based Misconduct Policy will be investigated and resolved pursuant to the Lynn University Sexual and Gender-Based Misconduct Policy.
14. Hate Incidents
In a diverse community, tolerance of others enhances the safety, freedom and well-being of everyone. Hate incidents include abuse, physical, verbal and/or otherwise, against a member of a particular racial, ethnic, religious, sexual orientation, or cultural group. Any words or acts, whether intentional or a product of disregard for safety, rights or welfare of others, which causes physical or emotional harm, or intimidates, degrades, demeans, threatens, or otherwise interferes with another person’s rights to comfort are violations of the Code of Conduct.
Note: Any hate incident based upon an individual’s gender, sex, sexual orientation, sexual identity, gender identity, or gender expression will be investigated and resolved pursuant to the Lynn University Sexual and Gender-Based Misconduct Policy.
It is a violation for students, faculty, staff or alumni to engage in any activity that may be construed as hazing. In accordance with Section 1006.63 (1), F.S., “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective. Any activity as described above upon which the initiation or admission into or affiliation with a Lynn University organization is directly or indirectly conditioned shall be presumed to be “forced” activity, the willingness of an individual to participate in such activity notwithstanding. Apathy or acquiescence in the presence of hazing is not a neutral act; it is a violation of this Policy.
Students found responsible for hazing may be subject to the withholding of diplomas or transcripts pending compliance with the rules or pending payment of fines, and the imposition of reprimand, probation, suspension or expulsion. Registered student organizations which authorize hazing in blatant disregard of these rules may be subject to denial of permission for the organization to be registered, to meet on campus and to use campus facilities, and, in the case of fraternities and sororities, the right to exist at Lynn University.
The Chad Meredith Act makes dangerous hazing a crime in Florida. The bill, named for a University of Miami freshman who drowned in a campus lake while trying to join a fraternity in 2001, makes hazing that results in serious injury or death a felony punishable by up to five years in prison, even if the victim consents (1006.63(2)).
*For more information regarding hazing and specifically 1006.63(1) or, visit: http://www.flsenate.gov/statutes.
Note: Any hazing incident based upon an individual’s gender, sex, sexual orientation, sexual identity, gender identity, or gender expression will be investigated and resolved pursuant to the Lynn University Sexual and Gender-Based Misconduct Policy.
16. Obstruction of the Student Conduct Process - Engaging or participating in abuse of the student conduct procedures is prohibited. This includes, but is not limited to:
a. Falsifying or misrepresenting information, including any relevant omission of fact, untruthfulness, falsification, or misrepresentation, presented at any point during a conduct process;
b. Obstructing, disrupting, or interfering with the orderly process of a conduct meeting;
c. Instituting a conduct complaint knowingly without cause, or intentionally initiating a false report/complaint;
d. Attempting to discourage an individual's proper participation in, or use of, the student conduct process, or influencing or attempting to influence another person to commit an abuse of the student conduct procedures;
e. Attempting to influence the impartiality of any witness or individual participating in or submitting a statement for a conduct case or investigation, whether prior to, during, or after the conduct meeting;
f. Failing to complete and/or comply with the specified guidelines of any assigned conduct sanctions; and
Retaliation, or otherwise engaging in an adverse action or threat of an adverse action against a complainant, respondent, witness, or any individual or group of individuals involved in the complaint, investigation, and/or resolution of an allegation of a violation of University policy, including when in an attempt to prevent or otherwise obstruct the reporting of such misconduct or participating in the conduct or investigation process. Retaliation can be committed by an individual or group of individuals, not just a complainant or respondent. Retaliation can take many forms including threats, intimidation, pressuring, harassment, violence, or other forms of harm to others. The prohibition of actual or threatened retaliation applies to employees and third parties as well as students.
17. Sexual and Gender-Based Misconduct
Lynn University prohibits all forms of Sexual and Gender-Based Misconduct as defined in the Lynn University Sexual and Gender-Based Misconduct Policy.
A criminal investigation into an incident of Sexual and Gender-Based Misconduct (i.e., sexual assault, domestic violence, dating violence, stalking) does not preclude the University from conducting its own investigation. If a report is filed with both the University and law enforcement, the University will proceed with its normal Sexual and Gender-Based Misconduct (“Title IX investigation”) investigation process as outlined in the Lynn University Sexual and Gender-Based Misconduct Policy. The University, however, may need to temporarily delay its fact-finding portion of the investigation while law enforcement is gathering initial evidence. This delay typically takes three to ten calendar days, although it may be longer in certain instances. If a delay in the University’s Title IX investigation occurs, it will take Interim Measures to protect the Complainant in the educational or work setting as applicable. Moreover, the Title IX Coordinator will continue to update the parties on the status of the investigation and inform them when the University’s Title IX investigation resumes, which will occur promptly after law enforcement notifies the University that it has completed its evidence gathering stage of the criminal investigation. The University will not, however, delay its investigation until the ultimate outcome of the criminal investigation or the filing of any charges. Neither the results of a criminal investigation nor the decision of law enforcement to investigate or decline to investigate the matter is determinative of whether Sexual or Gender-Based Misconduct has occurred.
Sexual and Gender-Based Misconduct is a broad term that includes Sexual Harassment, Sexual Violence (non-consensual sexual contact and non-consensual sexual intercourse), Sexual Assault, Sexual Exploitation, Domestic Violence, Dating Violence, Stalking, and aiding or facilitating the commission of a violation of the Lynn University Sexual and Gender-Based Misconduct Policy. It also includes any act of retaliation or intimidation against anyone who files a complaint, serves as a witness, or otherwise participates in the enforcement of the University’s Sexual and Gender-Based Misconduct Policy. The University also prohibits Hostile Environment Harassment, which includes acts of verbal, non-verbal, or physical aggression, intimidation, or hostility based on sex, gender identity, or gender expression, even if those acts do not involve conduct of a sexual nature.
Sexual and Gender-Based Misconduct can occur between people of different sex or gender or of the same sex or gender. All members of the University community are expected to conduct themselves in a manner that does not infringe upon the rights of others.
Any and all acts of sexual or gender-based misconduct, retaliation or intimidation as defined in the Lynn University Sexual and Gender-Based Misconduct Policy are serious violations of the Student Code of Conduct. Such incidents will be investigated and resolved by the University in accordance with the Lynn University Sexual and Gender-Based Misconduct Policy.
Any student who witnesses or suffers an incident of sexual or gender-based misconduct is encouraged to seek immediate assistance from any of the confidential and non-confidential on and off-campus resources listed in the University’s Sexual and Gender-Based Misconduct Policy.
Lynn University also encourages all students to report alleged incidents of sexual or gender-based misconduct, retaliation or intimidation to the University and to report any potential criminal conduct to law enforcement. Detailed information regarding how to make such reports, including confidential and non-confidential reporting options, is set forth on the University’s Title IX webpage, as well in the University’s Sexual and Gender-Based Misconduct Policy.
The following details conduct prohibited under the Sexual and Gender-Based Misconduct Policy. Per the Sexual and Gender-Based Misconduct Policy, the Office of Student Conduct and Community Standards may be responsible for resolving complaints arising under the Sexual and Gender Based Misconduct Policy. If a complaint arising under the Sexual and Gender-Based Misconduct Policy is resolved, after investigation, through the Office of Student Conduct and Community Standards, the sanctions set forth in conduct code may be considered:
a. Sexual Harassment: For purposes of this Policy, Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, other verbal, visual or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence or other offensive behavior directed toward an individual because of or on account of the individual’s sex, whether by a person of the opposite or same gender, when either:
• Submission to, rejection, or toleration of such conduct is made explicitly or implicitly a term or condition of an individual’s employment, education (i.e., grades), living environment, or participation in a Lynn University program or activity; or
• Submission to, rejection, or toleration of such conduct is used as a basis for or a factor in decisions affecting that individual’s employment, education, living environment or participation in a Lynn University program or activity; or
• Such conduct creates a Hostile Environment (see Hostile Environment Harassment).
b. Hostile Environment Harassment: For purposes of the Policy, Hostile Environment Harassment is defined as the unlawful harassment against an individual on the basis of his or her sex, or gender- related status when the conduct is either:
• Sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit the individual’s ability to participate in or benefit from the University’s programs or activities; or
• The conduct has the purpose or effect of unreasonably interfering with an individual’s employment or education.
c. Sexual Assault: Sexual Assault is defined by this Policy to include:
Non-Consensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent (as defined in this Policy) and/or by threat, intimidation, coercion, duress, violence, or by causing a reasonable fear of harm. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
Non-Consensual Sexual Intercourse (Rape): Any sexual penetration or copulation, however slight and with any object or body part that is without consent and/or by force or coercion. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetrationorcontact.
d. Domestic Violence: Domestic Violence is defined as felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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 jurisdiction.
e. Dating Violence: Dating Violence is defined as violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
f. Stalking: For purpose of this Policy, “Stalking” is defined as engaging in a course of conduct (e.g., repeatedly following, harassing, threatening or intimidating another by telephone, mail, electronic communication, social media, or any other action, device or method) directed at a specific person that would cause a reasonable person to
• fear for his or her safety or the safety of others; or
• suffer other emotional distress.
The University also considers Stalking to include the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.
g. Sexual Exploitation: Sexual exploitation is an act or omission to act that involves a member of the Lynn University community taking non-consensual, unjust, humiliating, or abusive sexual advantage of another, either for the individual’s own advantage or to benefit anyone other than the one being exploited.
Smoking or using tobacco products anywhere on campus other than within an expressly permitted location(s), including the use of smoking devices, simulated smoking devices, and related paraphernalia. This includes but is not limited to water pipes, e-cigarettes, and vapes.
19. Tampering with Property
Tampering with any property or premise of Lynn University or the property of a member of the University community on or off University premises, or to the property of a visitor to the campus, including but not limited to attempted or actual:
b. Illegal possession;
h. Throwing or hanging objects from windows, hallways, stairwells, balconies, or placing objects on the ledge outside of windows;
i. Duplicating any University key or access device.
Theft of personal property should be reported immediately to the Office of Campus Safety. Although the University takes normal precautions to safeguard property, the University is not responsible for loss or damage to students’ property. It is strongly recommended that students securely lock their valuables and obtain insurance coverage for all items of personal property.
20. Unauthorized Entry or Access
Individuals who are not authorized, licensed or invited to enter the residential area are subject to civil arrest for trespassing. Unauthorized soliciting is not permitted anywhere on Lynn property.
Knowingly hosting persons under trespass notice is a violation of the Student Code of Conduct.
21. Unauthorized Recording
It is a violation of Lynn University policy to record conversations with a recording device or other audio or video recording-capable device (including a mobile telephone) unless all parties to the conversation give their consent (with the exception of 911 calls, which may be automatically recorded). In addition, photographing, audio recording, or videoing individuals in secured areas such as bathrooms, locker rooms, residential halls, or other areas without their knowledge and where there is a reasonable expectation of privacy, and/or taking photographs of an individual against their will, is strictly prohibited. Distribution and/or transmission of photographs and videos of any person without express permission is strictly prohibited. The possession of concealed or hidden camera devices on campus is forbidden. Moreover, photographing or videoing confidential or sensitive University information is strictly prohibited. Please see the Recording Individuals On Campus Policy, as well as the University’s Photography Policy, for additional information.
22. Violation of Any Federal, State, or Local Law
The Student Code of Conduct applies both on and off of campus property. Any incidents involving alleged violations of local, state, or federal law are subject to University conduct review. In addition, a student’s off-campus behavior that could negatively affect the mission or reputation of the University is subject to conduct review.
Note: Off-campus incidents involving Sexual or Gender-Based Misconduct, which includes any incident of sexual or gender-based discrimination or harassment, sexual assault, domestic violence, dating violence or stalking as defined in the Lynn University Sexual and Gender-Based Misconduct Policy, will be investigated and resolved pursuant to the Lynn University Sexual and Gender-Based Misconduct Policy.
Students are responsible for notifying the Dean of Students of any off-campus arrest.
When the Dean of Students is informed of the arrest of a student, the University will send a letter to the student requiring that the student make an appointment for an interview with the Dean of Students or designee. During this interview, the facts involved in the student’s arrest, the student’s obligation to keep the University informed of the progress of the criminal charge(s), and the student’s obligation to advise the University of the final disposition of the criminal charge(s) will be discussed with the student.
As outlined in the University’s Conduct Review Policy, Conduct Review proceedings are independent of criminal court processes and are typically carried out prior to or simultaneous with any off-campus criminal proceedings.
The alleged commission of a felony as named in local, state or federal law is a serious violation of the Student Code of Conduct and may necessitate an interim suspension from the University while the conduct case is pending.
23. Violation of Any Other University Policy
Violating any other University policy or regulation or the Academic Catalog, or any other policy or regulation promulgated by the University, is also considered to be a violation under the Student Code of Conduct.
The conduct review procedures apply in all cases of alleged violations of University policies and regulations by all students enrolled at Lynn University, except where provision is specifically made for other procedure– e.g., Sexual and Gender-based Misconduct.and academic dishonesty (see current Academic Catalog).
The Vice President for Student Affairs (or designee) administers regulations governing most aspects of the University community that students are likely to encounter. He/she has authority in all incidents of infractions of University regulations and general student conduct. The Director of Student Conduct and Community Standards supervises the conduct review procedures.
This section describes shared expectations for demeanor while offering procedural fairness to all students documented for violating established standards of conduct in the Lynn University community.
The jurisdiction of the Student Code of Conduct includes policies published in the Housing Questionnaire, Academic Catalog, Housing Agreement, Lynn University Policies, , and other official University publications. These publications may be in print or posted on the Lynn University Web site (www.lynn.edu) and/or myLynn (www.lynn.edu/mylynn).
2. Reporting Complaints
A member of the University community may file a complaint against any other member of the University community for violations of the Student Code of Conduct. Such Complaint Statements must be prepared in writing and directed to the Department of Campus Safety and/or the Dean of Students. Reports of Sexual or Gender-Based Misconduct may also be made to the Office of the Title IX Coordinator. For additional reporting options related to complaints of sexual or gender-based misconduct see the University’s Title IX webpage, as well in the University’s Sexual and Gender- Based Misconduct Policy.
Complaint Statements should be submitted as soon as possible after the event takes place, preferably within 24 hours of the incident, and no later than 30 days after the incident. Discretion will be used with regard to reports that are submitted more than 30 days after an incident occurred. There is no window of time after an incident of Sexual or Gender-Based Misconduct has occurred in which a report must be made. The University, however, strongly encourages early reporting in order to preserve evidence for a potential legal or University resolution proceeding. Delays in reporting, while permitted, may limit the University’s ability to respond fully to the report.
Upon receipt of the Complaint Statement, the designated University administrator will review the report, evaluate the information, and determine the next appropriate actions. If there is insufficient evidence to support a formal charge, the case will be dismissed. If there is sufficient evidence to formally charge the student with a violation of the Student Code of Conduct, written notice of the charge(s), as well as a scheduled date for the conduct review proceeding (i.e., administrative conference or Conduct Review hearing) shall be sent to both the complainant and the respondent via a proper Lynn University email address. The notice shall be sent sufficiently in advance of the conference or hearing to afford a reasonable opportunity to prepare a presentation. The notice shall state the specific policy that the student is alleged to have violated, stating the time, date, and place of the occurrence and will be informed of meeting procedures and possible sanctions. In addition, prior to and during the conference or hearing, the complainant and the respondent shall be afforded reasonable access to review the Case File. The “Case File” includes documents pertaining to the specific disciplinary matter and is considered an educational record pursuant to FERPA. The personal notes of University administrative, faculty and staff members and privileged information of other students are not included in the Case File and thus are not accessible.
When a student is notified that he or she is the subject of, or a party to, a Student Code of Conduct complaint, that student is expected to report to the location of the conduct review proceeding at the stated date and time. Failure to report to the conduct review proceeding after reasonable notice of a pending complaint may be considered a separate violation of the Student Code of Conduct. A conduct review proceeding may take place without the involved student being present.
3. Administration of the Code of Conduct
The Vice President for Student Affairs or designee shall determine the composition of any Conduct Review Board as well as identify Conduct Hearing Officers who will review incidents administratively.
4. Violation of Law and University Policy
Any criminal violation of law (whether on campus or off campus) is at the same time a violation of the University’s Student Code of Conduct, and need not be independently stated within this Code as prohibited conduct. Therefore, any student charged with a criminal offense may become the subject of a Student Code of Conduct complaint. The aforementioned review procedures may be instituted with resulting University sanctions. Conduct Review proceedings are independent of criminal court processes and may be carried out prior to, simultaneous with, or following off-campus criminal proceeding. The alleged commission of a felony as named in local, state or federal law is a serious violation of the Student Code of Conduct and may necessitate an interim suspension from the University while the conduct case is pending.
5. Conduct Review Procedures
a. Administrative Conduct Review
An administrative conduct review of an incident will be conducted by a Conduct Review professional and the student on an individual basis whenever a student is accused of an offense that may result in a sanction less than suspension or expulsion. At this meeting, the matter may be mutually resolved, closed due to lack of evidence, or adjudicated by the Conduct Review professional. If the facts of the case are in dispute, the option to resolve the case in a formal hearing will be offered, allowing both the accused student and the accuser to present additional evidence and witnesses.
b. Formal Conduct Review
Formal Conduct Reviews will be administrated by either a single administrative Conduct Review Officer, or a Conduct Review Board composed of one or more identified University officials and/or student(s) in good standing. The hearing will consist of meeting with the complainant and the respondent, other participants, and witnesses to review all pertinent information regarding the incident to determine an appropriate response. Pending the approval of the hearing body, the involved student(s) may be accompanied during the review process by an advisor of their choice, who may also be an attorney. All Conduct Review Hearing proceedings are designed to enhance student responsibility; therefore, all parties are expected to present their own explanation of events. With this philosophy in mind, advisors are not permitted to represent the student they are advising or otherwise participate directly in Conduct Review Hearing proceedings.
Conduct Review Hearing proceedings shall be conducted according to the following guidelines:
1. Proceedings will be conducted in private unless otherwise approved by the hearing body.
2. Prior to and during the proceedings, the complainant and the respondent shall be afforded reasonable access to review the Case File. The “Case File” includes documents pertaining to the specific disciplinary matter and is considered an educational record pursuant to FERPA. The personal notes of University faculty and staff and privileged information of other students are not included in the Case File and thus are not accessible.
3. The focus of inquiry in the proceeding shall be the validity or invalidity of the accusations against those accused of violating the Code of Conduct. Formal rules of evidence shall not be applicable; nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student respondent or complainant of the University may result.
4. The Conduct Review Hearing Body may call any member of the University community to participate in a proceeding. Admission of any person to the review will be at the discretion of the hearing body.
5. In proceedings involving more than one student, the hearing body may conduct separate reviews for each involved student, or a combined review.
6. Pending the approval of the hearing body, the involved student(s) may be accompanied during the review process by an advisor of their choice, so long as that advisor is not otherwise involved in the incident. This advisor may be a faculty or staff member, a family member, or an attorney hired at the student’s own expense. All Conduct Review proceedings are designed to enhance student responsibility; therefore, all parties are expected to present their own explanation of events. With this philosophy in mind, advisors are not permitted to participate directly in Conduct Review proceedings.
7. All parties have the privilege of presenting witnesses during the review proceeding. Such witnesses are subject to questioning by the hearing body and may be questioned separately from the complainant or respondent. The complainant or respondent will have equal access to the evidence presented by the witnesses and will be able to submit questions to the hearing body to be used at the discretion of the hearing body. However, the accused student shall not be compelled against his/her wishes to testify or answer any questions. The student’s silence shall not be held against him/her. The respondent and complainant shall not be compelled against his/her wishes to testify or answer any questions. The student’s silence shall not be held against him or her.
8. Relevant and pertinent evidence, such as records, video-surveillance images, exhibits, and written statements, may be accepted as information for consideration at the discretion of the hearing body. The applicability and weight of such evidence is determined at the sole discretion of the hearing body.
9. The hearing body may use a recording device during any or all review proceedings. All recordings shall remain the property of the University.
10. Any relevant omission of fact, untruthfulness, falsification, or misrepresentation presented during a conduct proceeding may be considered a separate violation of the Student Code of Conduct.
11. Any interference with the orderly process of Conduct Review proceedings may be considered a separate violation of the Student Code of Conduct. Moreover, the hearing body shall exclude that person, including the student charged and/or his/her advisor or the complainant and/or his/her advisor, and proceed in the individual’s absence.
12. Any attempt to discourage another’s participation or truthful account of events in any conduct proceedings may be considered a separate violation of the Student Code of Conduct.
13. Under conditions of civil unrest or other states of emergency, the hearing body may (with or without notice) deviate from the aforementioned review procedures.
14. The hearing body shall resolve any issues regarding review procedures that are not clearly described in this section.
The hearing body may make changes to these procedures without notice.
During all conduct review proceedings, reasonable efforts will be undertaken to encourage the involved student to actively participate. If all reasonable attempts to contact an involved student have been exhausted, the Conduct Hearing Officer or Conduct Review Board may proceed with the review in the involved student’s absence. If the student is subsequently determined to have violated any section of the Student Code, the corresponding sanction imposed will be effective immediately. All relevant information presented at the review will be considered. The involved student will be sent a written notification of the decision.
1. The Conduct Hearing Officer or Conduct Review Board shall use the preponderance of evidence (more likely than not) standard in all decision-making;
2. After the review, the Conduct Hearing Officer or the Conduct Review Board shall determine whether or not the student was responsible for violating any section(s) of the Student Code of Conduct within three business days, unless the Conduct Hearing Officer and/or the Chair of the Conduct Review Board determine additional time is needed to make a decision; and
3. The involved student will be notified in writing of the findings. If the student is found responsible for violating a specific section(s) of the Student Code of Conduct, the applied sanction will be detailed. The Conduct Hearing Officer or the Chair of the Conduct Review Board will author all pertinent documents.
d. Interim Action and Interim Suspension
Any time following the submission of an incident report, verbal or written, the Vice President for Student Affairs, or designee, may modify or suspend the right of a student to be present on campus or to attend classes for an interim period prior to resolution of the disciplinary proceeding, including any appeal. The Vice President for Student Affairs, or designee, will base this decision on whether the allegations of misconduct is apparently reliable and whether the continued presence of the student on the University campus reasonably poses a threat to the well-being of any individual, including the student, for reasons relating to the safety and welfare of any person, University property, or any University function. The decision to modify or suspend the rights of a student for an interim period will be communicated in writing to the student, and will become effective immediately. Notification will either be hand delivered or sent by certified mail. Failure or refusal to take receipt of the notification will not negate or postpone the interim action.
A student who is suspended or has had his/her privileges modified for an interim period will be provided an opportunity to respond to the allegations of misconduct through a conduct review meeting scheduled as soon as is practical following the effective date of the interim suspension or action. The interim suspension or modified privileges will remain in effect until a final decision has been made on the pending complaint or until the Vice President for Student Affairs, or designee, determines that the reason for imposing the interim suspension or modification of privileges no longer exists and the student receives written notice that the interim action is no longer applicable.
e. Attendance at the Conduct Review Proceeding
In order to acquire the best information on which to base a decision, the student is expected to attend the conduct review meeting. The complainant or respondent may request that witnesses (i.e., persons with first-hand knowledge of the alleged violation) be invited to attend the conduct review meeting or submit a statement through the Department of Campus Safety. Any witnesses to the alleged incident may be requested to attend the conduct review at the discretion of the Conduct Hearing Officer or chair of the Conduct Review Board. The conduct review meeting will be held at the time, date, and place indicated in the letter of notification sent to the student and in the student’s absence if he/she fails to respond to this letter.
Please note that all conduct review meetings are private and closed to everyone except the involved persons (i.e., the accused student, complainant, advisors, and those witnesses invited by the Conduct Hearing Officer or Conduct Review Board).
In light of the facts and circumstances of each case, the following sanctions, or combination of sanctions (with or without appropriate modifications) may be applied by the Conduct Hearing Officer or Conduct Review Board to any student found responsible for violating the Student Code of Conduct:
1. No Action.
2. Written Warning: A written notice to the involved student expressing disapproval of acts committed.
3. Disciplinary Probation: The disciplinary probation notice informs the student that for a specified period of time, additional violations shall lead to removal from University housing, suspension, or expulsion from the University. Disciplinary Probation may also prohibit students from benefiting from certain privileges on campus, such as on-campus employment, study abroad programs, University sponsored travel, and serving in a leadership role on campus. In addition, Disciplinary probation may also be assigned with specific restrictions, as outlined below.
4. Restrictions: During a specified period of time, a student may be restricted from a particular aspect of student life within the University community including, but not limited to the following:
a. Serving in a leadership role within any University-recognized student club or organization;
b. Participating in intercollegiate athletics;
c. Participating in intramural or club sports;
d. Pledging a Greek organization;
e. Ability to host an overnight guest in the University residence halls;
f. Participating in a University-sponsored study tour or study abroad program;
g. Access to a specific area of the campus and property owned or controlled by the University;
h. Participating in any event or program sponsored by the University.
5. Educational Assignment: A student may be assigned additional sanctions, educational in nature, to aid in his/her development and better understanding of his/her choices. The student will be given a definite time frame for each assignment and is expected to complete assignments within that time frame in order to avoid further conduct action.
6. Removal from University Housing: Removal from University housing involves exclusion or removal of a student, either temporary or permanent, from the residence halls for a definite period of time. Students assigned this sanction may not enter the residence halls during the definite period of time of the removal except for official University business during regular business hours. There may be specific conditions for readmission to University housing. Once notice of the removal from University housing is given, the student will be given a specific time frame in which to remove all belongings from the living space and vacate the residence halls. The student may be monitored or escorted during the removal process.
7. Suspension: A suspended student is excluded or removed from the University for a definite period of time, after which the student may be eligible to return. Students suspended from the University may not return to the campus or attend any University-sponsored events for the duration of the suspension. There will be specific conditions for return to the University. Once notice of suspension is given, the student will be given a specific time frame in which to remove all belongings from University housing and vacate the campus. The student may be monitored or escorted during the suspension process. A student suspended from Lynn University is not eligible for a refund of any kind, regardless of the date of the violation.
8. Expulsion: Expulsion involves permanent separation of the student from the University. An expelled student may not enter the campus or attend any University-sponsored events and is not eligible for return to the University.
Once notice of expulsion is given, the student will be given a specific time frame in which to remove all belongings from University housing and vacate the campus. The student may be monitored or escorted during the expulsion process.
A student expelled from Lynn University is not eligible for a refund of any kind, regardless of the date of the violation.
9. Other sanctions can include any, or a combination, of the following options, including but not limited to:
a. Restitution: monetary reimbursement to the University, an individual or organization for any property damages or losses resulting from the acts committed.
b. Community Service: A student may be required to complete work assignments or other service to the University community.
c. Residence Hall Relocation: a change in a resident student’s current on-campus residence to another location within the University housing system as assigned by the Office of Housing and Residence Life.
d. Exclusion from specific campus privileges or activities, including but not limited to:
• Loss of driving and/or parking privileges on property owned or controlled by the University;
• Campus jobs;
• Participation in extracurricular activities;
• Registration for future semesters;
• Loss of computing privileges at the University.
e. Internal Referral: referral to a specific department or University official for the purposes of evaluation and education
f. Fines: Monetary reimbursement to the University must be paid by the date specified. All financial obligations must be satisfied prior to or at the time of course registration for the next semester.
10. Any student that fails to comply with their assigned sanctions may be subject to automatic suspension from the institution. In such circumstances the suspension will be automatically applied to the existing case, and there will be no opportunity to dispute or appeal the suspension. All of the other sanctions will remain in effect, unless they are adjusted by the hearing officer, and the student is still required to comply with those sanctions.
A student found responsible for violating the Student Code of Conduct may file an appeal within 24 hours of the student’s notification of the finding and/or sanction. Such appeals must be requested in writing to the Vice President for Student Affairs or his/her designee. The appeal shall be limited to a review of the initial proceeding and supporting documents for one or more of the following purposes:
1. The original conduct review meeting was inconsistent with the established procedures;
2. Evidence is now available that could not have been obtained at the time of the conduct review meeting; or
3. The sanction is excessive or inconsistent with the nature of the offense.
In specific cases involving a victim/complainant that has a right to appeal, if either party submits an appeal the other party will have the opportunity to provide a written response to the appeal, meet with the Appellate Officer to discuss the appeal request and the facts of the incident, and be notified of the appeal outcome.
If the Appellate Officer determines if there is merit for an appeal, the facts of the incident will be reviewed with the student. Appeals can result in one of the following ways:
1. The student will be found not responsible for the violation of the Student Code of Conduct;
2. The student’s original sanction will be upheld;
3. The student’s original sanction will be modified; or
4. The case will be sent back to the same hearing body with specific directives to consider new information, or the case will be re-heard by a different hearing body.
The standard of a preponderance of evidence (more likely than not) will be used in all decision- making.
Once the Appellate Officer has rendered a decision, the respondent (and complainant, if applicable) will receive a written notice of the outcome. There will be no further review of the incident.
a. Student Notification
Students will receive all written notifications of their conduct case at their Lynn University email address, but may also or alternatively receive notification at their campus or local mailing address on record with the Registrar’s Office, and/or by hand delivery by a University official. It is the student’s responsibility to check his/her email and mail for such notifications.
b. Parental Notification of Violations of the Code of Conduct
Ordinarily, parents will not receive notification from the University about violations by the student of the University’s Code of Conduct. However, if a student is held accountable for a violation of the alcohol or other drug policies, or if the student is found responsible for a serious violation of University policies or regulations, the parent or legal guardian, at the discretion of the Vice President for Student Affairs, or designee, may receive notice documenting the violation and outcome of the conduct review meeting. Federal regulations permit this notification without the student’s consent for those students who are dependents, under the age of 21. The notification would be via telephone conversation or notice mailed to the address of record for the parent or guardian. The Vice President for Student Affairs also has the discretion to notify parents of students under the age of 21, regardless of their dependency status or consent, of violations involving alcohol and other drugs.
c. Disclosures of crimes of violence or non-forcible sex offences
The University may disclose the final results of the disciplinary proceedings, if it determines that the student is an alleged perpetrator of a crime of violence oro non-forcible sex offence; and, with respect to the allegation made against him or her, the student has committed a violation of the University’s rules of policies.
7. Interpretation, Revision, and Records
During a review proceeding, the Conduct Hearing Officer or Chair of the Conduct Review Board is responsible for interpreting the terms, processes and applicability of the Student Code of Conduct. Broad questions of interpretation regarding the Student Code of Conduct should be referred to the Vice President for Student Affairs or his/her designee for final determination. The Student Code of Conduct will be reviewed yearly under the direction of the Vice President for Student Affairs.
Records involving Student Code of Conduct review proceedings are securely maintained with the Office of Student Affairs. Conduct review sanctions taken against a student becomes part of that student conduct record. Records may be released to University officials on a “need-to-know” basis. Student conduct records may be released to persons and agencies external to the University with the student’s permission, or in compliance with the law. Where complaints involve physical assault or sexual offenses, the student bringing the complaint as well as the student responding, may be informed of the final determination of the conduct review meeting. Records subpoenaed or ordered by a judge may be released without the student’s permission. A record may also be released if it is in the University’s legal interest to do so.
All student conduct records will be maintained for seven (7) years after the most recent recorded incident. Records pertaining to students suspended or expelled will be maintained permanently. These student conduct records are destroyed at the end of the appropriate time period. If a student is suspended or expelled from the University due to a conduct issue, a notation shall be made on any transcript provided by the University.
For more information about this policy, contact Student Conduct and Community Standards.
Policy updated on: Dec. 6, 2018