Section 7: Formal Conduct Procedures

University as Convener

The University is the convener of every action under this code. Within that action, there are several roles. The responding student is the person who is alleged to have violated the Code. The party bringing the complaint, who may be a student, employee, visitor, or guest, may choose to be present and participate in the process as fully as the responding student. There are witnesses who may offer information regarding the allegation. There is an investigator(s) whose role is to present the allegations and share the evidence that the University has obtained regarding the allegations.

Group Violations

A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this code by the organization or its member(s):

Take place at organization-sponsored or co- sponsored events, whether sponsorship is formal or tacit.
Have received the consent or encouragement of the organization or of the organization’s leaders or officers.
Were known or should have been known to the membership or its officers.

Hearings for student groups or organizations follow the same general student conduct procedures. In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization.

Amnesty

For Victims: The University provides amnesty to victims who may be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result.
For Those Who Offer Assistance: To encourage students to offer help and assistance to others, Woodbury University pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the director of Student Conduct, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.
For Those Who Report Serious Violations: Students who are engaged in minor violations, but who choose to bring related serious violations by others to the attention of the University are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result.
Safe Harbor: The University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

Amnesty requests are at the sole discretion of the director of Student Conduct and may be revoked if in the course of a connected investigation information becomes available that the requesting student made the request in bad faith. The Amnesty Policy does not prevent action by police or other law enforcement personnel acting independently of the University.

Notice of Alleged Violation

Any member of the Woodbury University community, visitor, or guest may allege a policy violation(s) by any student for misconduct under this Code.

Notice may be given to the director of Student Conduct or designee and/or to the Title IX coordinator when appropriate. Additionally, administrators may act on notice of a potential violation whether a formal allegation is made or not. All allegations can be submitted by a victim or a third party and should be submitted as soon as possible after the offending event occurs. The University has the right to pursue an allegation or notice of misconduct on its own behalf and to serve as
convener of the subsequent campus conduct process.

The director of Student Conduct or designee will assume responsibility for the investigation of the alleged violation as described in the sub-section below.

Investigation

Investigation is referenced in both steps 1 and 2 above, with detailed investigation procedures described in this sub-section. The director of Student Conduct will appoint an investigator(s) for allegations under this Code. The investigator(s) will take the following steps, if not already completed by the director or designee:

Initiate any necessary remedial actions on behalf of the victim (if any).
Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the alleged victim, or a University proxy or representative.
Conduct an immediate preliminary investigation to identify an initial list of all policies that may have been violated, to review the history of the parties, the context of the incident(s), any potential patterns, and the nature of the complaint.
1. If the victim is reluctant to pursue the complaint, determine whether the complaint should still be pursued and whether sufficient independent evidence could support the complaint without the participation of the victim.
2. Notify the victim of whether the University intends to pursue the complaint regardless of their involvement, and inform the victim of their rights in the process and option to become involved if they so choose.
3. Preliminary investigation usually takes between 2-14 business days to complete.
If indicated by the preliminary investigation and authorized by the director of Student Conduct, conduct a comprehensive investigation to determine if there is reasonable cause to believe that the responding student violated University policy and to determine what specific policy violations should serve as the basis for the complaint;
1. If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action taken.
2. A comprehensive investigation usually takes between one day and two weeks.
Commence a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding student, who may be given notice of the interview prior to or at the time of the interview.
1. Prepare the notice of alleged policy violation(s) on the basis of the reasonable cause determination, which may be delivered prior to, during, or after the responding student is interviewed, at the discretion of the investigator(s).
Interview all relevant witnesses, summarize the information they are able to share and, when appropriate, have each witness sign the summary to verify its accuracy.
Obtain all documentary evidence and information that is available.
Obtain all physical evidence that is available.
Complete the investigation promptly by analyzing all available evidence without unreasonable deviation from the intended timeline.
Make a finding, based on a preponderance of the evidence, whether a policy violation is more likely than not.
Present the investigation report and findings to the responding student.
Share the findings and update the party bringing the complaint on the status of the investigation and the outcome.

Interim Action

Under the Student Code of Conduct, the director of Student Conduct or designee may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Student Code of Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property, and/or to prevent disruption of or interference with the normal operations of the University. Interim actions can include separation from the institution or restrictions on participation in the community for no more than 20 business days pending the scheduling of a campus hearing on alleged violation(s) of the Student Code of Conduct. In cases where the University is not in normal session, an extended process may be engaged in order to provide all interested parties with the opportunity to engage in the process. A student who receives an interim suspension may request a meeting with the director of Student Conduct or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with the scheduling of a campus hearing.

During an interim suspension, a student may be denied access to University housing and/or the University campus/facilities/events. As determined appropriate by the director of Student Conduct, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the director of Student Conduct and with the approval of, and in collaboration with, the appropriate dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.

Involuntary Withdrawal Policy

A student who exhibits behavior:

That indicates the student is unable to or unwilling to carry out substantial self-care obligations
Where current medical knowledge and/or best available objective evidence indicates that the student poses a significant risk to the health or safety of others
Where the student poses an actual risk to their own safety not based on mere speculation, stereotypes, or generalizations about individuals with disabilities
That poses a significant risk of damage to property
That is disruptive to the normal educational processes of the University (including activities in University owned housing)
That renders them incapable of achieving academic goals,

May be administratively withdrawn from the University. An involuntary withdrawal may be implemented by the associate dean of Students or designee in consultation with Academic Affairs, the Counseling Center, and/or Disability and Accessibility Services. In most cases, an involuntary withdrawal will be immediate and shall be for a reasonable length of time. Note that at any time prior to the implementation of an involuntary withdrawal, a student may choose to withdraw voluntarily. If a student wishes to appeal such a decision, they must submit an appeal in writing, within five business days, to the Sr. VP of Academic Affairs. The appeal decision will be made by the Sr. VP of Academic Affairs.

Decisions regarding involuntary withdrawal will be based on observations of student conduct, actions, and statements, not based on knowledge or belief that the student has a disability. Before placing any student with a disability on a mandatory withdrawal, Woodbury University will do an individualized assessment to determine if there are reasonable accommodations that would permit the student to continue to participate in Woodbury University’s campus community without being withdrawn. Decisions may be made in consultation with a non-Woodbury professional qualified to interpret the information and will include consideration of reasonable accommodations. When a student is involuntarily withdrawn from the University, the student shall be provided with the following in writing:

The reason(s) for this action
Information regarding the student’s eligibility for any tuition and/or fee refund
Information regarding any impact this action may have upon the student’s current grades and academic progress
Conditions that must be met prior to the student’s request for re-enrollment as well as the earliest date at which the student may re-enroll providing all conditions are met
Information regarding the student’s presence on campus or use of University services/facilities
Results of non-compliance with the treatment recommendations for the student’s academic future at Woodbury University (see below)

The written plan outlined above may be subject to amendment as determined by the associate dean of Students or designee.

A student who is involuntarily withdrawn from the University must reapply for admission to the University in order to resume their studies.

Although this policy is not intended to be punitive, invoking the policy does not imply that the student will be exempt from regular disciplinary action according to the policies governing the University community Student Code of Conduct as outlined in the Student Handbook.

Conduct Sanctions

One or more of following sanctions may be imposed upon any student for any single violation of the Code of Student Conduct:

Warning: An official written notice that the student has violated University policies and/or rules and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at the University.
Restitution: Compensation for damage caused to the University or any person’s property. This could also include situations such as failure to return a reserved space to proper condition—labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
Fines: Reasonable fines may be imposed.
Community Service Requirements: For a student or organization to complete a specific supervised service.
Loss of Privileges: The student will be denied specified privileges for a designated period.
Confiscation of Prohibited Property: Items whose presence is in violation of University policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of the director of Student Conduct.
Behavioral Requirement: This includes required activities including, but not limited to, seeking academic counseling or substance abuse screening, writing a letter of apology, etc.
Educational Program: Requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Audience may be restricted.
Restriction of Visitation Privileges: May be imposed on a resident or non-resident student. The parameters of the restriction will be specified.
University Housing Probation: Official notice that, should further violations of Residence Life or University policies occur during a specified probationary period, the student may immediately be removed from University housing. Regular probationary meetings may also be imposed.
University Housing Reassignment: Reassignment to another University housing assignment. Residential Life personnel will decide on the reassignment details.
University Housing Suspension: Removal from University housing for a specified period after which the student is eligible to return. Conditions for readmission to University housing may be specified. Under this sanction, a student is required to vacate University housing within 24 hours of notification of the action, though this deadline may be extended upon application to and at the discretion of the director of Housing and Residence Life. This sanction may be enforced with a trespass action if deemed necessary. Prior to reapplication for University housing, the student must gain permission from the director of Housing and Residence Life or designee. This sanction may include restrictions on visitation to specified buildings or all University housing during the suspension.
University Housing Expulsion: The student’s privilege to live in or visit any University housing structure is revoked indefinitely. This sanction may be enforced with a trespass action if deemed necessary.
University Probation: The student is put on official notice that, should further violations of University policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.
Eligibility Restriction: The student is deemed “not in good standing” with the University for a specified period of time. Specific limitations or exceptions may be granted by the director of Student Conduct and terms of this conduct sanction may include, but are not limited to, the following:
1. Ineligibility to hold any office in any student organization recognized by the University or hold an elected or appointed office at the University.
2. Ineligibility to represent the University to anyone outside the University community in any way including participating in study abroad programs, attending conferences, or representing the University at an official function, event.
University Suspension: Separation from the University for a specified minimum period, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to and at the discretion of the director of Student Conduct. During the suspension period, the student is banned from University property, functions, events, and activities without prior written approval from the director of Student Conduct. This sanction may be enforced with a trespass action as necessary. This sanction will be noted as a conduct suspension on the student’s official academic transcript.
University Expulsion: Permanent separation from the University. The student is banned from University property and the student’s presence at any University-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary. This sanction will be noted as a conduct expulsion on the student’s official academic transcript.
Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the director of Student Conduct or designee.

The following sanctions may be imposed upon groups or organizations found to have violated the Student Code of Conduct:

One or more of the sanctions listed above.
Deactivation, derecognition, loss of all privileges (including status as a University registered group/ organization) for a specified period of time.

Parental Notification

The University reserves the right to notify the parents/ guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The University may also notify parents/ guardians of non-dependent students who are under the age of 21 of alcohol and/or other drug violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.

Notification of Outcomes

The outcome of a campus hearing is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non-forcible sex offense, the University will inform the alleged victim/party bringing the complaint in writing of the final results of a hearing regardless of whether the University concludes that a violation was committed. Such release of information may only include the alleged student’s/responding student’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, only, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding and sanction(s).

In cases where the University determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or non- forcible sex offense, the University may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include:

Arson
Assault offenses (includes stalking)
Burglary
Criminal Homicide—manslaughter by negligence
Criminal Homicide—murder and
non-negligent manslaughter
Destruction/damage/vandalism of property
Kidnapping/abduction
Robbery
Forcible sex offenses
Non-forcible sex offenses

Failure to Complete Conduct Sanctions

All students, as members of the University community, are expected to comply with conduct sanctions within the timeframe specified in the hearing decision. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions and/ or suspension from the University. In such situations, resident students will be required to vacate University housing within 24 hours of notification by the director of Student Conduct, though this deadline may be extended upon application to and at the discretion of the director of Housing and Residence Life and/or the director of Student Conduct. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the director of Student Conduct. In the case of an organization, being “withdrawn” is equated with loss of University recognition as a registered student organization. To re-enroll or regain recognition as an organization, a student/group must have satisfactorily completed all (including any additionally assigned) conduct sanctions. This determination will be made by the associate dean or designee.

Students who graduate with outstanding sanctions may be considered “not in good standing” with the University and restricted from returning to campus until the required conditions are met.

Appeal Review Procedures

Any party may request an appeal of the decision by filing a written request to the Sr. VP of Academic Affairs, subject to the procedures outlined below. All sanctions imposed by the original hearing body remain in effect, and all parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.

Grounds For Appeal Requests

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.

Appeals must be filed in writing with the Sr. VP of Academic Affairs within five business days of the notice of the outcome to the hearing, barring exigent circumstances. Any exceptions are made at the discretion of the Sr. VP of Academic Affairs and, when appropriate, the Title IX coordinator.

The Sr. VP of Academic Affairs will share the appeal by one party with the other party (parties) when appropriate under procedure or law (i.e., if the responding student appeals, the appeal is shared with the complainant, who may also wish to file a response, request an appeal on the same grounds or different grounds). The Sr. VP of Academic Affairs will refer the request(s) to the University’s designated appeals review officer, appointed by Sr. VP of Academic Affairs. The Appeal Officer will also draft a response memorandum to the appeal request(s), based on the officer’s determination that the request(s) will be granted or denied and why.

The appeals review officer will conduct an initial review to determine if the appeal request meets the limited grounds and is timely. They may consult with the director of Student Conduct and/or Title IX coordinator on any procedural or substantive questions that arise.

If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final. If the appeal has standing, the appeals review officer determines whether to refer the appeal to the University Committee on Student Behavior or to remand it to the original decision- maker(s), typically within three to five business days. Where the original decision-maker may be unduly biased by a procedural or substantive error, a new hearing officer(s) will be designated to reconsider the matter, which can in turn be appealed once. Full rehearings by the University Committee on Student Behavior are not permitted. Where new evidence is presented or the sanction is challenged, the appeals review officer will determine if the matter should be returned to the original decision-maker for reconsideration or if it should be reviewed by the University Committee on Student Behavior with instruction on the parameters regarding institutional consistency and any applicable legal guidelines. In review, the original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party(ies) to show clear error. The University Committee on Student Behavior must limit its review to the challenges presented.

On reconsideration, the University Committee on Student Behavior or original decision-maker may affirm or change the findings and/or sanctions of the original hearing body according to the permissible grounds.

All decisions of the University Committee on Student Behavior are to be made within five days of submission to the Panel and are final, as are any decisions made by the original hearing body, director of Student Conduct or Title IX coordinator as the result of reconsideration consistent with instructions from the appeals review officer.

The University Committee On Student Behavior

Three-member University Committee on Student Behavior are drawn from the hearing panel pool with the following requirements to serve:

They did not serve on the Panel for the initial hearing.
They were not involved in the investigation in any way.
They have been properly trained in appeals procedures.

The appeals review officer will have final authority to approve all those serving on the panel. The parties may challenge a panelist(s) on the basis of potential bias, and any panelist who cannot render an impartial decision must recuse themselves. The appeals review officer will make the determination as to the validity of any challenge or need for recusal. In the event of a recusal from the panel, the appeals review officer will solicit a replacement from the pool of panelists.

The director of Student Conduct or designee serves as the non-voting advisor to the panel, with responsibility for training the panel, conducting preliminary investigations, and ensuring a fair process for the complainant and responding student.

The presumptive stance of the University is that all decisions made and sanctions imposed by the original decision-maker are to be implemented during the appellate process. At the discretion of the director of Student Conduct, and in consultation with the Title IX coordinator when necessary, implementation of sanctions may be stayed pending review only in extremely exigent circumstances. This does not include proximity to graduation, end of term, or exams. Instead, it refers to an overwhelming likelihood, as determined by the appeals review officer and director of Student Conduct, in consultation, that the appeal would result in a reversal of the finding and/or substantial modification of the sanctions.

Disciplinary Records

All conduct records are maintained by the University for seven years from the time of their creation except those that result in separation (suspension or expulsion, including from housing) and those that fall under Title IX, which are maintained indefinitely.