Students’ rights value both the individual and the community, providing for student support and protection. At the same time, for Clark University students to exercise these rights, they must act responsibly, in accordance with University policies and procedures — including the Student Code of Conduct — and with local, state, and federal laws.
Students’ rights value both the individual and the community, providing for student support and protection. At the same time, for Clark University students to exercise these rights, they must act responsibly, in accordance with University policies and procedures — including the Student Code of Conduct — and with local, state, and federal laws.
Clark University students have the right to an environment conducive to the pursuit of their academic requirements and interests. Clark University students have the right to bring forward a complaint if they have a good-faith reason to believe it is more likely than not that the behavioral expectations outlined in the Student Code of Conduct have been violated.
In all student conduct cases, students are asked to review their rights and are given the opportunity to ask questions about their rights and the conduct process.
Students alleged to have violated the Code (i.e., respondents) will be apprised of the allegations against them and be afforded the opportunity to participate in the student conduct process.
Respondents and complainants (if applicable) have the following rights:
- The right to meet with the Dean of Students or their designee to discuss the student conduct process.
- The right to respond to the alleged violations against them (respondents only) and to rebut unfavorable inferences that might be drawn.
- The right to provide evidence and identify witnesses who may have direct, personal knowledge of the incident or conduct in question.
- The right to have an advisor: Advisors are permitted to accompany their advisees to any meetings or hearings; they cannot speak or advocate on behalf of their advisees, but may confer with the student privately before or during a meeting or hearing, or by requesting a break.
- The right to express a concern that an OCS staff member, hearing officer (for Administrative Hearings), or member of the University Conduct Board (for UCB Hearings) assigned to their case has a bias or conflict of interest. If the Dean of Students or their designee substantiates such bias or conflict of interest, the Dean of Students or their designee will designate a replacement.
- The right to be absent from a meeting or hearing without excuse. However, the case will still be heard in the student’s absence, and a decision will be made based on the available evidence.
- The right to request a hearing be delayed for up to five business days if a legitimate reason has been established, as determined by the Dean of Students or their designee in their sole discretion.
- Complainants only: The right to decline to appear as a witness or request to remain anonymous, with knowledge that such action could result in a finding of no responsibility due to lack of evidence.
- The right to appeal if found responsible for violating the Code, as provided in the section entitled “Appeals Process” on page 11 of the Student Code of Conduct.
Student groups and organizations
Student groups and organizations may face violations of this Code.
The Office of Student Leadership, Identity, and Community Engagement (SLICE) oversees all recognized student groups and organizations, including club sports (RSOs). The Office of Community Standards coordinates adjudication of alleged violations by RSOs.
In cases involving RSOs, the respondent may be an individual student or students acting on behalf of the organization, and/or the RSO itself.
Responsibility determinations are based on a preponderance of the evidence (whether it is more likely than not that the RSO is responsible for violating University policy). Records are maintained according to the University’s retention schedule.
A student group or organization and its officers may be held collectively and individually responsible for violations of the Student Code of Conduct. These violations may have been committed by those associated with the group or organization if the member(s) received the consent or encouragement of the group or organization or the leaders or officers of the group or organization. The finding of responsibility may occur if the group or organization knew or should have known about the behavior and failed to make reasonable efforts to prevent it.
Restorative practice
Restorative practice at Clark University encompasses a comprehensive approach to addressing student violations of university policies. The primary objective is to foster an environment where students comprehend the consequences of their actions and recognize the broader impact on the university community. This approach aligns with Clark University’s commitment to upholding the fundamental rights of its students, considering any actions that impede these rights as violations of the student code of conduct.
In instances where serious violations occur, the restorative practice employed by Clark University involves posing restorative questions and using restorative practice principles. These questions prompt reflection and understanding, making the disciplinary process educational rather than punitive. Even in cases where severe consequences may be warranted, the emphasis remains on guiding students toward recognizing the implications of their actions and learning from their mistakes.
The overarching goal of restorative practice at Clark University is to instill a sense of responsibility and accountability in students. By engaging in this process, the university aims to empower students to take ownership of their actions, comprehend the significance of respecting others’ rights, and ultimately prevent the recurrence of similar transgressions in the future. In essence, restorative practice serves as a means to address disciplinary issues and contribute to the student body’s overall educational and personal development.
Definition of terms
Advisor
Students going through the conduct process may select an advisor to support them. Advisors are permitted to accompany their advisees to any meetings or hearings; they cannot speak or advocate on behalf of their advisees, but may confer with the student privately before or during a meeting or hearing, or by requesting a break.
Affirmative consent
A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions if those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
The following six principles, along with the above definition, will be used to evaluate whether affirmative consent was given.
- Affirmative Consent
- A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions if those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.
- The following six principles, along with the above definition, will be used to evaluate whether affirmative consent was given.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
- When consent is withdrawn or can no longer be given, sexual activity must stop.
Bias incident
Any conduct or communication motivated by hatred or prejudice that demeans, degrades, or harasses an individual or group based upon membership in a protected category as recognized by law or Clark University policy, including race, color, national or ethnic origin, ancestry, religion, sex, sexual orientation, gender identity, gender expression, age, genetics, physical or mental disability, and veteran or other protected status. Examples include targeting a group or individual, in person or electronically, with hateful conduct that interferes with a person’s educational experience or employment, as well as acts of vandalism or graffiti. A bias incident may or may not involve violations of University policies or state or federal law. Read more about the University’s Bias Incident Response Process here.
Bias incident response team
A team of administrators and faculty committed to proactively responding to bias incidents.
Business days
Days that University offices are open for business (excluding weekends). Class days and business days may not correspond.
Confidentiality
This may only be offered by some individuals — specifically those who are not required by law to report known incidents of sexual assault or other crimes to University officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092 and 20 U.S.C. 1681. Licensed mental health counselors, medical providers, and pastoral counselors are examples of University employees who may offer confidentiality.
Direct threat
A communication, from at least one identified individual to another identified individual, that creates or implies a significant risk of substantial harm to the health or safety of another person.
Distribution
Any form of sale, exchange, or transfer, regardless of whether money was involved.
Group
People associated with each other but who have not complied with University requirements for recognition as an organization.
Hate crime
As defined by Massachusetts General Laws Chapter 22C, Section 32, “any criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted, or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender, or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation, or coercion, or which seeks to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation.” For purposes of this protocol, all hate crimes are considered a form of bias incident.
Chapter 265 Crimes Against the Person – Section 39 states in relevant part that it is illegal to commit a crime against one’s person or property with the intent to intimidate such person because of such person’s race, color, religion, national origin, sexual orientation, or disability.
Hearing
A formal process conducted by the University Hearing Board or other appropriate hearing officer or body. This formal process is designed to gather and consider relevant information regarding a possible violation of the Student Code of Conduct and to determine sanction(s), if appropriate.
Target person(s)
Individuals or groups who believe or perceive that they have been the victim of a bias incident and/or hate crime. Any individual or group can be targeted.
University official
Any faculty, full-time employee, part-time employee, or student employee authorized to issue directions in a given situation.
Weapon
Any object or substance designed to wound, cause injury, or incapacitate persons or animals or damage property, including, but not limited to, firearms, ammunition, explosives, other lethal weapons, and chemicals such as Mace and tear gas. Within the provisions of Massachusetts G.L. c. 140, § 131M: Unlawful Possession of an Assault Weapon or Large Capacity Feeding Device, firearms and other dangerous weapons include, without limitation, ability club, blackjack or bludgeon, cane/sword, chukka stick, pistol, revolver, rifle, shotgun, machine gun, switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, electronic dart gun, Kung Fu star, electronic stun gun, metal knuckles, sandbag, sand club, wrist-brace type slingshot or slingshot, dagger, dangerous knife, imitation pistol, or any other instrument or weapon. Also included are air guns, spring guns, or any other instrument or weapon in which the propelling force is a spring, air, piston, or carbon dioxide cartridge. A harmless instrument designed to look like a firearm, explosive, or other weapon is expressly included within the meaning of weapon.
