Fuqua Community Standard
The Fuqua Community Standard
Duke University is a community dedicated to scholarship, leadership, and service and to the principles of honesty, fairness, respect, and accountability. Citizens of this community commit to reflect upon and uphold these principles in all academic and nonacademic endeavors, and to protect and promote a culture of integrity.
To uphold the Fuqua Community Standard:
- I will not lie, cheat, or steal in my academic endeavors;
- I will conduct myself honorably in all my endeavors; and
- I will act if the Standard is compromised.
The Fuqua Community Standard embodies Fuqua's Guiding Principles (Honor Code, Learning Partnership, Diversity Statement, and Team Charter). Community entails a sense of connectedness to others and their welfare, feeling part of Duke University every day and being responsible for its continual improvement. Community refers as well to a feeling of connection to the region of the world in which we are located. It posits the counterbalancing of group benefit with individual needs and wants, and a Duke identity with the many personal identities based on demographics and interest. The kind of environment we strive to achieve is one in which civility (but not docility) reigns; an environment in which ideas are promulgated, and challenged, in a stimulating give and take; an environment in which learning (whether from peers, faculty, administrators, or others in the Duke and broader communities) is accomplished with openness, honesty, and respect. The Honor Code is a driving influence in the community standard because it expresses our institution's core values and a concomitant set of expectations for behavior.
Because behavior is derivative of fundamental values, the community standard applies off campus as well as on. The principles it articulates, while lofty in one sense, are firmly grounded in individual decisions made on the ground every day about every aspect of the Fuqua experience, in academic and co-curricular activities alike: in the classroom, hotels, regions of the world, and wherever else students may go. In addition, the Standard asks that students not only reflect on their own behavior, as important as that is, but that they also act to encourage the integrity of their peers. By inspiring and supporting each other, students can shape their environment so that it reflects the ideals expressed in the Fuqua Community Standard.
The Standard, therefore, expresses our goals for the Fuqua community in the broadest sense and is foundational to life as a Duke student. Duke University seeks to engage all students in its tradition of honor, a tradition that defines the institution and helps to guide students during their Fuqua experience and beyond. The students here today, who are the beneficiaries of the efforts of those who preceded them, have an extraordinarily important role to play in perpetuating and strengthening this tradition.
Students' Obligation to Act
The Fuqua community stresses the commitment that students share with all members to enhance the climate for honesty, fairness, respect, and accountability at Duke University. Other than situations involving the Fuqua Honor Code, there are no disciplinary sanctions associated with the failure to act; however, students are nonetheless expected to take action—to do something—as a responsibility of membership in the Duke community.
The university recognizes that it is not always easy to act in these situations, but several alternatives are available to suit a student's level of comfort and confidence. These alternatives are not mutually exclusive:
- Speaking directly with the individual exhibiting the behavior, both to gain clarity about the situation and to inform the individual about the concern.
- Publicly calling attention to the behavior as it is occurring.
- For incidents involving social behaviors, alerting The Fuqua School of Business staff or other university staff. The information provided will give staff an opportunity to address the matter informally or through appropriate formal channels.
- For cases involving academic integrity refer to the Fuqua Honor Code.
Duke University has high expectations for students' scholarship and conduct. In accepting admission, students indicate their willingness to subscribe to and be governed by the rules and regulations of the university, which flow from the Fuqua Community Standard. These policies reflect Duke University's fundamental values—honesty, fairness, respect, and accountability.
Students acknowledge the right of the university to take disciplinary action, including suspension or expulsion, for failure to abide by the regulations or for other conduct adjudged unsatisfactory or detrimental to the university community.
The Fuqua School of Business may conduct off-campus programs and residencies during which students, faculty, and staff reside in off-campus facilities across or outside of the United States. Students of The Fuqua School of Business represent the school and Duke University at all times during these off-campus programs and residencies. As such, they are expected to conform to the university's and school's policies and standards regardless of whether or not they are participating in an official, program-related activity at the time.
When attending programs and residencies across or outside of the United States, students are expected to conform to local laws and those customs appropriate for foreign travelers. In these circumstances, students are often being held to two different standards of behavior. One standard is reflected in the local law and custom. The other is the standard of behavior expected by Fuqua and the student's program. Given circumstances where these two standards conflict, students are expected to conform to the more conservative or restrictive norms.
Students and groups may be held accountable for any violation of university policy that may or may not be included in this guide, whether on or off campus. In addition to local ordinances and state and federal laws, as well as laws of the country in which students may be present under the auspices of The Fuqua School of Business, the following policies govern the Fuqua community:
As a community of scholars and learners, Duke University expects those within its community to be responsible with the use of alcohol. This policy shall guide the role of alcohol everywhere on the Duke campus and at all events sponsored by Duke organizations, schools, or administrative units. Students, staff, and faculty members are encouraged to learn about the social, physiological, and psychological consequences of drinking and alcohol abuse. Excessive and high-risk drinking can lead to negative consequences for the Duke community, including assault, illness, injury, litter, noise, property damage, and driving under the influence. All members of the Duke community share responsibility for creating an environment that limits dangerous drinking behaviors and, therefore, reduces the likelihood of these negative outcomes.
The following shall guide the role of alcohol in the Duke community:
- All possession, consumption, and distribution of alcohol at Duke University shall be in accordance with applicable North Carolina state laws.
- Members of the Duke community are responsible for behaving in a manner that is not disruptive or endangering to themselves or others. Being under the influence of alcohol shall not be a mitigating factor for an individual's behavior.
- When persons under 21 years of age can reasonably be expected to be present at an event, proper precautions must be taken to restrict distribution and consumption of alcohol to persons of legal drinking age.
- Advertising or other communication that references the availability of alcohol at a function may neither promote alcohol as the focus of the event nor promote excessive drinking.
Unsafe or irresponsible behavior is defined as actions that are harmful or potentially harmful to one's self or others involving the use of alcohol. Such behavior includes, but is not limited to:
- Consuming an excessive quantity in a short amount of time
- Participating in or facilitating drinking games or progressive parties
- Consuming through beer bongs
- Use or attempted use of fraudulent identification or another's identification to obtain alcohol
- Making alcohol available to underage drinkers
Community Expectations Violation
It shall be a violation of the alcohol policy to engage in an action while under the influence of alcohol that is disruptive to the community. Such behavior includes, but is not limited to:
- Exhibiting disorderly conduct, damaging property, and/or fighting
- Running away or hiding from university or public officials, including law enforcement
- Vomiting and/or urinating in public
- Cursing and/or shouting at others
General Provisions Violation
Additionally, Duke University has established the following general provisions regarding alcohol:
- Only university-approved bartenders are permitted to distribute alcohol on campus, including alcohol from common-source containers.
- All students on university property consuming or possessing alcohol must carry a valid driver's license, state identification card, military identification card, or passport.
- Alcohol may not be brought in glass containers to on-campus BYOB events.
- No alcoholic beverages are permitted within the confines of campus athletic facilities during sporting events.
- The use of alcoholic beverages as a prize is prohibited.
Health and Safety Intervention
Because the health and safety of students are of primary importance, students are encouraged not only to look out for their own health and safety but also for that of their peers. When a person's health and/or safety is/are threatened or appear(s) to be in jeopardy, immediate action should be taken to prevent injury/illness/danger. The action may be a call to Duke Police (call 911 or 919.684.2444) or Student Health (call 919.681.WELL (9355)) for assistance and guidance. Whatever the particular need/problem, it is important to respond in a responsible and timely manner.
Formal disciplinary action for a violation of the alcohol policy will not be taken against students for whom medical assistance is sought, or against those who seek medical assistance for themselves or for others, provided that the student/group has not violated other university policies that warrant formal disciplinary action.
A student who receives medical assistance may be required to meet with a substance abuse specialist for education, assessment, and possible referral for treatment. The student may also be required to complete an educational assignment. A group that facilitates the acquisition of alcohol may also be required to notify its advisor, provide an educational program for members, and/or change its processes for hosting events.
In the event that a student fails to meet with the specialist, chooses not to participate in the treatment program outlined, or exhibits a pattern of abusive behavior with alcohol, the student may be subject to formal disciplinary action and/or placed on a Leave of Absence or Involuntary Administrative Withdrawal until he/she produces documentation that appropriate treatment has been successfully sought.
The following resources are available to members of the Duke community:
- Duke Police and Emergency Medical Service: 911 or 919.684.2444. Professionals will respond to assess the medical needs of an individual who is incapacitated or at-risk.
- Counseling and Psychological Services (CAPS): 919.660.1000. CAPS offers evaluation, consultation, counseling, and referrals for students concerned about alcohol use (only applicable to Daytime MBA and MMS students).
- Personal Assistance Service (PAS): 919.416.1727. PAS offers assessment, short-term counseling, and referrals for employees and faculty members concerned about alcohol use.
- Duke Addictions Program (DAP): 919.684.3850. DAP offers evaluation, consultation, and treatment for individuals with alcohol and other substance abuse issues, as well as support services for family members.
- Holly Hill Hospital: 800.447.1800. 24-hour confidential advice on alcohol abuse.
Students who behave in the classroom in such a way that the educational experiences of other students and/or the instructor's course objectives are disrupted are subject to disciplinary action. Such behavior impedes students' ability to learn or an instructor's ability to teach. Disruptive behavior may include, but is not limited to: non-approved use of electronic devices (including cellular telephones); cursing or shouting at others in such a way as to be disruptive; or, other violations of an instructor's expectations for classroom conduct.
Disorderly conduct is contrary to the mission of the university and will be addressed through the disciplinary process. Disorderly conduct is defined as:
- Any unreasonable or reckless conduct by an individual or group that is inherently or potentially unsafe to other persons or their real or personal property
- Any behavior by an individual or group that disrupts the peace or interferes with the normal operation of the university or university-sponsored activities
Disorderly conduct includes, but is not limited to: interrupting or interfering with the carrying out of the duties of a university or public official, including law enforcement; vomiting and/or urinating in public; and indecent exposure.
DRUGS AND DRUG PARAPHERNALIA
Though a portion of our programs may take place outside of North Carolina, as a policy The Fuqua School of Business applies North Carolina statues to all of its programs. Duke University prohibits members of its community, both individuals and groups, from manufacturing, selling, delivering, possessing, using, or being under the influence of a controlled substance without legal authorization as defined under North Carolina statutes. A controlled substance includes any drug, substance or immediate precursor covered under the North Carolina Controlled Substances Act, including but not limited to opiates, barbiturates, amphetamines, marijuana, and hallucinogens.
The possession of drug paraphernalia is also prohibited under North Carolina state law and university policy. Drug paraphernalia includes all equipment, products and material of any kind that are used to facilitate, or intended or designed to facilitate, violations of the North Carolina Controlled Substances Act.
In addition to disciplinary action for a violation of this policy, The Fuqua School of Business may require a student to take a leave of absence, and return to campus may be conditional upon proof of completion of a substance abuse treatment program.
As stated on the back of the DukeCard, the card "should be carried at all times and presented upon request to any university official. [It] is not transferable. The transfer of an ID card to another person, or the possession of another person's ID card, may result in confiscation of the card and [disciplinary] action."
FAILURE TO COMPLY
A student may be held accountable for failure to comply with:
- Directions, requests, sanctions rendered as a result of a disciplinary process, or orders of any university representative or body acting in an official capacity, or impeding with the carrying out of such directives
- Instructions of law enforcement officials acting in an official capacity; and/or sanctions rendered during the disciplinary process
FALSIFICATION AND FRAUD
Honesty and integrity are critical components of the Fuqua Community Standard. A student or group may be subject to disciplinary action for any of the following actions:
- Any intentional misrepresentation of fact (by action or concealment), including furnishing false information, to any university official
- Any intentional misrepresentation of fact (by action or concealment) to obtain or attempt to induce another to surrender a right, benefit or property
- Forgery, alteration, or misuse of any official document, record, key, access code or instrument of identification, or possession of such forgery
It is against North Carolina state law and Duke University policy to gamble, with the exception of the state lottery. A person/organization is gambling if he/she/it operates, plays, or bets at any game of chance at which any money, property, or other thing of value is bet. Raffles of any kind, including those sponsored by student groups, are also prohibited. A "raffle" is defined as "a game in which the prize is won by random drawing of the name or number of one or more persons purchasing chances" (N.C.G.S.§14-309.15). Poker nights and casino games are permitted only if no admission is charged, no buy-in is required, and no real money is wagered.
Hazing is a serious infraction of university regulations. The potential for hazing typically arises as part of a student's introduction to or initiation in an organization (fraternity, sorority, athletic team, or other group) in which there is often a perceived or real power differential between members of the organization and those newly joining it.
Hazing is defined as any action taken or situation created, whether on or off university premises, that is harmful or potentially harmful to an individual's physical, emotional, or psychological wellbeing, regardless of an individual's willingness to participate or its bearing on his/her membership status. Such activities and situations include, but are not limited to:
Level I Violations
- Marching in line
- Road trips
- Wearing apparel which is conspicuous and not normally in good taste, and/or inappropriate for the time of year
- Pledge/signature books
- Periods of silence
- Standing for a length of time
- Personal servitude
- Activities that would not normally construe hazing but because of time, place, or manner make them inappropriate
Level II Violations
- Sleep deprivation or interruption of consecutive sleep hours
- Expected or forced consumption of food, drink (including alcohol), or other substance
- Acts of humiliation or degradation (including streaking or wearing degrading or humiliating apparel)
- Restrictions on eating or bathing
- Acts that disrupt academic instruction or learning of others
- Interruption or interference of academic commitments
Level III Violations
- Paddling in any form
- Compromising (sexual) situations
Both individuals and groups may be held accountable under this policy. The action of even one member of a group may result in both individual and group responsibility. The following questions can help individuals/groups assess the appropriateness of an activity:
- Does the activity promote and conform to the ideals, values, and mission of both the university and organization?
- Is it an activity that all members (current and initiates) engage in together?
- Would the group's advisor, the national headquarters of a fraternity/sorority, and/or other university officials approve of the activity?
- Will this activity increase new members' respect for the group and all members of the group?
- Is the activity free of mental anguish or physical discomfort?
- Does the activity have inherent value in and of itself?
[Adapted from the Fraternity Executive Association, the North American Interfraternity Conference, Inc., and Washington University.]
DIVERSITY, EQUITY, AND INCLUSION UNIVERSITY-WIDE POLICIES AND PROCEDURES
Duke University is an institution and community committed to the principles of excellence, fairness, and respect for all people. As part of this commitment, we actively value diversity in our educational programs and activities and in the workplace and seek to take advantage of the rich backgrounds and abilities of everyone. Our equal opportunity, nondiscrimination, and harassment policies protect Duke staff, applicants, and students, as applicable, ensuring that education and employment decisions are based on individual merit, as opposed to stereotypes and biases. Listed below are links to the major policies and procedures involving diversity, equity, and inclusion at Duke.
Discrimination Grievance Procedure
Harassment Policy and Procedures
Student Sexual Misconduct Policy
Consensual Relationship Policy
Disability Accommodations Grievance Procedure
PROPERTY, FACILITIES, SERVICES
Students and groups are expected to respect the property of others (including that of the university) and may be subject to disciplinary action for the following:
- Theft of the property and/or services of another
- Damage, destruction, or defacement of the property of another, including
- Littering or chalking of university property
- Wrongful appropriation of the property and/or services of another
- Unauthorized possession and/or use of the property of another, including knowingly being in possession of stolen goods (this includes unauthorized use of vehicles, equipment, services, the Duke University name and logo)
- Unauthorized access, entry, and/or use of university or non-university facilities or property, including but not limited to buildings, classrooms, residential rooms, athletic areas, Central Campus pool, parking areas, roofs, ledges, and tunnels
- Violation of any policy or guidelines pertaining to specific usage of a university facility
[Wording adopted from Eastern Michigan Student Conduct Code]
PHYSICAL ABUSE, FIGHTING, AND ENDANGERMENT
Any physical abuse, fighting, and/or endangerment to an individual or group is specifically prohibited. This behavior includes, but is not limited to:
- Physical violence (initiating or responding to) or attempted physical violence against another person or group, including fighting
- Threat of physical violence against another person or group
- Any action that endangers the health, safety or welfare of a person or group
- Attempting to, or actually harming oneself
[Wording adopted from Eastern Michigan University Student Conduct Code]
Sexual misconduct, including acts of sexual violence, is a form of sexual harassment that is prohibited under federal law and the Duke University Harassment Policy and the Student Sexual Misconduct Policy. The Student Sexual Misconduct Policy applies to allegations that a student (the respondent) has engaged in sexual misconduct towards another student, an employee, or a third party (e.g., a vendor, contractor, or visitor).
Complaints that a student engaged in sexual misconduct may be filed with the the Office of Student Conduct at (919) 684-6938; firstname.lastname@example.org; 200 Crowell Building; Box 90893, Durham, NC 27708. Complaints of sexual misconduct in which the respondent is not a student (i.e., in which the respondent is an employee or a third party) are addressed through the Harassment Policy. Complaints that an employee or third party engaged in sexual misconduct may be filed with the Office of Institutional Equity.
The Office for Institutional Equity is responsible for implementing and monitoring Duke University’s compliance with federal regulations concerning harassment and discrimination. Concerns, complaints, or questions regarding discrimination and harassment generally may be directed to:
Dr. Benjamin Reese, Jr.
Vice-President for Institutional Equity
114 S. Buchanan Blvd., Bay 8
PO Box 90012
Durham, NC 27708
Concerns, complaints, or questions regarding sex discrimination (including sexual harassment and related sexual misconduct), domestic violence, dating violence, and stalking may be directed to:
Director of Title IX Compliance
114 S. Buchanan Blvd.
PO Box 90012
Durham, NC 27708
Federal regulations and university policy protect against retaliation directed at any individual who files a complaint under this policy, participates in a complaint investigation, or complains about discrimination or harassment in other ways. A complaint of retaliation may be initiated with the Office for Institutional Equity or the Office of Student Conduct.
Note: Any university employee—as well as any student who serves in an ongoing peer-advising role—informed of an allegation of sexual misconduct involving a student is expected to notify the Office of Student Conduct with the names of the parties involved and the details of the report shared with him/her. University employees who serve in a professional role in which communication is privileged under North Carolina law (e.g., medical providers, therapists, licensed rape crisis counselors, clergy) are not bound by this expectation, except as required by law.
Upon receipt of a report the Office of Student Conduct or the Office for Institutional Equity will take appropriate responsive action to ensure that the educational or work environment at Duke University is free of discrimination and a hostile environment. This may include commencement of the disciplinary process against an accused individual. Additionally, as appropriate, steps may be taken to provide interim supports and protective measures to the complainant and any other affected individuals and remedies to address the effects of the harassment should it be found to have occurred.
Recognized student organizations may use the West Campus Plaza for the purpose of sales, distribution, or promotion of events, also known as "tabling." Tabling is administered by:
University Center Activities & Events
101 Bryan Center
Solicitation is prohibited within a 200-foot radius of the West and East Campus bus stops. Commercial or outside solicitors (including student employees of outside vendors) are prohibited without permission of the appropriate space manager.
Duke University prohibits stalking and cyberstalking. Stalking is a course of conduct (including cyberstalking) directed at a specific person that would case a reasonable person to fear for their or others' safety, or to suffer substantial emotional distress. Reports of stalking based on sex or gender committed by a student are handled under the Student Sexual Misconduct Policy.
UNAUTHORIZED SURVEILLANCE, PHOTOGRAPHY
Capturing or recording audio, video, or photographic images of an individual in a location or under circumstances in which that person has a reasonable expectation of privacy, including, but not limited to, shower/locker rooms, residence hall rooms, and restrooms, without that individual's express/explicit consent, is prohibited. Also prohibited is the storing, sharing, and/or other distribution of such unauthorized surveillance/photography (no matter whether directly or indirectly obtained) by any means, electronic or non-electronic. [Wording adopted from Rice University.]
WEAPONS, FIREARMS, EXPLOSIVES
Though a portion of our programs may take place outside of North Carolina, as a policy The Fuqua School of Business applies North Carolina statues to all of its programs. It is against North Carolina state law and university policy to possess and/or use a gun, rifle, pistol, or other firearm of any kind, or any powerful explosive on university property. Additionally, other than when permitted by the vice president for Student Affairs (or his/her designee) for legitimate educational purposes, students are not permitted to possess and/or use on campus any weapon, including but not limited to mace, BB gun, stun gun, paintball gun, potato gun, realistic-looking toy gun, air rifle, air pistol, sword, bowie knife, dagger, slingshot, switchblade knife, blackjack, and metallic knuckles.
Other violations for which students or groups may be subject to disciplinary action include, but are not limited to:
- Violating any other published or posted university regulation not specifically mentioned in this document
- Acting as an accomplice through action or negligence to the commission of any prohibited act
- Attempting or intending to commit any violation of laws and/or university policies
- Violating local ordinances or state or federal laws (as determined through the university's disciplinary process), including those related to noise, housing occupancy, and/or the use or distribution of alcohol
Bringing a Complaint Against a Student or Group
Complaints regarding student or group behavior may be filed with The Fuqua School of Business, or in cases of harassment, with the Office for Institutional Equity. In any situation where a party is unsure of whom to call, he/she may contact his/her academic program office.
Any alleged violation of university policy, including academic dishonesty, is within the scope of The Fuqua School of Business. If Fuqua determines that another office is more appropriate to handle the situation, the case may be referred to that office.
Prior to investigation and resolution, interim restrictions may be placed on a student to protect the health and safety of students or the community. These restrictions may include a "no contact order," removal of campus privileges, suspension of activity, or suspension from the university.
An interim suspension from the university may be imposed by the dean of the school, or designee, and shall become effective immediately without prior notice whenever there is evidence that the continued presence of the student poses a substantial and immediate threat to him/herself, to others, or to the university community. Should an interim suspension be issued and resolution of the matter that prompted it not be resolved within two weeks, the interim suspension may convert to an administrative leave of absence.
The university invites students to participate fully in all aspects of the disciplinary process. If a student elects not to participate in any part of the process (e.g., submitting a written statement or participating in a hearing), The Fuqua School of Business may proceed without benefit of that student's input. A student will be held accountable for any sanctions issued as a result of a hearing.
The academic program designee will gather information regarding the alleged incident in order to determine the appropriate means of resolution. Investigations may include interviews, a review of related documents, requests for written statements from any person involved in the alleged incident, and review of material available electronically. Students are encouraged to be forthright and as specific as possible when offering information related to an investigation, but may choose the extent to which they share information.
Cases may be dropped for insufficient information, or informal resolution or disciplinary action. In order for a case to be referred for disciplinary action, there must be sufficient information to believe that a policy violation may have occurred and that the alleged individual may be responsible.
Referral for Disciplinary Action
If a case is referred for disciplinary action, the student will be notified of the incident in question and the policy violation(s) under consideration, and will be given an opportunity to respond. There are several means by which to resolve disciplinary situations.
Disciplinary hearings are not trials and are not constrained by rules of procedure and evidence typically used in a court of law. The university disciplinary system operates under a standard of fairness, which includes an opportunity for the student to be notified of the alleged incident and policy violations under consideration and an opportunity to be heard.
Resolution through Agreement
If a student accepts responsibility for (an) alleged violation(s), the academic program designee may propose an appropriate sanction(s) based on the specifics of the case, precedent, and university interests.
If the student accepts responsibility and agrees to the proposed sanction(s), the student waives his/her right to appeal, the resolution becomes final, and the outcome is recorded on the student's disciplinary record. If the student accepts responsibility, but is unable to agree to the proposed sanction(s), the case will be forwarded to a hearing to determine (an) appropriate sanction(s).
If the student denies responsibility, the case will be forwarded to a hearing to determine responsibility and (a) sanction(s) as appropriate.
Disciplinary Hearing Types
There are two types of hearings. Most cases are decided upon through an administrative hearing, which is a discussion between the student/group and the Associate Dean or designee. Cases that are serious in nature, involve complicated facts, and/or involve students/groups with previous disciplinary violations may be forwarded to the Fuqua Conduct Board (FCB) for resolution. Students who face a possible sanction of suspension or expulsion may request to have his/her case heard by a panel of the FCB. Groups who face possible dissolution may request a hearing by a panel of the FCB.
An administrative hearing is a discussion between a student/group alleged to be in violation of university policy and an academic program designee. Students/groups will be notified (typically via email) of the specific violations under consideration in advance of an administrative hearing. The Associate Dean or designee will review the complaint with the student/group and give the student/group an opportunity to respond. The Associate Dean or designee will determine whether the student/group is responsible for the alleged policy violation, and if so, issue (an) appropriate sanction(s). Administrative hearings are conducted in private.
Upon proper notice, if a student/group fails to attend an administrative hearing, the Associate Dean or designee, may proceed to resolve the case without benefit of that student's/group's input.
All decisions of responsibility issued by the FCB are based on clear and convincing information, except for allegations of discrimination and/or harassment-related behaviors (including sexual misconduct), which are handled under the procedures set out in the Discrimination Grievance Procedure, Harassment Policies and Procedures, or the Student Sexual Misconduct Policy and decided based on the standard of preponderance of the evidence. In determining sanctions, the Associate Dean, or designee, will take into account the interests of the student/group and the university, previous violations of the student/group, and prior university response to similar violations.
The Associate Dean or designee has the right to refer the case discussed in an administrative hearing to the Fuqua Conduct Board. Additionally, If a student/group does not accept the administrative hearing resolution, he/she/it may request by the stated deadline a hearing before the Fuqua Conduct Board.
Fuqua Conduct Board Hearings
The Fuqua Conduct Board is a group of faculty and staff appointed to hear infractions of university and Fuqua policy. The board is charged with determining whether a student's/group's actions constitute a violation of Fuqua or university policy and, if so, an appropriate response. In determining an appropriate response, consideration is given to the student's/group's interests as well as the university's interest in maintaining high standards.
The Senior Associate Dean of Programs, or designee, will appoint five panelists which will include a combination of faculty and staff. One panelist will be appointed to be the chair of the hearing panel. The chair is responsible for running the proceedings and moderating all discussions
All FCB hearings are conducted in private. Any student whose presence is required by the conduct officer at a hearing will be excused from any other university responsibility.
Accused students are entitled to the following procedural rights when facing a hearing before the Fuqua Conduct Board:
- To be informed that he or she is under investigation
- The right to seek advice from other members of the Fuqua community
- To be given an opportunity to respond to allegations
- To choose the extent to which he or she shares information
- To be notified of a hearing at least 120 hours (five days) in advance (notification will include the time, date and location of the hearing and witnesses)
- To know of and review written evidence and charges presented to the hearing panel at least 120 hours (five days) in advance
- The right to have an advisor from the university community present at the Conduct Board hearing, although it is not the responsibility of The Fuqua School of Business to provide such an advisor
- To have up to two character statements submitted on his/her behalf that may not specifically address the issue at hand
- To a fair and impartial hearing
- To rebut any witness testimony presented against him or her
- To present additional witnesses or information at the hearing (the relevancy of which may be determined by the Board)
- To be found responsible only if the evidence meets a clear and convincing burden of proof
- To appeal based upon clearly stated grounds
Advisors: Accused students are encouraged to seek advice and support from whomever they choose throughout the disciplinary process. An advisor may accompany a complainant to any FCB. The advisor must be a current Duke student or a Duke-employed faculty or staff member. The advisor may not be a member of the FCB and may not serve as a material or expert witness. The role of the advisor is to assist and support the student through the disciplinary process. The advisor may not address the hearing panel or any witness during the hearing.
Notice: An accused student will be notified of a FCB hearing at least 120 hours (five days) in advance. The notice will include the date and time of the hearing, the specific charges at issue, and copies of all written information given to the hearing panel. The conduct officer also may include information clarifying or noting any additional information gathered through the investigation without expressing any personal opinion about the merits of the case. At times of the year when 120 hours of notice is not practical due to a student's academic calendar, pending graduation, study abroad, GATE trip, program residency, or participation in a university-sponsored activity, a student must either waive this right or not participate in the pending activity until the matter is resolved.
The complainant will also be notified of the hearing if his/her presence is required. At his or her request, the complainant may also receive—within the parameters of FERPA—a copy of the written information given to the hearing panel.
Upon proper notice, if the student fails to attend the hearing, the hearing panel may proceed in his/her absence.
Witnesses: The conduct officer may request the presence of any witness with pertinent information about a case. If a witness is unidentified or unavailable to attend the hearing, his/her statement may not constitute a sole or substantial basis for determining responsibility. If he/she is necessary and unidentified or unavailable, the conduct officer or the chair of the hearing panel may suspend or dismiss the proceedings.
The accused student/group may bring relevant material witnesses to speak on his/her/its behalf. Absent exceptional circumstances, the accused student/group should inform the conduct officer in writing at least 24 hours in advance of the hearing the names of the witnesses and to what they will attest. The panel may determine the extent to which witnesses will be permitted in the hearing, including relevancy of questioning and information presented.
Two written character references may be submitted to a hearing panel before a hearing begins. Character references may only address the character of the accused and may not address the specific issue at hand. An accused student also may request the attendance of any person who has submitted a written statement against him/her.
Procedure: The general course of procedure for FCB hearing is as follows: introductions; confirmation that the accused understands his/her rights; reading of the chargers; plea(s) from the accused; opening comments from complainant(s) (if applicable); opening comments from accused; questions; testimony/questions of other material witnesses (if applicable); closing comments from complainant (if applicable); closing comments from accused.
The panel may impose time limits on any stage of the procedure. The panel may also determine the relevance of any witness or information to be presented and/or considered.
Information to be Considered by the Panel: The panel may consider any information it deems relevant, including documentation and expressions of opinion. If the panel needs additional information during a hearing, such as verification of a fact at issue, an expert opinion, etc., the panel may request such information and may suspend its decision until such information is obtained. The accused student/group will have the right to respond to any additional information that is to be used in considering an outcome.
Outcome: Based on clear and convincing information considered during the hearing, the panel may find a student/group responsible for an alleged violation by majority vote. The panel, also by majority vote, may dismiss any charge.
Upon finding a student/group responsible for a violation of university policy, the panel may determine and impose an appropriate sanction(s). Consideration may be given to the nature of and circumstances surrounding the violation, the student's/group's acceptance of responsibility, prior disciplinary violations, the impact of a sanction on the student/group, precedent cases, university interests and any other information deemed relevant by the hearing panel. All sanctions must be decided by majority vote with the exception of suspension or expulsion of an individual or dissolution of a group. These sanctions must be supported by at least 4 of the 5 members of a panel.
Notification and Record of the Hearing Outcome: The panel chair and/or academic program designee will notify the accused student/group of the outcome of the hearing. A written hearing report describing the outcome, with a brief explanation of the reasoning, will be given to the accused student/group. A copy of the written hearing report will be placed in the precedent files with any personally identifying information removed. (The precedent files are not updated immediately in order to help protect confidentiality.)
The complainant will be informed of the outcome of a hearing in accordance with federal guidelines.
An audio recording of each hearing (does not include deliberations) will be made by the Fuqua Conduct Board and kept on file for three years. Reasonable care will be taken to create a quality recording and minimize technical problems; however, technical problems that result in no recording or an inaudible one will not be a valid argument for appeal.
Any disciplinary action by The Fuqua School of Business may result in penalties (singly or in combination), including, but not limited to, those from the following list. In determining appropriate sanctions, consideration may be given to the nature of and circumstances surrounding the violation, the student's acceptance of responsibility, prior disciplinary violations, the impact of a sanction on the student, precedent cases, university interests and any other information deemed relevant.
Dismissal and permanent removal from the university without possibility of readmission or reinstatement. A permanent notation to that effect is made on the student's permanent academic record.
A student's degree may be revoked. In such a case, a permanent notation to that effect is made on the student's permanent academic record.
A suspension is an involuntary dismissal from the university for a specified period of time, which may include the current semester/term and such additional semesters/terms as deemed appropriate by the hearing panel. (Exclusion from campus will be considered in cases resulting in a suspension.)
Readmission as a student in good standing is coordinated through the academic dean of the program or designee and, in addition to guidelines set forth by the academic dean or designee, is contingent upon satisfaction of any requirements stated in the original sanction. Upon a student's readmission to and matriculation in the university, the student is placed on disciplinary probation for the remainder of his/her graduate career.
As suspension constitutes an involuntary withdrawal from the university, a permanent notation to that effect is made on the student's permanent academic record.
A student who is suspended after having satisfied all degree requirements must apply for readmission in accordance with normal procedures. If readmitted, the student's degree will be awarded at the regular conferral date for the final semester of the suspension period. The student may not participate in commencement exercises until readmitted.
In the event that a disciplinary suspension and an academic withdrawal occur simultaneously, the two withdrawals are to be in effect consecutively.
The privilege of a group to be recognized at Duke University also may be suspended or revoked (dissolution).
A status imposed on a student for a specific period of time during which another violation of university policy or violation of any of the conditions of the probation shall result in an augmented disciplinary action, including the possibility of suspension. Disciplinary probation may include a restriction of the student's privileges or eligibility for activities.
A formal written reprimand for violation of the specified policy(ies).
A written notice indicating violation of the specified policy(ies). The resolution of this case will not become part of the student's disciplinary record (i.e., it will be treated as an informal resolution) unless there is a subsequent university policy violation.
Withdrawal of Privileges
This may include, but is not limited to, withdrawal of the privilege to have a car on campus, park on campus, attend or participate in university programs or activities (such as sporting events, intramurals, performances, graduation exercises, host/sponsor events, etc.), or maintain computer account privileges.
A student or group may be excluded from access to or use of specified university-owned premises and/or facilities.
No Contact Order
A student may be prohibited from communicating with a named individual.
Payment for all or a portion of injury or damages to person(s) or property caused by an individual.
Payment to Duke University of a reasonable sum of money by an individual or group.
Mental Health, Medical Assessment and/or Treatment
A student may be recommended or required to seek a mental health/medical assessment from CAPS, Student Health, or other appropriate professional. The Fuqua School of Business will not be privy to the contents of that assessment without the permission of the student but may require verification that the assessment was completed and that the student followed through with recommendations of the professional.
A student/group found responsible through a hearing of the Fuqua Conduct Board or an Administrative hearing may appeal the outcome of the hearing by the stated deadline. The appeal is not a re-hearing of the case; it is a written statement to the dean of The Fuqua School of Business, or designee, specifically stating the grounds for the appeal and any supporting information. The exclusive grounds upon which an appeal may be made are:
- New information (available after the hearing) of a nature that the verdict or sanction may have been different
- Procedural errors within the hearing process which may have substantially affected the fairness of the hearing
- The finding of responsibility was inconsistent with the weight of the information
The dean, or designee, will review the appeal, the hearing report and any evidence included in the hearing. (In cases of suspension or expulsion for individuals and dissolution for groups, the accused may make a written request in the appeal to meet with the dean or designee. When granted, the student or group president will meet alone with the dean or designee.) The dean, or designee, may consult in confidence with other members of the university community (or persons brought forth by the student/group as part of the appeal) in order to substantiate the grounds for appeal or to seek clarification of issues raised in the appeal.
If the grounds for appeal are substantiated, the dean, or designee, may determine a final resolution to the case or refer the case back to the conduct officer for further review and/or a new hearing. (If the case is referred for a new hearing, the dean, or designee, may recommend that alternate violations be considered.) A written decision will be delivered to the student/group and the conduct officer.
Disciplinary Records/Student Status
When students/groups are found responsible for a violation of university policy through an administrative, FCB, or accept responsibility through an agreement, the case will be recorded on a student's/group's disciplinary record. (See "Admonition" under "Sanctions" for recording of these resolutions.) The record will be maintained by The Fuqua School of Business and kept in accordance with FERPA. Individual disciplinary records are kept on file for eight years from the date of a student's matriculation, except in cases resulting in suspension or expulsion, in which disciplinary records are kept indefinitely.
Status of a Student/Group Pending Final Resolution of a Disciplinary Case
Until a final resolution is determined; the status of a student/group will not change unless interim restrictions have been imposed to protect the health and safety of the student/group or the university community. A student with disciplinary action pending, however, may not participate in commencement exercises until his/her case is resolved.
At any time after the filing of a complaint, the conduct officer or designee, after consulting with a student's academic dean, may place a "disciplinary hold" on the academic and/or financial records of any student pending the outcome of proceedings or to enforce a disciplinary sanction. A "disciplinary hold" may prevent, among other things, registration, enrollment, matriculation, the release of transcripts, and the awarding of a degree.
Disciplinary Action While Civil/Criminal Charges Pending
Students may be accountable to both civil authorities and to the university for acts that violate local, state or federal laws. (Students are encouraged to seek advice of legal counsel when they face criminal charges.) Disciplinary action through university processes concurrent with criminal action does not subject a student to "double jeopardy."
The university operates under different policies, procedures and standards and thus, will not be bound by the findings of a court of law. If the court's outcome satisfies the university's interests, such outcome may be recorded on the student's disciplinary record without invoking the university disciplinary process. Should any criminal proceeding result in a felony conviction, as a result of an incident on or off campus, the Vice President for Student Affairs reserves the right to summarily dismiss a student.
University disciplinary action will normally proceed during the pendency of a criminal or civil action. A student may request, however, that the university disciplinary process be placed on hold until criminal actions are resolved. The conduct officer or designee will decide whether this request will be granted. In such a case, interim restrictions may be imposed. The university reserves the right to proceed with the disciplinary process at any point.
APPENDIX (TO COMMUNITY STANDARD)
Appendix A — Involuntary Administrative Withdrawal
Students who exhibit harmful, potentially harmful, or disruptive behavior toward themselves or others may be subject to involuntary administrative withdrawal from the university if their behavior renders them unable to effectively function in the university community. Such behavior includes, but is not limited to, that which:
- Poses a significant threat of danger and/or harm to self and/or other members of the university community
- Interferes with the lawful activities or basic rights of other students, university employees, or visitors
Any member of the university community who has reason to believe that a student may meet the standard for an involuntary administrative withdrawal may contact the Vice President for Student Affairs or his/her designee. The vice president or designee will conduct a preliminary review in consultation with professionals from Student Health and/or Counseling and Psychological Services, the student's academic dean, and/or other relevant individuals. The vice president or designee will meet, when possible, with the student in question to discuss the information that has been presented and give the student an opportunity to respond. The vice president or designee may mandate that the student be evaluated by a specified health professional within a given time frame if an evaluation has not already been conducted.
In the instances described above, the Vice President for Student Affairs or designee may confer with the Fuqua dean who has final authority over implementation of an involuntary administrative withdrawal. A written statement citing the reasons for an involuntary administrative withdrawal will be forwarded to the student's academic dean, who will withdraw the student from the university. At any point in the process the student may request a voluntary withdrawal.
Appendix B — Nondiscrimination Statement
Duke University is committed to encouraging and sustaining a learning and work community that is free from prohibited discrimination and harassment. The university prohibits discrimination on the basis of race, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, sex, genetic information, or age in the administration of its educational policies, admission policies, financial aid, employment, or any other university program or activity. The university also makes good faith efforts to recruit, employ, and promote qualified minorities, women, individuals with disabilities, and veterans. It admits qualified students to all the rights, privileges, programs, and activities generally accorded or made available to students. Duke University has designated Dr. Benjamin D. Reese, Vice-president for Institutional Equity, as the individual responsible for the coordination and administration of its nondiscrimination and harassment policies. The Office for Institutional Equity is located in Smith Warehouse, 114 S. Buchanan Blvd., Bay 8, Durham, NC 27708; (919) 684-8222; email@example.com.
The university also does not tolerate harassment of any kind. Sexual harassment and sexual misconduct are forms of sex discrimination and prohibited by the university. Duke University has designated Howard Kallem as its Director of Title IX Compliance and its Age Discrimination Act coordinator. He is also with the Office for Institutional Equity and can be contacted at (919) 684-1437 or firstname.lastname@example.org.
Questions or comments about discrimination, harassment, domestic violence, dating violence, and stalking can be directed to the Office for Institutional Equity, (919) 684-8222. Questions or comments about sex-based and sexual harassment, domestic violence, dating violence, and stalking committed by a student can be directed to the Office of Student Conduct at (919) 681-6938. Additional information, including the complete text of the university's harassment policies and appropriate complaint procedures, may be found by contacting the Office for Institutional Equity or the Office of Student Conduct.
Retaliation prohibited. Federal regulations and university policy protect against retaliation directed at any individual who files a complaint under the University's policies and procedures prohibiting discrimination or harassment, participates in a complaint investigation, or complains about or opposes discrimination or harassment in other ways. A complaint of retaliation may be initiated with the Office for Institutional Equity or the Office of Student Conduct.
For further information on notice of nondiscrimination, you can contact the Office for Civil Rights of the U.S. Department of Education at 400 Maryland Ave., SW, Washington, DC 20202-1475 or call 1 (202) 453-6020.
Any member of the Fuqua community who believes that he or she has been harassed, or needs administrative support for any other reason, is encouraged to discuss their situation with the designated program leads noted below, who are available to assist: