Yes. Most cases result in a combination of both educational and disciplinary sanctions. In addition, administrative actions (parental notification, fee) are also applied in cases.
Sanctions are reflective of the nature and severity of an incident and factors taken into consideration when deciding the appropriate sanctions for a specific case include the number of charges applied in an incident, the severity of each policy violation and the impact of the student’s behavior on the University community. Also taken into consideration are the nature and timing of any prior cases. For example, a student who has had two alcohol violations within the same semester would receive different sanctions for the second case than a student who has two cases (one alcohol-related, one not) two years apart.
In all cases, education is the primary goal of any sanction applied. It is hoped that students will reflect upon the choices and decisions made in the situation, realize the impact these choices had on both themselves and the community and determine changes that will ensure subsequent violations do not occur.
Students may consult a student conduct advisor if they have questions or concerns about the disciplinary process. A student conduct advisor is a member of the University community (typically a faculty or staff member). A list of our current, trained student conduct advisors is available here.
I received Probation Before Judgment as a result of my off-campus incident, which means nothing is on my official criminal record. Why does the University charge me for that? And isn’t that double jeopardy?
Accepting Probation Before Judgment requires a student to plead guilty or no lo contendere. With both these pleas, the person is accepting responsibility for the violation, in essence agreeing that the violation did occur. While ultimately there is the possibility that a conviction record will not exist, the arrest record will still exist even after the Probation Before Judgment period. For more information regarding the Probation Before Judgment program, please click here.
This is not a situation of double jeopardy, which prohibits a person from being tried twice in a court of law for the same crime, for two reasons: 1) an alleged violation of the Code of Conduct (the Violations of Law Policy) is not a crime; and 2) the student is being held accountable for his or her behavior through an administrative University process, not a criminal trial. While both the criminal charges and the Code of Conduct violation have both stemmed from one incident, the jurisdiction, procedures, and penalties for each are distinct and separate.
Student health and safety are of primary concern at the University of Delaware. In cases of a concern for someone’s health due to consuming alcohol or other drugs, you are strongly encouraged to seek medical assistance for yourself or others.
If you seek medical attention (meaning you call 9-1-1 or contact a University official), the Office of Student Conduct may not pursue conduct sanctions against you for a violation of the Alcohol or Drug Policy.
As a result of being granted amnesty, educational requirements such as an alcohol/other drug assessment will occur, but disciplinary sanctions will not. A formal conduct record (shareable outside the University) will also not occur.
If you assist an intoxicated friend in obtaining medical attention (meaning you call 9-1-1), you may not receive student conduct sanctions for violations of the Alcohol or Drug Policy.
For full information about the Medical Amnesty/Good Samaritan Protocol, please click here.
No. If you report an alleged sexual assault, you will not be charged for violating the Alcohol or Drug Policy if you consumed alcohol or another drug. For more information about victims’ rights in sexual misconduct cases, please see the Sexual Misconduct Policy (section VI). Counseling and support for victims is also available from SOS (Sexual Offense Support).