Dear Swarthmore Students,

I hope you had a restful winter break and that you’ve returned to campus feeling energized and renewed. There’s so much I’m looking forward to this spring and I hope you are also anticipating the wonder and opportunities we will experience together.

Yesterday you received a message from President Smith with reflections on our community values, the parameters around campus activism, and your right to peaceful protest and dissent. As promised, I’m now following up on the points she made with respect to the Student Code of Conduct and the processes our College is engaged in to ensure the community is a safe environment for all. 

Every college campus has a student conduct code that outlines rules and expectations for behavior on, and at times around, campus. Much of what our Code describes is non-controversial and widely accepted with regard to behavioral prohibitions, such as forbidding academic dishonesty or physical assault. The Code also outlines comprehensive processes for investigating allegations and adjudicating cases. In some instances, the behavior in question is complicated and there are differing accounts of what occurred. In all cases, the facts, impact, and consequences need to be determined. 

Last fall, college students across the country made their voices heard, understandably with outrage and with pain, on the conflict in the Middle East. Swarthmore students across the political and ideological spectrum also engaged in campus activism, some of which was consistent with the tenets of peaceful protest and some of which went beyond the bounds of what the Code allows.

The loss of innocent lives in the Middle East is horrific and devastating, and we recognize that many of you are full of grief and anxiety over your own safety and the safety of others impacted by the violence, some of whom may be family, friends, or loved ones. When the world brings unimaginable challenges our way, we must think carefully about how to embrace the value of being part of the Swarthmore community, while we add our voices to the dialogue.

As President Smith affirmed, students have the right to engage in peaceful protest and dissent. At the same time, the way we express dissent may have consequences. Freedom of expression does not mean amnesty from accountability if the form of expression violates the rules of the College or the law. 

The Code makes clear that “disorderly conduct is a violation that prevents the orderly operation of the College, which includes, but is not limited to:

• Excessive noise, which interferes with classes, College offices, residence hall neighbors, or other campus and community activities;
• Unauthorized entry into, or occupation of, a private work area or closed meeting;
• Conduct that restricts or prevents faculty, staff, or student employees from performing their duties, including interruption of meetings, classes, or events;
• Failure to maintain clear passage into or out of any College building or passageway, and/or work space;
• Failure to disperse when a building, office, or campus space is closed;
• Other conduct that disrupts the operations of the College, such as lectures, meetings, events (such as admissions tours or job interviews), ceremonies, or other necessary business and community functions; and/or
• Any other action(s) that result in unreasonable interference with the learning/working environment or the rights of others.”

At multiple points during the fall semester, student protesters are alleged to have violated the disorderly conduct standard in the Code during various incidents, including the two-week sit-in in Parrish Hall. Other Code violations that may have occurred include causing harm to others, failure to comply with directives of College officials, intimidation, vandalism, unauthorized use of College services, and potential acts of bias. The allegations are serious and are not excused by the intent or motivation of the students involved. Again, there are countless ways to engage in freedom of expression that do not involve overstepping the Code. To claim that one must violate the College’s rules in order to speak, be heard, create change, or because the global crisis demands so, devalues the many diverse, effective, and fully protected modes of expression. 

The Code was developed as a community tool that respects rights but also articulates responsibilities in the exercise of those rights. Thus, the College is committed to rights of expression even when the content of that expression might be viewed by some as harmful and offensive. However, the College expects those rights to be exercised responsibly such that other community members are not directly harmed in the exercise of their rights.

The College began investigations into potential violations of the Code last semester, and that work will continue into this semester. After evidence is collected and assessed for potential charges, students who are facing allegations of violating the Code will receive notices that a student conduct process has begun. Those students will have the opportunity to present evidence and to have a full hearing. If a student is found responsible under the Code, sanctions would range from a warning, which does not impact a student’s standing, to suspension or expulsion from the College. All student conduct proceeding records are private, and the College does not release detailed outcomes of the student conduct process to the campus community.  

While student conduct cases require time, the College can also use interim measures to address unique situations where the disruption to College operations is significant or the threat of violence and harm is prevalent such that immediate action is necessary. These can include facility exclusion, campus exclusion, or interim suspension that would prohibit a student from accessing academic, residential, athletic, organizational, and social privileges. Similarly, student organizations may have their financial privileges suspended if such resources are used to support events that are prohibited. Student organization treasurers affirm that funds will be used ethically and according to the rules and allowances. All students involved with clubs and organizations should be familiar with funding guidelines and be in communication with the Office of Student Engagement if there are questions.   

I share these rules as part of my fundamental responsibility to educate you about the Code and support your understanding of it. Every student of the College receives the Student Handbook, which makes clear that you are responsible for reading it and abiding by all College rules and regulations as soon as you arrive on campus.   

We are committed to helping you develop further into critical thinkers, effective communicators, civic leaders, and successful advocates. We are also committed to providing a safe and welcoming environment for all. By clarifying the rules of the Code while reinforcing the value of free expression, I hope to shine a light on the path for both to coexist within our community.

Sincerely,

Stephanie Ives
Vice President for Student Affairs