Section 5: Overview of the Conduct Process

This overview gives a general idea of how the University’s campus conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible and are not exactly the same in every situation, though consistency in similar situations is a priority. The campus conduct process and all applicable timelines commence with notice to an administrator of a potential violation of University rules. The Office of Student Conduct may record hearings, inquiries, and/or conferences as deemed appropriate by the hearing officer. Students will be given notice before any recordings commence. Deliberations will not be recorded. The record will be the property of the University and maintained according to the University’s record retention policy.

PROCEDURES

The below procedures provide a general overview of student conduct proceedings; however, these procedures are flexible based on the severity of the situation.

Any member of the University community may file a report against a student or student organization for violations of the Student Code of Conduct. All allegations should be in writing. The student conduct officer may act on notice of a potential violation whether a formal report is made.

Students should be aware the criminal (police) and student conduct (University) processes are separate but may occur concurrently.

INFORMAL RESOLUTION

Step 1. Investigation

Upon receipt of the incident report, a student conduct officer will begin an investigation that will include interviews of the respondent, the complainant, and/or others as necessary. Additionally, all documentation and physical evidence will be obtained and reviewed. Upon completion of the investigation, the following may occur:

The student conduct officer determines there is insufficient information, and the case is closed.
The student conduct officer determines there is sufficient information and proceeds with scheduling a conduct conference (step 2).

Step 2. Notification

The respondent will receive a formal complaint of a violation through written notice. The notice will be delivered by one or more of the following methods: emailed to the student’s University-issued account and/or mailed to the permanent address according to the University’s record. The letter of notice will include:

The reported violation(s) citing the Code of Student Conduct.
The date, time, and location of the conference.

Step 3. Conference

During the conference, the student conduct officer will present the findings to the respondent. As a result, the following may occur:

The respondent is found not responsible and the case is closed.
The respondent accepts responsibility and/or the findings for the violation and the student conduct officer imposes sanctions.
The respondent denies responsibility and/or rejects the findings for the violation, but has the right to appeal the decision and sanctions imposed by the student conduct officer.
The respondent denies responsibility for the violation and/or rejects the findings and the misconduct could result in expulsion, suspension, and/or removal from housing. The student conduct officer may then refer the case to the Student Conduct Board for formal resolution through an administrative hearing.

A respondent placed on interim suspension may request to have their case heard by the conduct officer through a conduct conference or referred to the University Committee on Student Behavior.

The student conduct officer, at their discretion, may refer a case to the University Committee on Student Behavior for resolution.

If the respondent fails to attend the conduct conference, the student conduct officer may render a decision based on the evidence available. The respondent will then forfeit their right to appeal the decision and/or sanction(s) imposed by the student conduct officer.

FORMAL RESOLUTION

The University has established appropriate student conduct panels to provide hearings concerning reported violations of the Student Code of Conduct that could result in expulsion, suspension, and/or removal from housing.

Notification

A notice will be made in writing and delivered by one or more of the following methods: emailed to the student’s University-issued email account; mailed to the permanent address according to the University’s record. The letter of notice will include:

The reported violation(s) citing the Code of Student Conduct.
The date, time, and location of the hearing.

Hearing

The student conduct officer will schedule a hearing with the student conduct panel no more than 10 business dates after the conduct conference. This may be extended when reasonably necessary. If the respondent wishes to request a delay, they must notify the student conduct staff within two (2) business days of the scheduled hearing.

The student conduct panel for each hearing will be composed of three members from the University to include employees and students. Each student conduct panel must include at least one student. All members of the student conduct panel will be selected from the student conduct board and participate in mandatory training covering all aspects of the conduct process. Students serving must be in good academic standing with no serious conduct violations at the University.

The chief conduct officer or designee will serve as a non-voting chair for each hearing panel. The chair of the panel will conduct hearings according to the following guidelines:

Hearings are closed to the public.
Hearings are tape-recorded; however, deliberations of the hearing panel will remain private.
Regarding incidents involving more than one respondent, the panel will jointly conduct a hearing. Separate findings will be made for each respondent. At the discretion of the student conduct officer, individual hearings may be permitted or as required by law.
The complainant, respondent, and advisors will be allowed to attend the entire portion of the hearing except for the deliberation and findings. Only in cases involving violence or sexual misconduct, as it relates to Title IX, will the complainant be advised of the outcome.

All parties must submit questions to the conduct officer in writing at least two business days before the hearing. Witnesses will only attend the portion of the hearing in which they are presenting information.

Advisors are not permitted to speak or participate directly in any student conduct hearing unless permitted by the chair of the panel.
The panel may only rely on oral and written statements of witnesses and written reports/documents.
After the hearing, the panel will determine by majority vote, using a preponderance of the evidence (whether it is more likely than not) the respondent violated the Code of Student Conduct and recommend sanctions.
A written decision will be sent to the respondent within two (2) business days after the conclusion of the hearing.

If the respondent fails to attend the hearing, the University Committee on Student Behavior may render a decision based on the evidence available. The respondent will then forfeit their right to appeal the decision and/or sanction(s) imposed by the Committee.

There are certain times of the year and possible extenuating circumstances that may remove the option of the student conduct panel. During this time, a student conduct officer will adjudicate cases. The option of a student conduct panel may be removed on the following occasions:

When the committee is participating in training.
When the University is not in session.
During the final two weeks of the fall or spring semester.
During summer sessions.

APPEALS

Appeals requests are limited to the following grounds:

The conduct process as outlined was not adhered to during the original hearing and the break in process was substantial enough to have possibly affected the outcome.
To consider new evidence unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.

The notice of appeal must contain, at a minimum, a statement of grounds for appeal and a summary statement of the facts supporting such grounds.

Upon receipt of the appeal, the Sr. VP of Academic Affairs will review and provide a written decision within five business days. The respondent may request a meeting with the VP to further discuss the appeal; however, the decision is made based on the written information submitted and is final.

DURING THE CONDUCT PROCESS

Responsibilities

All students are responsible for being knowledgeable about the information contained in the Student Code of Conduct. Hard copies are available upon request from the Office for Student Conduct located in the Whitten Student Center.

University email serves as the official communication with students. It is the responsibility of all students to maintain and monitor their University email regularly to stay abreast of student conduct proceedings.

Rights of the Accused (Respondent)

The right to confidentiality of educational records pursuant to Family Educational Rights and Privacy Act (FERPA) of 1974.
The right to be informed of the charges against them in writing.
The right to have a support person or advisor present during student conduct proceedings. This person may not actively participate in the hearing, but may give advice to the complainant.
The right to request, in advance, a copy of the incident report.
The right to call a reasonable number of witnesses. Names of the witnesses must be provided to the student conduct officer at least three business days prior to the hearing.
The right not to appear or to remain silent at the hearing. In the event the respondent does not appear at the hearing, after proper notification, the evidence in support of the violation will be presented, considered, and adjudicated.
The right to a fair and impartial hearing.

Rights of Victims (Complainant)

The right to have a support person or advisor present during student conduct proceedings. This person may not actively participate in the hearing, but may give advice to the complainant.
The right to be informed of the outcome in cases involving violence and sexual misconduct as it relates to Title IX.
The right to a fair and impartial hearing.