STUDENT HANDBOOK

The purpose of Wartburg College’s Code of Student Conduct is to foster an environment that promotes informed citizenship, respect for human community, and fairness. Our Wartburg community is dedicated to honoring the Ubuntu spirit in which we show our humanity to one another.

The Ubuntu word itself captures the spirit of being human. We gain strength from our diversity, and we actively seek participation from those who enhance it. Therefore, this code of conduct exists to ensure that we challenge prejudice that jeopardizes the participation of any student in the activities, programs, and services of Wartburg College. Any action by a member of the campus community to deny, deprive or limit the access, benefits and/or opportunities of any student will not be tolerated.

Just as each student bears responsibility for his or her conduct and assumes reasonable responsibility for the behavior of classmates and guests, the College strives to respond to all reports of violations in a prompt manner with an emphasis on non-adversarial resolution, reasonable determination of consequences, and meaningful implementation of remedies.

Wartburg College is committed to the acquisition of knowledge, the pursuit of truth, the development of students, and promotion of the general well-being of society. Therefore, students are expected to develop the capacity to acknowledge that their actions reflect not only upon themselves but that their conduct also reflects upon their classmates and the larger campus community.

We therefore strive to:

• Be considerate. Our personal decisions do affect others, and we in turn depend on others to enhance our experiences.
• Be respectful. We also show respect as we work together as students, faculty, and staff to resolve conflict, and to assume good intentions in others. A Wartburg student is expected to show respect for professors and classmates and expected to express oneself with civility and to exemplify a high sense of personal honor and integrity.
• Take responsibility for our words and our actions. It is important to acknowledge that we can all make mistakes, and when we do, we take responsibility for them. We listen carefully and respectfully, and work to right the wrong.

For purposes of this Code of Student Conduct, the following terms and definitions will apply.

The term “Wartburg,” “college” or “institution” means Wartburg College.

The term “student” means a person who has gained admission or who is registered for credit or non-credit coursework at Wartburg College and its sponsored off-campus programs. Enrollment begins when the student physically arrives on the campus, at the program’s location, or logs on to the online instructional delivery program. Enrollment lasts for as long as the student maintains a continuing academic relationship with the College.

The term “college official” means any person employed by Wartburg who performs assigned administrative or professional responsibilities.

The term “charge” means an allegation of a potential violation of a policy, standard or rule.

The term “complainant” means any person who submits information indicating that a student may have violated the Code of Student Conduct.

The term “respondent” means any student charged with a violation of the Code.

The term “investigation” means the follow-through on a complaint to ascertain details and circumstances associated with a complaint alleging a violation of the Code.

The term “hearing” means any meeting, conference or other formal review process in which decisions are made regarding matters of student conduct.

The term “advisor” means a person selected by and assists a complainant or respondent throughout the student conduct process. Students may choose any person as their advisor, including but not limited to staff, faculty, family members, and legal counsel. The advisor’s role in the hearing is to personally advise the student. During the hearing, the advisor may consult with their advisee quietly or in writing, or outside during breaks. The advisor may not conduct or direct cross-examination, ask questions, or make presentations or comments to the student or hearing body during the hearing.

The term “burden of proof” describes the standard of evidence used to make a determination of responsibility in a student conduct hearing. Wartburg uses a “Preponderance of Evidence” standard which means that it is more likely than not that a violation occurred.

The term “sanction” is used to describe remedies and/or requirements given to a student in response to a violation of the Code of Student Conduct. 

The term “premises” includes all land, buildings, facilities, and other property in the possession of, owned, used, leased, or otherwise controlled by Wartburg College (including adjacent streets and sidewalks).

The term “college” means Wartburg College.

The term “organization” means a group whose members are primarily Wartburg students including but not limited to academic, social, athletic, recreational, religious, or similar groups. Under most circumstances, an organization has complied with requirements for college recognition and are advised by a member of the faculty or staff.

Wartburg’s code of student conduct has as its primary purpose, to be educational. Decisions that resolve incidents of misconduct and those determinations that remedy violations are made in a spirit of equity and fairness.

The code applies to behaviors that take place on campus, at college-sponsored events, and the code may also apply to off-campus settings including the online environment when the conduct affects a substantial college interest.

The following designated personnel, boards and panels as defined have a responsibility for the student conduct process.

Administrative Hearings
The administration and faculty serve as an initial level of response with most code of student conduct violations. Wartburg personnel responsible for activities, programs and facilities will typically assume responsibility to investigate, to review the facts, and to exact sanctions if necessary and appropriate.

Administrative hearings are also convened when there is concern for inappropriate disclosure such as at times of extreme emergency, or when immediate action is warranted either for the sake of the welfare of an individual or of the campus community. During times when the Campus Appeals Board cannot be convened (i.e., the end of an academic year or end of a semester, summer school, etc.) the administration will act on all student conduct matters.

Campus Appeals Board
The Campus Appeals Board (CAB) has authority to review incidents involving violations of policies, standards and rules except complaints involving academic integrity (Honor Code), and Title IX policies (i.e., civil rights, discrimination, harassment, stalking, retaliation etc.). This board will review appeals and referrals from administrative hearings.

CAB is composed of seven members; four students appointed by the Student Senate, three faculty members and one administrator. The Dean of Students (or designee) serves as the administrator and assumes a role as convener of the board and non-voting advisor.

Title IX Complaint Resolution
The College’s Title IX Coordinator acts upon any notice or complaint involving sex-based misconduct (including harassment, assault, dating violence, domestic violence, and stalking). Upon a timely preliminary investigation, the Title IX Coordinator has the authority to initiate  one of three possible responses: (1) Offer supportive measures when a complainant chooses to not proceed formally; (2) Facilitate an informal resolution by means of mediation, a negotiated plea of accepting responsibility, a negotiated resolution with consent of both the complainant and the respondent that satisfies both parties or, an agreed upon remedy involving supportive measures; (3) Formal grievance process with notice of investigation and allegation involving impaneling a Grievance Process Pool comprised of administrators, faculty, and staff.

Student Honor Council
Wartburg’s Honor Code consists of interrelated elements that guide scholarship and learning; the Honor Pledge, the faculty’s authority for incidents of misconduct in their classroom, the academic dean’s duty to review and adjust consequences if deemed appropriate, the Student Honor Council, and a set of judicial procedures that guide the review of alleged academic misconduct.

The Student Honor Council is comprised of nine students appointed by the Student Senate. This body is convened upon request of the faculty member and/or the academic dean and has responsibility to review reports of alleged violations of academic integrity policies. If a student is found responsible, the council will determine an appropriate consequence.

The following statements of policy, standards and rules define inappropriate conduct. The Code of Student Conduct applies to all students, in settings that take place on campus, at college-sponsored events, and may also apply to off-campus settings including the online environment when the conduct affects a substantial college interest.

Academic Integrity. The Honor Code is a statement of academic responsibilities that Wartburg College students agree to support. The Code embodies the values of integrity and trust that are fundamental to Wartburg College. Students are expected to adhere to each of the following essential principles:

• Submit only original work and properly cite ideas of others, including fellow students.
• Refrain from giving or receiving unauthorized aid on examinations and assignments.
• Report any act that violates these principles.
• Seek clarification if uncertain about the expectations on a particular assignment.

Alcoholic Beverages. The possession and use of alcoholic beverages is prohibited on the premises except as specified below. The following provides additional clarification regarding alcohol-related standards and procedures:

• It is unlawful in the State of Iowa for persons under the age of 21 to possess or consume alcoholic beverages. It is also illegal to sell or distribute alcoholic beverages to persons under the age of 21.
• Intoxication and other alcohol-related behavior is not condoned.
• The possession of alcoholic beverage containers, either full or empty, is taken as a presumption of a violation of this alcoholic beverage policy.
• Clinton, Slife and Vollmer Halls are designated as alcohol-free residences. Alcoholic beverage possession and use is prohibited in these three residence halls. Because Slife Hall and Vollmer Halls are part of the Ubuntu Center complex, all common areas in the Ubuntu Center are also designated as alcohol-free.
• Alcoholic beverage possession and use is permitted in designated housing facilities when students are 21 years of age or older under the following conditions:

1. Use is limited to the privacy of students’ assigned room or common suite, if all occupants are 21 years of age, and no minors are present.
2. Transportation of sealed alcoholic beverages within the residential facility is permitted – no open containers permitted in common areas.
3. The privilege to possess and consume an alcoholic beverage is limited to a quantity defined for personal use only – no kegs, common-source containers, or quantities of beverage that cannot be safely and responsibly consumed by a single individual. Therefore, drinking contests and beverage paraphernalia such as beer bongs are also prohibited.

• On-campus advertising that promotes the use of alcoholic beverages including the publicizing of off-campus parties is not permitted.
• Student organization funds may not be used to purchase alcohol or sponsor an event where alcohol is available.
• Medical Amnesty – Seeking medical assistance when faced with an alcohol or drug related emergency far outweighs the consequences of a policy violation. No student seeking medical assistance for oneself or for another will be subject to disciplinary action for the sole violation of an alcohol or other drug violation provided the student acts in good faith and cooperates with Wartburg College officials.

Assault is conduct that threatens or endangers the health or safety of a person by acts that are painful, injurious, intimidating, insulting or offensive. This includes any willful attempt or threat to inflict physical or emotional harm, with an apparent ability to commit the act.

Bullying and cyberbullying is a repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control, or diminish another person, physically or emotionally.

Classroom Conduct. The responsibility to secure and respect conditions conducive to the freedom to learn is shared by all members of the campus community. A Wartburg student is expected to show respect for faculty members, classmates, and the community; is expected to express oneself with civility and to exemplify a high sense of personal honor and integrity. The following further clarifies these freedoms and responsibilities.

• The faculty member in the classroom and in conference encourages freedom of expression including constructive disagreement so long as this freedom is exercised in a civil and respectful manner.
• Disruptive conduct as applied to these settings means behavior that interferes with the learning environment. Examples of disruption include, but are not limited to; persistently speaking without being recognized; interrupting speakers; behavior that distracts from the subject matter or discussion; and in extreme cases, physical threats, harassing behavior, personal insults, or failure to comply with faculty direction.

Computer and technology resources. It is expected that students will apply a normal standard of; academic integrity, polite conduct, respect for the rights and privacy of others, and adherence Wartburg’s Technology Resource Use Policy. Technology resources include college-owned hardware, software, accompanying network resources, and technology support personnel.

Dishonesty is possessing false and/or misleading information and furnishing false information to college officials acting within the scope of their duties. Dishonest acts include lending, borrowing or altering university identification, forgery, alteration, or misuse of school documents and/or records, and the manufacture, attempted use, distribution, or sale of false identification.

Disorderly conduct is prohibited on the premises and at college-sponsored activities. Disorderly conduct is an act that intentionally obstructs teaching, research, administration, disciplinary procedures, freedom of movement, and other lawful activities on the campus and at college-sponsored events. Wartburg prohibits acts that violate the civil rights of others and any actions that obstruct college programs using force, violence, or obstructive behavior.

Domestic and Dating Violence is violence between those in an intimate relationship to each other based on an actual or perceived membership in a protected class (this includes a romantic relationship, dating, and/or relationship violence. Any such discrimination will be appropriately remedied according to the College’s Title IX process.

Drugs. The use and/or possession of drugs except when prescribed by a physician, and the distribution of drugs is prohibited on the premises. The following provides additional clarification regarding related standards and procedures:

• Violation of this drug policy (i.e., narcotics, stimulants, depressants, and hallucinogens) is subject to state and federal laws and may be referred to law enforcement officials.
• The possession of drug-related paraphernalia such as bongs and pipes are prohibited.
• For students enrolled in the Wartburg West program, this policy supersedes State of Colorado law where marijuana use is legal. Therefore, all drugs defined in this policy apply to housing and academic activities associated with the Wartburg West campus in Denver, CO.
• Medical Amnesty – Seeking medical assistance when faced with an alcohol or drug related emergency far outweighs the consequences of a policy violation. No student seeking medical assistance for oneself or for another will be subject to disciplinary action for the sole violation of an alcohol or other drug violation provided the student acts in good faith and cooperates with college officials.

Failure to comply with directives of college officials or law enforcement officials acting in the performance of their duties.

Firearms. (See policy on weapons.)

Fire Safety. The following prohibited acts are subject to city and state fire codes and violations may be referred to local authorities.

• Tampering with fire safety equipment such as extinguishers, smoke detectors, alarms and building fire exits.
• The possession and/or discharge of fireworks.
• Burning candles, incense and other actions involving an open flame particularly in campus housing facilities.

Harassment is a form of discrimination that may be created by oral, written, graphic, or physical conduct that interferes with, limits, or denies the ability of an individual to participate in or benefit from college-sponsored programs, activities, or opportunities.

Hazing is an act likely to cause physical or psychological harm or social ostracism when related to the initiation, pledging, joining, or any other group-affiliation activity on the basis of actual or perceived membership.

Intimidation is an implied threat or act that causes an unreasonable fear of harm in another.

Retaliation includes intimidation, threats, or harassment against any person reporting a student conduct incident and/or cooperating in the investigation of an incident including witnesses.

Sexual Misconduct. Wartburg is committed to a safe environment that promotes dignity and respect and will not tolerate sex-based misconduct in any form. Sexual misconduct is not only a violation of an individual’s rights and dignity, but also an act that affects our entire campus community. This policy relates directly to federal laws (including Title IX) banning discrimination in institutions of higher education. The following acts constitute a violation of this policy (i.e., sexual harassment, non-consensual sexual intercourse, non-consensual sexual contact, and sexual exploitation). These acts are presented in detail as part of the College’s Title IX policies and procedures which also specify appropriate remedies.

Stalking is defined as a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to fear for their safety or the safety of others; or to suffer substantial emotional distress. For the purposes of this definition, stalking conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. This policy relates directly to federal and state civil rights laws banning discrimination in institutions of higher education. Any such discrimination will be appropriately remedied according to Warburg’s Title IX policies and procedures.

Theft is stealing from, causing damage to, or malicious misuse of college premises or controlled property or the property of any member or guest of the campus community.

Tobacco Use. Smoking and the use of most tobacco products is prohibited on the premises in compliance with the Iowa Smokefree Air Act.

• Prohibited products include cigarettes, cigars, pipes, vaping and other smoking devices that use tobacco such as hookahs or simulate the use of tobacco such as electronic cigarettes.
• The use of chewing tobacco is limited to the privacy of students’ on-campus housing, and outdoor settings.
• Compliance is the responsibility of all members of the campus community and students are encouraged to respectfully inform tobacco users of this policy. Repeated violations of this policy may result in disciplinary action under the Code of Student Conduct.

Weapons defined as all firearms, air guns, slingshots, bows, knives with blades over 6 inches in length, etc. are prohibited on the premises and at college-sponsored events unless approved in advance by the Director of Campus Security. Secure storage for hunting weapons is available in the Campus Security Office.

Any member of the campus community may file a grievance against a student for misconduct. It is preferred that the complaint be presented in writing and delivered to the Dean of Students Office (Note: Honor Code grievances are directed to the Academic Affairs Office). It is desired that a complaint or grievance be reported within ten class days as the longer someone waits to report, the more difficult it becomes to obtain information and to make determinations regarding an alleged violation.

All reports are acted upon promptly. The College will attempt to treat each report with as much concern for privacy as possible. Subject to Wartburg’s obligation to redress violations, the College reserves the right to notify, investigate and warn as necessary to appropriately pursue resolution of the complaint. In all cases, the College will give consideration to the complainant with regard to how the grievance is pursued.

In addition to the College’s student complaint procedure, students may contact the Bureau of Iowa College Aid.

Bureau of Iowa College Aid, Iowa Department of Education
400 E. 14th St. | Des Moines, IA 50319-0416
877-272-4456
Iowa Department of Education: https://educate.iowa.gov/
Student Complaints:  https://educate.iowa.gov/higher-ed/student-complaints 

Upon receiving a grievance report, a preliminary investigation will be conducted to determine if the report merits further investigation and/or whether the grievance can be addressed by an administrative hearing, by the Student Honor Council, or the Title IX Coordinator.

All investigations will be thorough, reliable, and impartial. Investigations and will entail interviews with all relevant parties and witnesses, and by obtaining available evidence and other information as necessary.

Investigations may take longer when initial reports of grievance fail to provide direct first-hand information. Upon occasion, it may be required to undertake a short delay when civil or criminal charges on the basis of the same behaviors that invoke this process are being investigated. Wartburg’s action will not be altered or precluded on the grounds that other non-college civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

The imposition of interim restrictions or a suspension may be considered prior to the completion of the investigation in order to ensure the safety and well-being of persons involved in the complaint and other members of the campus community.

Every effort will be made to provide fair and just educational measures for students against whom complaints are being made (hereafter referred to as the respondent or responding student).

• The respondent shall be entitled to an expeditious hearing of the case. The hearing shall be conducted in such a manner as to provide substantial justice but shall not be unduly restricted by rules of legal procedure or legal evidence.
• If brought before a hearing as a member of a group, the respondent has the right to have the case heard individually.
• The responding student shall be informed of the reasons for the hearing with sufficient information and sufficient time to ensure opportunity to prepare for the hearing.
• Hearing proceedings are private. While the content of the hearing is private, parties have discretion to share their own experiences. If at any time during the hearing, invited attendees are disruptive of the proceedings, the hearing official may exclude such persons from the hearing room. In those cases, the official may direct that the hearing be recessed and reconvened in closed session.
• The responding student shall be entitled to refuse to answer questions and may also choose to not attend the hearing. If the respondent elects to not attend, the hearing shall proceed. No respondent may be found responsible for violating the Code of Student Conduct solely because they did not appear. In all cases, the evidence in support of the charges shall be presented and considered.
• In the event of an appeal, the procedures listed in the section Appeals will be followed.

Students have the right to be accompanied by an advisor. The advisor’s role in the hearing is to personally advise the student. The advisor may not conduct or direct cross-examination, ask questions, or make presentations or comments to the student or hearing body during the hearing.

All decisions are made on the basis of a preponderance of evidence standard (i.e., whether it is more likely than not that the accused individual committed the alleged violation).

In certain circumstances, Wartburg College may take interim action(s) to safeguard the campus community before a student conduct hearing begins or is completed.  Interim action(s) may be imposed immediately without prior notice when there is a need to take an individualized response based on the status of the student, the seriousness of the alleged violation(s) and/or the potential for an ongoing threat or disruption to the university community. 

Interim actions may include, but are not limited to, “no contact” orders, relocation in campus housing, adjustments to class schedule, and denied access to the premises and/or all other activities or privileges for which the student might otherwise be eligible.

A student may also be suspended on an interim basis if the student has engaged in or threatens to engage in behavior which causes physical harm to self, to others, would place others in fear of imminent danger, and/or causes disruption of, or interference with the normal operations of the College.

Sanctions for most violations will include consequences that; redirect a student’s behavior toward an acceptable standard expected of all members of the campus community, protects the campus community from the potential for harm or injury, requires restitution for property that is lost, stolen or damaged, and gives support for financial redress to a victim for loss, harm, or destruction of personal property. At times, sanctions may involve a monetary assessment (fine), an educational assignment such as a research paper and planning and/or presenting a program related to the policy violation. Such sanctions will not involve physical labor unless the assignment is a service-related project that is directly related to the violation.

Sanctions become effective immediately following the completion of the hearing and receipt of the conduct letter, unless otherwise stipulated.

Sanctions may be appealed in accordance with the procedures specified in Section XIV.

Parents/guardians may be notified of an alcohol and/or drug policy violation resulting in probation and/or a serious incident indicative of a justifiable concern for substance abuse or dependency.

The following sanctions may be imposed for violations of a Code of Student Conduct policy, standard or rule. It is understood that more than one of the following consequences may be imposed for any single violation.

Warning ‒ Notification in writing that a violation of a Code of Conduct policy or other college regulation occurred. Such notification may also establish a course of action if another violation occurs within a specified period of time.

Probation ‒ Formal reprimand for a violation of the Code of Student Conduct, that specifies a more severe disciplinary sanction if the student or organization is found in violation of any college policy, procedure, or directive within a specified period of time. Terms of the probation may also include “no contact” orders, relocation in college housing, denied access to the premises and activities or privileges for which the student might otherwise be eligible, a monetary assessment, and other measures deemed appropriate.

Suspension ‒ Termination of enrollment status for a specified period of time and/or until specific criteria are met.

Co-curricular Suspension ‒ Suspension from co-curricular activities and programs, including but not limited to participation in athletics, music ensembles, student organizations, campus activities or work positions.

Residence Hall Suspension ‒ Separation from campus housing for a specified period of time. Suspension may result in the forfeiture of all or part of the housing fee for the remainder of the academic term according to Wartburg’s published refund policy.

Expulsion ‒ Permanent termination of enrollment status, revocation of rights to be on the premises for any reason or attend college-sponsored events.

Residence Hall Expulsion ‒ Permanent separation from campus housing that may result in a forfeiture of all or part of the housing fee for the remainder of the academic term according to Wartburg’s published refund policy.

Denied Access and Other Actions ‒ Wartburg may exercise reasonable authority, in its sole and absolute discretion, to deny access to the premises if it is believed that an individual poses a threat to the safety, health or welfare to oneself or other persons, or property.

The College may also assign other consequences as deemed appropriate. Examples of “other actions” include restorative experiences, restitution, and mandated referrals to educational workshops or counseling. Failure to complete assignments and/or sanctions may result in a monetary assessment.

Monetary Assessments ‒ Restitution, the compensation for loss, damage, or injury may take the form of service-related assignments and/or monetary or material replacement. In some of cases of misconduct such as alcohol violations, and various housing regulations, fines may be assessed as a deterrent or when patterns of reoccurring misconduct justify this form of response. Failure to pay or make arrangements for payment of monetary assessments may result in a business office hold that will prevent class registration/enrollment in a subsequent academic term.

The Dean of Students Office shall maintain student conduct records. Relevant student conduct records and related information shall be made available to hearing boards to assist in recommendation of an appropriate sanction, and to other university officials who require such information to fulfill their official duties.

Students may arrange to review their own student conduct records and related information by contacting the Office of the Dean of Students.

Except as provided elsewhere in this code and/or as required by law, Wartburg College shall not communicate a student’s conduct record to any person or agency without prior written consent of the student.

Student conduct records shall be maintained for seven (7) years from the last recorded entry, then destroyed.

A request for appeal consideration must be submitted in writing within five (5) class days or business days of the delivery of the written finding.

Any party may appeal, but appeals are limited to the following:

• A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.).
• To consider new evidence, unknown or unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included. New evidence that could not have been previously discovered and that, had it been presented at the initial hearing, would have substantially affected the original decision will be treated as grounds for a new hearing by the original judicial body.
• The sanctions imposed are substantially disproportionate to the severity of the violation.

The original conduct decision will stand if the appeal is not timely or is not based on the grounds listed above and as such, the decision is final.

The appeal will be considered by the Dean of Students or their designee(s) appointed from the  staff or faculty.

All parties should be informed of whether the grounds for an appeal are accepted and the results of the appeal decision.

Once an appeal is decided, the outcome is final and further appeal is not permitted.

Because this code of student conduct cannot anticipate every circumstance regarding institutional policy, Wartburg College reserves the right to amend, supplement, interpret, rescind, or deviate from policies from time to time as it deems appropriate based upon the facts and circumstances surrounding each situation, in its sole and absolute discretion. The contents of this code of student conduct supersedes and revokes all prior statements of policy.