Common Terms and Definitions

Preponderance of the Evidence: Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.

Student Conduct/Judicial:  The term judicial and phrase student conduct are used to describe the same items.  For example, judicial coordinator and student conduct coordinator are the same position.

Sanctions:  Sanctions are educational and/or punitive responses to any violations in which the accused/respondent is found responsible for a violation of University policy.

Interim Measures:  Interim measures are temporary measures that may be put in place in order to ensure safety or protection of any member of the campus community, or the campus community in its entirely.

Jurisdiction:  Jurisdiction refers to the physical locations and time frames to which the student is required to adhere to the Student Code of Conduct.  The specifics are defined in Student Code of Conduct Article III.A – Proscribed Conduct: Jurisdiction of the University Student Code.

Accused Student/Respondent/Responding Party: These terms are all used to describe the student who is being accused of violation of University policy.  The presumption is that the student is not responsible until the student admits responsibility or evidence leads to a finding of responsibility based on a preponderance of the evidence.

Full Restrictions: Full Restrictions may be a discretionary sanction as a result of a finding of responsibility or it may be used as interim measure.  Full restrictions allow the student to continue to attend their classes and remain a registered student.  However, the student would not be permitted to attend any other campus events, including athletic events or practices for a team in which they may be involved, other campus events/activities, or loitering in any on campus area when they are not in class.

Restrictions: Other restrictions may be put in place as a discretionary sanction as a result of a finding of responsibility or it may be used as interim measure.  These restrictions can limit the student’s access to specific facilities, such as residential facilities, or specific academic or administrative buildings based on the circumstances of their incident.  These restrictions may also limit their involvement in specific events, organizations or activities as well.  Specific details of restrictions will be based on the details of the incident and will be outlined in the letter for interim measures or sanctions.

Definitions within the Code of Conduct (Article I, Student Code of Conduct)

1. The term University means West Liberty University.
2. The term “student” includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the University or who have been notified of their acceptance for admission are considered “students” as are persons who are living in University residence halls, although not enrolled in this institution. This Student Code applies at all locations of the University, including areas outside of the main campus where classes or activities are held.
3. The term “faculty member” means any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.
4. The term “University official” includes any person employed by the University, performing assigned administrative or professional responsibilities (including student paraprofessional staff such as resident assistants).
5. The term “member of the University community” includes any person who is a student, faculty member, University official or any other person employed by the University.
6. The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).
7. The term “organization” means any number of persons who have complied with the formal requirements for University recognition.
8. The term “Student Judicial Board” means any person or persons authorized by the Judicial Coordinator to determine whether a student has violated the Student Code and to recommend sanctions that may be imposed when a rules violation has been committed.
9. The term “Judicial Coordinator” means a University official authorized on a case-by-case basis by the Vice President of Student Services to impose sanctions upon any student(s) found to have violated the Student Code. The Vice President of Student Services may authorize a Judicial Coordinator to serve simultaneously as a Judicial Coordinator and the sole member or one of the members of the Student Judicial Board. The Vice President of Student Services may authorize the same Judicial Coordinator to impose sanctions in all cases.
10. The term “shall” is used in the imperative sense.
11. The term “may” is used in the permissive sense.
12. The Judicial Coordinator is that person designated by the Vice President of Student Services to be responsible for the administration of the Student Code.
13. The term “policy” means the written regulations of the University as found in, but not limited to, the Student Code, Student Life Handbook, the University web page and computer use policy, and Graduate/Undergraduate Catalogs.
14. The term “cheating” includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
15. The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
16. The term “complainant” means any person who submits a charge alleging that a student violated this Student Code. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the complainant, even if another member of the University community submitted the charge itself.