Common use of Standard Used to Assess Conduct Clause in Contracts

Standard Used to Assess Conduct. In determining whether the conduct constitutes a violation of this policy, the investigator shall be mindful of the mission of the school as a Catholic institution as s/he considers the surrounding circumstances, the nature of the behavior, past incidents or past or continuing patterns of behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. The complainant and accused will be provided the opportunity to present witnesses and other evidence during an investigation. The school has the discretion to consider the impact of relevant off-campus conduct on the school environment where direct harm to the welfare of the school can be demonstrated or the conduct can be shown to pose a clear and substantial interference with another student’s equal access to educational programs. Whether a particular action constitutes a violation of this policy requires determination based on all the facts and surrounding circumstances.