Honor Code

Institutional Authority
The Utah Code provides the authority for institutions of higher education in the state to enforce regulations governing the conduct of students. The university has authority to "enforce rules and regulations in any reasonable manner, including; the imposition of probation, suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue certificates, degrees, and diplomas, through judicial process or any reasonable combination of these alternatives." Utah Code Annotated § 53B-3-103.

Definition of "Disruptive Student Conduct"
Disruptive student conduct is conduct that significantly interferes with the educational process, the educational environment (including housing); or the administrative functions of the university. The determination of whether conduct rises to the level of disruptive student conduct will be determined on an individual case by case basis with reference to the relevant facts and circumstances. Disruptive student conduct may include, but is not limited to intimidating, threatening, harassing or violent behavior; abuse of administrative processes; abuse of university or individual resources; disregard or non compliance with established policies and procedures or medical advice; or the probable likelihood of engaging in conduct or actions that may endanger the health, safety or welfare of any individual. Disruptive student conduct may also include physical acts, oral or written statements, gestures, or expressions that communicate direct or indirect threats of harm or disruption. Disruptive behaviors and actions are inconsistent with the values of Brigham Young University and may be in violation of the Honor Code.

Examples of Disruptive Student Conduct
The following list is not exhaustive, but is intended to provide examples of various types of disruptive behaviors that may result in university action:

• Conduct that is disruptive to the educational environment (i.e., disruptions in housing, at university events, etc.)
• Conduct that is disruptive to the educational process or administrative functions of the institution (i.e., obstruction or disruption of normal university activities including, but not limited to, studying, teaching, research, administration, disciplinary procedures, grievance procedures, investigatory processes, emergency services; and/or abuse of institutional resources).
• Conduct that is disruptive or inappropriate in a situation where the student is representing the university (i.e., unprofessional conduct while participating in an interview with a recruiter, or while working in an internship or an externship capacity, or while participating in a competition or other public performance, etc.).
• Conduct or threats that may pose a danger to the health, safety or welfare of any individual (including, but not limited to, actual or threatened physical abuse, assault, battery, or attempted suicide).
• Conduct that is intended to intimidate, harass or verbally abuse, haze, or degrade others. Repeated unwanted contact, including stalking, harassing phone calls or e mail. (Also includes threatening or harassing behavior directed toward a faculty member in response to grades issued or performance evaluated.)
• Disorderly, lewd, indecent or obscene conduct or expressions (as determined by the university)
• Unauthorized entry or use of university facilities or property
• Obstructing the movement of others on campus or access to campus facilities
• Failure to comply with directions of university officials, including law enforcement or security officers acting in good faith and in performance of their duties
• Making accusations against a member of the campus community that are intentionally false, or made with reckless disregard for the truth
• Forgery, falsification, unauthorized alteration, or misuse of campus documents, records, or identification; including, but not limited to, electronic software and records.
• Breach of the peace (i.e., unauthorized use of sound amplification equipment in a manner that disturbs the privacy of others and/or the instructional programs of the university).
• Flagrant or repeated violations of university policy or process, rules and regulations.

For additional information, refer to the following institutional policies: ¹

• Unlawful Gender Discrimination, Unlawful Sexual Harassment and Inappropriate Gender Based Behavior Policies
• Student Non Discrimination Policy
• Firearms and Weapons Policy
• Drug Free School Policy
• Computer and Electronic Communications Policy
• Physical Facilities Policy
• Human Research Protection Policy
• Humane Care and Use of Laboratory Animals Policy
• Risk Management and Safety Policy - Property Loss
• Fraud Policy

For information regarding disruptive behavior in the context of public expression, demonstrations or protests, see the Public Expression Standards and Procedures Policy, and the Public Demonstrations or Protests on Campus Policy.²

Student Responsibilities
In order to provide a secure, safe environment for all members of the campus community, students are responsible for ensuring that their personal conduct is appropriate and consistent with the Church Educational System Honor Code. In all cases involving an individual with a disability, including mental disabilities, this policy will operate to make determinations based upon an individual's behavior rather than upon the individual's status of having a disability. Students have a personal obligation to obtain medical care for conditions that may affect their conduct, and to take any related medications as prescribed by their physicians. Under applicable disability law, students with disabilities are responsible for their disruptive conduct.

Abuse of Administrative Processes
Occasionally, students conduct themselves in ways that disrupt, manipulate or abuse the administrative processes of the university, thereby placing an undue strain on institutional resources. For example, students who behave in any of the following ways are acting in a disruptive manner consistent with this policy: 1) students who make false accusations against other members of the campus community; 2) students who file frivolous grievances or appeals relating to the Brigham Young University Honor Code, academic misconduct violations, or in other areas where the university provides students an ordered process for review of university actions; 3) students who contact departments or offices in an attempt to resolve problems or questions that have been addressed; 4) students who file lawsuits or grievances against faculty members, other university personnel, or the institution that are without substantial merit; and/or 5) students who refuse to accept and comply with final outcomes of administrative proceedings, or continue to engage or circumvent the administrative process.

In situations where student conduct disrupts or abuses administrative processes in such a manner, the Director of the Honor Code Office may review the events collectively, provide the affected student with a reasonable opportunity to respond, and make a recommendation to the Dean of Students who may take immediate, appropriate action without recourse to normally applicable policy and process. This action may range from dismissal of the applicable administrative procedures to the extraordinary action of immediate dismissal and expulsion of the student from the university by the Dean of Students. Cases involving restricted access to campus may be referred to the Campus Banning Committee or the Campus Access Committee as appropriate for follow up.

Inappropriate Classroom Behavior
Inappropriate classroom behavior is another form of disruptive student behavior that can be a significant impediment to the mission of the university, and can interfere with students' ability to learn and instructors' ability to teach. In some instances, the behavior may simply be rude, disrespectful, or thoughtless. It may include persistent disruptions, talking, yelling, arguing, etc. These behaviors can be frustrating and troublesome for teachers and other students because of the disruption to the learning process which results.

Many of these disruptive behaviors can be dealt with directly by faculty members or instructors, who can clearly state their expectations about the importance of respectful classroom behavior and who have responsibility for the control of their classrooms and the academic evaluation of their students. If a student does not respond appropriately at the classroom level or the behavior is egregious, the situation should be reported to the Honor Code Office. In addition, the incident may also be reported to any of the following administrators: the Dean of Students; the Dean of Graduate Studies; and the applicable Dean, Associate Dean or Program Director as appropriate. Students may be prohibited from returning to the classroom pending a disciplinary review.

Procedures for Reporting Disruptive Student Conduct
All disruptive student conduct which does not pose an immediate threat of harm to any individual's health, safety or welfare, should be reported to the Honor Code Office, which will conduct a preliminary investigation.

Disruptive student conduct which poses an immediate threat of harm to any individual's health, safety or welfare, should be reported to the University Police immediately. The University Police will investigate the incident for possible violations of law and/or criminal prosecution. The incident should also be reported to the Honor Code Office which will conduct an investigation related to the student's disruptive conduct and utilize the information gathered to aid in determining the status of the student with the university.

Individuals reporting violations of disruptive student conduct should provide complete information regarding the allegation to the Honor Code Office. Any individual acting in good faith who reports disruptive student conduct should not be subject to retaliation or harassment based on his or her report. Anyone participating in such retaliation or harassment toward a reporting party will be subject to university discipline through the Honor Code Office, including temporary or permanent separation from the university and/or possible criminal prosecution.

Faculty members, instructors and/or Deans are encouraged to report disruptive student conduct to the Honor Code Office even when the disruptive behavior is apparently resolved. This will help the institution to identify those students who exhibit a pattern of disruptive conduct. If such behavior is egregious or recurs at another setting within the university, the student may be subject to disciplinary action.

The disruptive conduct of student employees should be reported to the Honor Code Office who will coordinate with Employee Relations. The situation will be governed by the Honor Code Office Process and the Faculty and Employee Conduct Policy.³

Disciplinary Procedures
The purpose of a disciplinary review is to discuss the facts of the incident(s), to hear the student's perspective, and if a violation of the Disruptive Student Conduct Policy has occurred, to determine an appropriate response from an institutional perspective.

These proceedings are administrative proceedings and do not follow formal rules of evidence applicable in judicial proceedings. The proceedings are to be conducted with fundamental fairness, and the university has the burden of proof to establish a violation by a preponderance of the evidence (that it was more probable than not that a violation occurred and the reported student committed it). Minor deviations from prescribed procedures will not invalidate a decision or proceeding, provided they do not significantly prejudice the student or the university.

In determining what sanction to impose, mitigating and aggravating factors may be considered, such as the individual's prior disciplinary record, the nature of the offense, the severity of the damage, injury or harm resulting from the violation, and any restitution made. Referrals for psychological counseling may also be made. Disciplinary decisions take into consideration the needs of the university, campus community and the student.

Except in cases of abuse of administrative process, or in those circumstances where there are significant health, safety or personal welfare issues, procedures for disciplinary reviews will be as outlined in the Brigham Young University Honor Code Administrative Review Process document.⁴ Situations involving serious abuse of administrative processes or health, safety or personal welfare issues are subject to expedited review, determination and implementation by the Dean of Students upon the recommendation of the Director of the Honor Code Office without regard to normally applicable policy and process; provided, the student subjected to discipline is given a fair opportunity to respond within a reasonable period of time prior to the decision. In the extraordinary case where the behavior is deemed serious enough to immediately separate the student from the university, the Honor Code Office Director will make a recommendation to the Dean of Students who will then review all available information, make a decision and advise the student. The student may request a review of the Dean's decision. The request must be in writing and received by the Office of the Dean of Students, Brigham Young University, 3500 WSC, Provo, Utah 84602. The Dean of Students Office will process the request for review to the Student Life Vice President. The Vice President will review available information, including the student's information. The Vice President's decision is final with no further recourse. During each review, the reviewer(s) has the authority to modify or completely change the recommendation or decision, or allow the action to remain the same. To protect the confidential nature and privacy interests of students allegedly committing violations, all reviews will be closed proceedings.

During a disciplinary investigation or review, a student will not generally be restricted in, or excluded from, class attendance or participation in university functions and activities except where a student acts as a representative of BYU (such as performer or athlete participating in public performances or events, or a student working in an internship or externship capacity, etc.), or unless the university, upon recommendation of the Director of the Honor Code Office and acting through the Dean of Students, determines that such attendance or participation is likely to be disruptive, pose a threat to the well being or personal safety of the student and/or others, or believes that such attendance or participation is not in the best interest of the student or the university. The Director of the Honor Code Office or the Dean of Students office may consult with any or all of the following administrators as appropriate or other administrators as needed: the Dean of Graduate Studies; or the applicable Dean, Associate Dean or Program Director. These individuals have full discretionary power to restrict the student's activities within the applicable program during an investigation or review, and will advise the student of any such restrictions and/or exclusions determined at the department level, pending the final outcome of the university action following the Honor Code Office process of investigation, the Honor Code Committee decision or recommendation, and the Administrative Review Process (or expedited process for immediate separation).

Ad Hoc Disruptive Student Conduct Committee
To obtain advice concerning appropriate institutional actions in the case of disruptive students, the Director of the Honor Code Office has the discretion to determine whether to convene an Ad Hoc Disruptive Student Behavior Committee comprised of representatives from any of the following entities or additional entities as needed: the Honor Code Office, the Office of the General Counsel, the Counseling and Career Center, Housing Services, the University Accessibility Center, the University Police, and the entity submitting the initial report of disruptive behavior (if a BYU department or office). The Director of the Honor Code Office will chair the committee, or designate a chairman for the committee. The purpose of the committee will be to make recommendations to the Honor Code Office. The Honor Code Office will remain responsible for the implementation of these procedures.

Grievance, Review and Appeal Process
Individuals who are disciplined for violations of the Disruptive Student Conduct Policy have a right to a review, unless it is recommended by the Director of the Honor Code Office and determined by the Dean of Students, in writing, that such a review is frivolous and without merit.

Access to Disciplinary Records
BYU must comply with the Family Educational Rights and Privacy Act (FERPA), which governs access to student educational and disciplinary records. For details relating to this process, please refer to the Access to Student Records Policy.⁵

Institutional Rights To Modify or Amend Policy
BYU reserves the right to modify this policy at its discretion. Any departure from the administration of procedures outlined in these procedures will not act to invalidate the decisions made by the university, provided the procedures followed were fundamentally fair to the student and the institution, given the facts and circumstances of the case.

¹These policies are all available in the university's electronic handbook.
² The Public Expression Standards and Procedures Policy and the Public Demonstrations or Protests on Campus Policy are available in the university's electronic handbook
³The Faculty and Employee Conduct Policy is available in the university's electronic handbook.
⁴The Church Educational System Honor Code Administrative Review Process document is available at http://campuslife.byu.edu/honorcode/office/policies/admin_review.htm
⁵The Access to Student Records Policy is available at http://campuslife.byu.edu/honorcode/policies/records.htm