The Student Conduct Process

Matters of misconduct in the Chapman University community may be submitted by students, faculty, or staff at the university. All members of the campus community are encouraged to submit referrals of misconduct. When a matter of misconduct is observed, the individual who has observed the incident documents the situation in an Incident Report.

Incident Reports are reviewed by Resident Directors and the Director of Student Conduct. The Director of Student Conduct then creates “Cases” out of the Incident Reports.

After the Case is created, for Administrative Hearing a Hearing Officer is assigned. The Hearing Officer then contacts the accused student to schedule an Administrative Hearing.

If a Case is created and it is assigned to go to a Campus Peer Conduct Board or Resident Peer Conduct Board hearing the student is informed to contact the Associated Students Commissioner of Justice or the Office of Residence Life and Housing (respectively).

Student Rights and Responsibilities

During a student’s progression through the conduct system, each responding student has certain rights and responsibilities.

Student Rights

·             Student has the right to review materials and reports pertaining to him/her that the board or administrator will utilize in the hearing process; these materials will be made available to the student at the hearing. Additionally, the responding student may request an advanced copy of the report and other documents included in the conduct file. Please be aware that the institution will permit access only to that part of the record pertaining to the responding student. Requests for copies will take at least 24 hours to process and must be submitted in writing during normal business hours of operation to the Office of Student Conduct, Second Floor Davis Community Center in the Office of Housing and Residence Life suite.

·             Student has the right to receive at least two days written or electronic notice before his/her hearing. Students may choose to waive this right if they would like to expedite the hearing process.

·             Student has the right to submit a written or electronic statement outlining their perspective on the conduct case. Written or electronic statements must be submitted at least 1 working day before the Hearing Officer who signed the letter of notification. Written or electronic statements may be no longer than five double spaced pages. Any statements deemed inappropriate may be removed/blacked out by the Hearing Officer hearing the case or the conduct board advisor.

·             Student has the right to remain silent. In some cases, especially where a student’s alleged conduct may be deemed criminal by the Orange Police Department, the student may choose to remain silent and not respond to questions or provide his/her perspective on the situation. If the student chooses to remain silent, the board will have to make a determination about the student’s responsibility for alleged policy violations, and impose sanctions if appropriate, based on written or electronic reports and without the benefit of the student’s input.

·             Student has the right to provide material witness statements. If the student has material witnesses who can supply information relevant to the case, with prior permission of the advisor to the conduct board or administrator hearing the case submitted at least 1 working day before the hearing, the student may bring that individual or individuals to the hearing or submit that individual’s written or electronic statements (not more than five double spaced pages), signed by the witness. The witness may be able to provide a verbal statement at the hearing and respond to questions from the board. If the witness is simply submitting a written or electronic statement, that person or persons must be available to answer questions from the Hearing Officer or conduct hearing board. Admission of any person to the hearing shall be at the discretion of the conduct hearing board, in consultation with its advisor, or the Hearing Officer hearing the case.

·             Student has the right to be accompanied by an “advocate” (but not one involved in the incident in question) if they so choose, at their own expense. The complainant and/or the responding student is responsible for presenting his or her own case and, therefore, “advocates” are not permitted to speak to the members of the conduct body nor to participate directly in any hearing before a conduct body. Failure to comply will result in the removal of the “advocate.” One 5 minute recess may be requested during the course of a hearing if the complainant and/or the accused wish to consult with their “advocate.” The presence of attorneys at hearings is not permitted since the conduct proceeding is not meant to function as a court of law.

·             Student has the right to information regarding the appeals process. Student’s may be granted an appeal of a conduct decision and/or sanction if  the student can substantively demonstrate that at least one or more of the following circumstances is likely to exist: 

• The original hearing was conducted in an unfair manner.
• There was insufficient evidence for the outcome indicated.
• The sanctions imposed were inappropriate to the policy violation(s).
• New evidence exists which is potentially sufficient to alter a decision or other relevant facts exist that were not brought out in the original hearing.

All appeals must be submitted within five working days of the date of the hearing outcome letter. All appeals must be type written or electronic and can be no longer than five double spaced pages. Students who fail to schedule their original hearing and/or fail to attend their original or appeal hearing forfeit their right to an appeal. For a full explanation of the appeals process, please see the Student Conduct Code.

Student Responsibilities

The following are a list of responsibilities that students must meet during the conduct process. Failure to meet these responsibilities may result in additional conduct charges, sanctioning, or forfeiture of right of appeal.

• Student must act in a civil manner. Student may not yell, threaten, curse, slam doors, pound tables or chairs, disrupt the conduct process, throw items, or act in any other uncivil manner during any part of the conduct process. Students may express anger or frustration in appropriate manners but students do not have the right to act in an abusive or uncivil manner toward conduct officers.
• If students choose to make a verbal or written or electronic statement during their conduct process, their statements must be honest, complete, and forthright. Students who make false, dishonest, or misleading statements will be subject to further conduct review.
• All students have the responsibility to appear on time for their hearing. Residential students may have the additional responsibility of scheduling a hearing date and time with the Hearing Officer who signed their letter of notification. Students who do not appear for their hearing will forfeit the right of appeal. Once a hearing is scheduled, it may not be rescheduled without showing sufficient reason for the rescheduling. Employment, academic, or social obligations are not valid reasons for rescheduling a hearing.
• Students have the responsibility to complete assigned sanctions in a thorough manner and submit the sanction assignments on time. Conduct sanctions which are not fully completed and/or appropriately completed by the deadline prescribed in the hearing outcome letter will result in a Dean of Students Hold.  Any acts of plagiarism or other dishonesty in completing assigned sanctions will result in further conduct action. For further information regarding sanctioning see Appendix 18 of the Student Conduct Code.