»Student Conduct Procedures

Community Conversations

Community conversations shall be conducted by a conduct officer according to the following guidelines:

• Community conversations shall be conducted in private.
• Students have the opportunity to accept responsibility for violation(s) of the Student Conduct Code in a Community Conversation. If both the student and the conduct officer agree on the violation(s), the student may opt to waive their right to a formal hearing and elect to discuss appropriate sanctions in the Community Conversation.
• All sanctioning determinations will consider the finding(s) of responsibility and a student’s cumulative conduct history.
• In the event that the conduct officer and student do not agree on the outcome (either responsibility for violations or sanctions) or the student does not appear for a community conversation, the incident will be forwarded for a conduct hearing.
• Should new charges surface as a result of, or during, a Community Conversation, and no additional investigation is needed, the charges may be verbally introduced and discussed during the current Community Conversation.

Hearings

Hearings shall be conducted by a conduct officer according to the following guidelines:

• Hearings shall be conducted in private.
• Admission of any person to the hearing shall be at the discretion of the conduct officer.
• In hearings involving more than one respondent, the presiding officer or conduct officer(s), at their discretion, may permit the hearings concerning each student to be conducted together with the consent of all relevant parties.
• The complainant and the respondent may each be accompanied by one support person at the hearing, as previously defined in this Code.
• The complainant and/or the respondent each are responsible for speaking on their own behalf. Support persons may not participate directly in the hearing other than quiet communication with the student they are accompanying. This communication must not interfere with the conduct process. Failure to comply will result in the removal of the support person. During a hearing, the complainant and/or the respondent may request brief recesses to consult with their support persons. These requests may be granted at the discretion of the conduct officer/hearing board but will not be granted in excess such that it unreasonably impacts the hearing process.
• Except as provided in this section, the presence or participation of attorneys at hearings or otherwise in the process is not permitted, as the conduct proceeding is not meant to function as a court of law. An exception may be made only where the respondent has been charged with a crime arising out of the same operative facts as the charge under the Code and the criminal charges are presently pending.
• Where an attorney is permitted, the attorney must conform to the same requirements as applied to a support person.
• With reasonable written notification to the conduct body (2 business days prior to the hearing), the complainant and the respondent shall have the opportunity of presenting witness statements, provided the statements contain information directly related to the incident in question. If witnesses are permitted or requested by the conduct officer(s) to attend a hearing, the other party shall have the opportunity to submit suggested questions for the witness(es) to the conduct officer(s). The conduct officer(s) retains the authority to determine which questions will be helpful in deliberation, and may exclude questions that are not helpful, including but not limited to questions that are unfairly prejudicial, repetitive, confusing, compound, argumentative, misleading, or not probative of the disputed facts or to the determination of the case.
• Any pertinent materials and written statements must be submitted for consideration to the conduct body at least 2 business days prior to the hearing.
• All procedural questions are subject to the final decision of the conduct officer in consultation with the Senior Vice President for Student Affairs and Dean of Students or designee (when applicable).
• After the hearing, the conduct body or conduct officer(s) shall excuse all parties, engage in deliberation, and determine (by consensus, or if necessary, by majority vote) which portion(s) of the Code, if any, the respondent has violated.
• The conduct officer’s determination shall be made based on whether it is more likely than not that the respondent violated the Code.
• The conduct officer(s) shall make determinations regarding the respondent’s responsibility for violations of the Code based solely upon material presented at the hearing. All sanctioning determinations will consider the finding(s) of responsibility and a student’s cumulative conduct history.
• Should new charges surface as a result of, or during, a conduct process, and no additional investigation is needed, the charges may be verbally introduced and heard during the current hearing.
• Hearings shall ordinarily be recorded (the deliberation phase is exempt) although written notes may serve as a substitute. This record shall be the property of the University. Student respondents or complainants at the hearing are free to take their own notes, but they may not use a recording device. Hearing records are confidential.
• Formal rules of process, procedure and/or technical rules of evidence, such as applied in criminal or civil court, are not used in Code proceedings.

Note: Students charged with violations of the Code during Study Abroad, Interterm or other travel courses will be notified of the charges and have the opportunity to respond to those charges, as well as the opportunity to appeal the outcome of their cases. However, the condensed duration of these courses and the limited availability of on-site administrators may necessitate a modified conduct process in some situations.

No student may be found to have violated the Code solely because the student failed to appear at a hearing. However, failure to appear, without obtaining prior approval due to documented extenuating circumstances, will result in the student’s loss of their opportunity to appeal the outcome of the conduct proceeding.

If a student does not appear for a hearing, the material relevant to the charges shall be presented and considered without the student’s participation.

A student’s (or group’s) cumulative community conversations, deferred incidents, and conduct history will not be considered by the conduct body until the sanctioning phase of the deliberations.

The conduct officer may accommodate the concerns for personal safety, well-being, and/or fear of confrontation by the respondent, complainant and/or other witness by permitting participation by telephone, videoconference, closed circuit television, videotape, audio, written statement or other means, as determined in the sole judgment of the Senior Vice President for Student Affairs and Dean of Students or designee.

Hearings for Incidents Related to Sexual Misconduct

Please see the Student Policy on Sexual Harassment Prohibited by Title IX and/or Policy Prohibiting Discrimination and Harassment. Conduct that does not fall under the jurisdiction of that policy may be adjudicated as a separate Code violation consistent with the University’s obligations under the 2013 VAWA Amendments to the Clery Act.

For an infographic overview of the Community Conversation and Administrative Hearing conduct process, please click the following links that pertain to each process.

• Community Conversation
• Administrative Hearing

For more information regarding Administrative Hearings, please see the Preparing for the Administrative Hearing Process document.

Responsibility

A student or group charged with any violation(s) of the Code will be found either Not Responsible or Responsible for each individual charge. Students with conduct history are required to receive Dean of Students clearance to participate in all study abroad or travel courses. This clearance is coordinated through the Center for Global Education.

In each case in which a conduct body determines that a student or student group has not violated the Code, a record of the finding will be kept on file with the Office of the Senior Vice President for Student Affairs and Dean of Students. However, the outcome of Not Responsible will not impact the student or student group’s standing within the University and no sanctions shall be imposed.

Found Responsible – In each case in which a conduct body determines that a student or student group has violated the Code and is therefore found Responsible, appropriate sanction(s) shall be determined and imposed by that conduct body. The conduct body shall advise the respondent in writing of its determination and of the sanction(s) imposed.

Cumulative Conduct

A student’s or student group’s prior conduct history will be considered during sanctioning. Multiple violations of the Code during a student’s or group’s tenure at the University may result in increasingly severe sanctions.

Conduct Status Sanctions

The following conduct statuses may be imposed upon any student or group found responsible for violating the Code:

1. Deferral – This outcome signifies that the University has determined to hold a specified finding of responsibility and any resulting sanctions in abeyance if there are no future violations. If another violation occurs, the deferred sanctions may be reviewed and imposed. If sanctions are deferred, it will not appear in a student’s reported disciplinary record if there are no other violations after the deferred incident.
2. Formal Warning – This is a written reprimand to the student stating that the student has violated the Code and that any future violation(s) may result in more serious sanctions.
3. Conduct Review – An official reprimand stating that the student’s conduct is in violation of the Code and behavioral expectations, but is not sufficiently serious to warrant probation, loss of privileges, suspension, or expulsion. Students on conduct review shall have their conduct record under review for a specified period. This sanction may require regular meetings with an appropriate official to ascertain and evaluate compliance with student conduct expectations. Additional restrictions or conditions may also be imposed depending on the nature and seriousness of the misconduct. If there is a finding of responsibility for subsequent violations of policies, rules or expectations during this period, more severe sanctions will be administered.
4. Probation – This reprimand is in effect for a specified period and includes the probability of more severe sanctions for any future violation(s) of the Code during the probationary period. The sanction states that any further violations of the Code or other University policies will result in immediate removal from housing. Notification may also be sent to parents of dependent students, student organization advisors, athletic coaches, and other appropriate personnel at the discretion of the Senior Vice President for Student Affairs and Dean of Students or designee.
5. Probation with Loss of Privileges – This reprimand is a serious form of probation affecting the status of a student and organizations. This status is in effect for a specified period and may make the student ineligible to hold leadership or employment positions (e.g., Student Government, Residence Life and First Year Experience student staff, University Ambassador, Athletics participation, organization involvement, recruitment, and other social functions). The status may also affect a student’s ability to study abroad and participate in other off-campus programs. A further violation may result in deferred suspension, suspension, or expulsion from the University.
6. Deferred Suspension – This reprimand is a serious form of probation affecting the non-academic status of a student or organization. The student is being assigned a status sanction of suspension, but the suspension will not be put into place provided that the student does not violate any additional policies within the specified timeframe. Also, the student must satisfactorily complete any assigned educational sanctions by their specified deadlines. If the student is found responsible for violations of the Student Conduct Code or other University policies during the time period of deferred suspension, the student may be suspended. The length of the suspension assigned at that time will be dependent on the student’s cumulative conduct history. If the student takes time away from the University during the student’s deferred suspension period, the time period of the deferred suspension will stop accruing while the student is away, and it will resume on the first day of instruction following the student’s re-enrollment. The status of Deferred Suspension may include notification to parents of dependent students, student organization advisors, athletic coaches, and other appropriate personnel at the discretion of the Senior Vice President for Student Affairs and Dean of Students or designee.
7. Suspension – Separation of the student or organization from the University or University-owned housing for a specified period, after which the student or organization is eligible to return. Conditions for return will be specified. Notification of suspension may include notification to parents of dependent students, advisors, faculty, athletic coaches and other appropriate personnel at the discretion of the Senior Vice President for Student Affairs and Dean of Students. Students may be held responsible for meeting their financial obligations to the University and may not visit the University while under suspension.
8. Expulsion – Permanent surrender of all rights and privileges as a student or student group and of membership in the University community and exclusion from the campus, from any University property and from all University functions. Notification of expulsion may include notification to parents of dependent students, advisors, faculty, athletic coaches and other appropriate personnel at the discretion of the Senior Vice President for Student Affairs and Dean of Students. Expelled students may be held responsible for meeting their financial obligations to the University. Expulsion will be noted on the student’s transcript.
9. Revoking of Admission/Degree – Degree and admission to the University may be revoked for fraud, misrepresentation, or violation of University standards required for admission to the University or in obtaining the degree, or for other serious violations committed by a student prior to graduation.
10. Withholding Degree – the University may withhold awarding a degree otherwise earned until the completion of the process set forth in the Code, including the completion of all sanctions imposed.

Educational/Other Sanctions

Intended to encourage the students to examine their behaviors and to develop new approaches to membership in the university community. A student may be assigned more than one sanction for a single violation.

Fulfilling sanctions is essential and students are expected to complete them in a thoughtful and timely manner according to the deadlines prescribed in the hearing outcome letter. Students must follow all academic integrity guidelines imposed by the University when fulfilling sanctions.

Failure to satisfactorily complete or comply with all sanctions as prescribed:

1. May result in a Dean’s Hold placed on the student’s accounts/records. Students will not be able to conduct any official university business while on this hold. Thus, students will not be able to register, add classes or request transcripts, and the current registration may be voided.
2. May also result in further sanctions, including suspension, until such time as full compliance of sanctions is obtained.
3. May result in additional sanctions or extended status sanctions.

Within the confines of FERPA, all sanctions/agreements may be used by the institution in its effort to further educate community members.

The following are examples of educational and other sanctions:

• Academic sanctions – revocation of degree, holding transcripts, removal from classroom/courses
• Fines – financial sanctions charged to student accounts
• Meeting with University official – meeting(s) or conversation(s) with a University employee to discuss violations and future behavior
• Notification – informing relevant parties (coaches, parents/guardians, campus employers, faculty, national/executive offices, etc.)
• Loss of privileges
• Loss of visitation privileges in University-owned housing
• Reflective assignments – apology letters, creative reflective projects, written responses to posed questions
• Research assignments – academically oriented projects, papers, or other assignments meant to encourage the research and understanding of a specific topic
• Restitution – compensation for loss, damage, or injury (may take the form of appropriate service and/or monetary or material replacement) to the University, students or third parties
• Workshops – decision-making skills workshops, anger management, alcohol and drug education
• Loss of recognition for student organizations – loss of all privileges, including University recognition, for a specified time
• Suspension of the organization – as a recognized University entity
• Other sanctions as defined by the Senior Vice President for Student Affairs and Dean of Students or designee

Appeals are not intended to be full re-hearings of the allegation except in rare cases where a procedural error was prejudicial to the outcome of the hearing or may have prevented the hearing from being conducted fairly in light of the charges. Appeals decisions are to be deferential to the original hearing body, making changes to the finding where there is clear error and to the sanction only if there is a compelling justification to do so.

A complainant may not request an appeal of a decision made by a conduct body or conduct officer except in instances of violence. For cases involving dating violence, domestic violence, stalking and sexual assault that are not within the jurisdiction of the Student Policy on Sexual Harassment Prohibited by Title IX and/or Policy Prohibiting Discrimination and Harassment, equal opportunity to appeal shall be available to the complainant and respondent.

A request for appeal must be submitted in writing within 5 business days of the decision dated by the conduct officer (date listed on the hearing outcome letter), unless otherwise approved by the Senior Vice President and Dean of Students or designee. The request for appeal must clearly demonstrate the grounds for appeal, and not exceed 5 double-spaced pages in length with a 12-point font. All appeal requests, regardless of the hearing body, should be submitted to the Assistant Dean of Students or as otherwise instructed in the hearing outcome letter.

Appeals Criteria

A respondent, whether an individual student or student organization, may request an appeal of a hearing outcome. Appeals are not granted automatically. A request for appeal must be well-reasoned, substantive, and demonstrative of at least one of the following criteria:

1. That there was a substantive procedural error that was prejudicial to the outcome of the hearing or may have prohibited the hearing from being conducted fairly in light of the charges.
2. For a case in which the respondent was found responsible, that the facts in the case were insufficient to establish that a violation of the Code occurred. Alternatively, for a case in which the respondent was not found responsible, that the facts in the case were sufficient to establish that a violation of the Code did occur.
3. The sanction(s) imposed was not appropriate for the violation of the Code for which the student was found to be responsible.
4. New evidence that was not available at the time of the hearing has become available and is potentially sufficient to alter a decision.

Appeal Considerations

Each student has one opportunity to appeal the outcome of a hearing.

For situations in which the Senior Vice President for Student Affairs and Dean of Students serves as the conduct officer, an appeal body or person will be appointed by the University Provost.

The Senior Vice President for Student Affairs and Dean of Students or designee has the discretion to submit a request for appeal if deemed necessary.

Upon receipt of the request for appeal, the request will be reviewed by the Appeal Body to determine if the appeal has merit. A request for appeal must be limited to review of the documentation associated with the initial hearing, supporting documents and statements made during the hearing. If none of the criteria for appeal is determined to have been met, the Appeal Body shall sustain the decision of the respective conduct body. If, however, any of the conditions is found to exist, the Appeal Body may grant the full appeal or grant only a circumscribed portion of the appeal, either with or without meeting with the relevant party(ies).

Depending on which criteria the Appeal Body determines have been met in granting all or part of an appeal, the Appeal Body may elect either to leave unaltered any of the findings of responsibility or sanctions imposed by the original hearing body or to alter the findings of responsibility and/or severity of the sanctions. If new information becomes available that was not available at the time of the hearing, the Appeal Body shall remand the case to the hearing body for consideration of the new information. In the event the Appeal Body finds there was a procedural error or bias, the Appeal Body may take other corrective action to sufficiently remedy the error.  In determining whether to modify the outcome of a hearing, the Appeal Body is not bound by any requests made by the appealing party.

In cases when the complainant is granted the opportunity to appeal the complainant will be offered the opportunity to submit a rebuttal statement to the Appeal Body. Response statements must be within 5 pages, double-spaced with 12-point font, and must be received 2 business days prior to the hearing or review. The written response statements will be made available to the other party as part of the appeal record.

In cases when a complainant is granted the opportunity to appeal, the complainant will be notified of the outcome of an appeal of the case, in accordance with FERPA (see Appendix 2).

All appeal decisions are final and binding to all parties. Appeal decisions shall be given to the respondent (and complainant, when applicable) in written form.