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Student Conduct Procedures
3.1 CONDUCT PROCESS FOR STUDENT CODE AND OTHER UNIVERSITY POLICY ALLEGATIONS
3.1.1 Reported Misconduct: A misconduct report may be made to Student Conduct by any member of the University community (or may be brought by a member of Student Conduct) on one’s own initiative alleging that a student violated a specific regulation in the Student Code of Conduct.
3.1.2 Conduct Coordinator: One or more Conduct Coordinators shall be appointed by the Director of Student Conduct. The Conduct Coordinator will make, or cause to be made, an investigation of the charge.
3.1.3 Notification and Request for Educational Conference: If, from the investigation, the Conduct Coordinator determines the matter may be reason for discipline under the Student Code of Conduct regulations, the Conduct Coordinator will notify the student and will offer the student an opportunity to discuss the matter through an Educational Conference. The notice will include the alleged misconduct, date of alleged misconduct, and a link to the student conduct procedures.
The notice will be sent through university email and will be deemed received immediately upon delivery.
The student will have three (3) business days from the date of receipt in which to respond to the notice. If the student has not responded at the end of this three-day period, the Conduct Coordinator will follow procedures set forth in section 3.1.5.
220.127.116.11 Business Day: For purposes of the Student Code, a business day shall be a Monday through Friday when the University is open for business.
3.1.4 Educational Conference: If the student chooses to discuss the matter, the Conduct Coordinator will, at the discussion, inform the student of the charge(s) and the regulation(s) which are alleged to have been violated and will explain to the student the procedures outlined in this document.
3.1.5 Student is Nonresponsive/Noncompliant: If the student chooses not to respond to the Coordinator’s request for an educational conference, chooses not to attend the educational conference, or chooses not to participate in these conduct procedures, the Conduct Coordinator will schedule a hearing and the student will be notified of the date and time of the hearing and/or a hold may be placed on the student’s account until the matter is resolved.
3.1.6 Student Record: A record of any misconduct report will be kept in Student Conduct containing information about the reported incident, the violation (if any), and the sanction (if any). In cases where there is a violation of the Student Code and/or other University policies, this record will become part of that student’s conduct record with the University.
3.1.7 Student Admits Responsibility for the Violation
18.104.22.168 If the student admits responsibility the violation, they are waiving their right to a hearing and other University process protections. The Conduct Coordinator may then, considering the cumulative conduct history of the student charged, choose to:
Issue a sanction,
Order that the sanction be recommended by a Hearing Officer, and/or
Enter into a written, mutually acceptable, disruptive behavior agreement with the student.
22.214.171.124 Accepting Sanctions: A student may choose to accept in writing the sanctions issued by the Conduct Coordinator. This agreement ends the conduct process and may not be appealed.
126.96.36.199 Limited Appeal: The student charged or the person or group who first brought the charge, or the University, may appeal the sanction (except the terms of a disruptive behavior agreement), in writing to the Conduct Coordinator within two (2) business days after the Conduct Coordinator has assigned the sanction. Since admission of the violation by the student is a prerequisite to the Conduct Coordinator acting under this section, such an appeal will only be as to the appropriateness of the sanction.
188.8.131.52 Failure to complete or adhere to the terms of any sanction may result in additional sanctions, a hold on the student’s account and/or suspension as determined by the Conduct Coordinator. Under this section, a decision to suspend a student will be made in consultation with the Assistant Dean of Students.
3.1.8 Student Denies Responsibility for the Violation
After discussion with the student, the Conduct Coordinator may determine that the matter requires no further action. The Conduct Coordinator will refer the matter to a hearing if:
184.108.40.206 Student Denies Responsibility: The student denies the charge and the Conduct Coordinator determines the matter may be reason for discipline.
3.1.9 Disruptive Behavior Agreement: In lieu of, or in addition to, a sanction or referral to a hearing, the Conduct Coordinator may arrange a disruptive behavior agreement with the student. A disruptive behavior agreement is a mutually acceptable agreement between the University and a student that specifies certain behavior with which the student must comply, and specifies automatic sanctions that will be imposed if the contract is broken. As this is a mutual agreement, it may not be appealed. If the contract is broken, as determined by a finding of fact under procedures set forth in Section 4 herein, the student may be suspended from the University as determined by the Conduct Coordinator.
There are two bodies before which a hearing may be held: Hearing Officer and the Hearing Board. The Conduct Coordinator will assign a case to one of these bodies, except that in cases where there is potential for a sanction of suspension or dismissal, the student may choose which body will hear the case and will have two (2) business days from the date of the meeting with the Conduct Coordinator to make a hearing body choice). If no such timely choice is made, the Conduct Coordinator will designate which body will hear the case and the student will be notified of the time and date of the hearing. Under Section 3.6.1 University Process for Emergency Suspension, the hearing will be held before a Hearing Officer.
3.2.1 Conduct Pool Obligations
220.127.116.11 Hearing bodies will decide the outcome based solely on information presented at the hearing (Hearing Boards will decide by a majority vote).
18.104.22.168 Each individual selected to serve as a member of a hearing body will promise to administer the rules and regulations of the University in a fair and impartial manner. Each will treat this appointment as a public trust, not allowing other influences or private interest to interfere with the prompt, proper and impartial discharge of their duties.
22.214.171.124 If a member of the hearing body feels they cannot render an impartial decision in a case for any reason, the individual shall disqualify themselves.
126.96.36.199 A person may not serve as a member of a hearing body if they are a witness who may testify at the hearing, if they have a personal interest in the outcome of the hearing, or if there is other sufficient reason to believe that they could not serve in a fair and impartial manner.
3.2.2 Hearing Officer: Members of the Administrative/Professional staff and Faculty pools are eligible to serve as Hearing Officers and must participate in annual training sessions regarding the Student Code of Conduct before participating in the hearing process. The Hearing Officer will be assigned by the Dean of Students (or designee) to hear the case.
188.8.131.52 Administrative/Professional Staff: All Administrative/Professional staff members are eligible for appointment to the conduct pool. The Provost (or designee) will make at least ten (10) appointments to the pool by the first day of classes of the Fall Semester and may make additional appointments to fill vacancies as needed.
184.108.40.206 Faculty Members: Faculty are elected (by and from) to serve a three year term in the conduct pool: four representatives from the College of Liberal Arts and Sciences, one from each of the remaining colleges, and University Libraries. If appointments are not made by the first day of classes of the Fall Semester, the Provost (or designee) is authorized to fill appointments from the faculty at large. In addition to representatives from academic colleges and University Libraries, the Provost (or designee) will appoint not fewer than four (4) members to the pool from the faculty at large.
3.2.3 Hearing Board: The Hearing Board consists of two (2) people who serve under Section 3.2.2 and one (1) student from the conduct pool. When the alleged violation is related to the Academic Integrity of Grades and Scholarships, the Hearing Board shall be composed of only faculty members. The Hearing Board members will be assigned by the Conduct Coordinator to hear the case. A minimum of three (3) Hearing Board members must be present for a hearing.
220.127.116.11 Student Members: The students appointed to the conduct pool will be selected and approved by the Director of Student Conduct in consultation with Student Senate and must participate in annual training sessions regarding the Student Code of Conduct prior to serving on the Hearing Board.
18.104.22.168 Unavailable Conduct Pool Members: At times when a hearing body cannot be assembled, such as when students are not in attendance at regular sessions, final exam periods, summer sessions, etc., the Conduct Coordinator may assign the case to be heard by a Hearing Officer.
3.2.4 Hearing Decisions: The hearing body, based upon the information presented at the hearing, determines whether the student charged violated student conduct regulations, and recommends sanctions, if any, to the Conduct Coordinator.
22.214.171.124 Failure to complete or adhere to the terms of any sanction may result in additional sanctions, a hold on the student’s account and/or suspension as determined by the Conduct Coordinator. Under this section, a decision to suspend a student will be made in consultation with the Assistant Dean of Students.
3.2.5 Hearing Procedures
126.96.36.199 Burden of Proof: In all conduct hearings, the burden of proof rests with the Conduct Coordinator, who must demonstrate by a preponderance of evidence, whether it is more likely than not, that a violation has occurred.
188.8.131.52 Record of the Hearing: A single verbatim record, such as an audio recording, will be made of the hearing. This record will remain the property of the University and will be kept by Student Conduct. No other recording device is allowed.
184.108.40.206 Either a Hearing Officer or a person who serves under Section 3.2.2 will lead the hearing.
220.127.116.11 Hearing Officers, members of the Hearing Board, and the Conduct Coordinator may ask questions of any witnesses called on at the hearing.
18.104.22.168 Removal from Hearing: The hearing body may remove any individual from the hearing who is disruptive. The hearing may proceed without the presence of the removed individual or be adjourned to reconvene at a later time. If the disruption is caused by a student, the hearing body, in consultation with the Director of Student Conduct, may determine that a misconduct report be submitted.
22.214.171.124 At least two (2) business days before the hearing, the student will be sent a notification that includes the date and time of the hearing. This notification will be sent through university email and will be deemed received immediately upon delivery.
126.96.36.199 Hearing Outcome: The hearing body will issue a written decision within three (3) business days to the Conduct Coordinator including whether a violation has been found, a rationale for the decision, and sanction recommendation, if applicable. Within three (3) business days from the date the decision is received by the Conduct Coordinator, the student charged and the person or group who first brought the charge will be notified of the decision, the rationale, and any assigned sanctions.
3.3 STUDENT RIGHTS IN REGARDS TO THE CONDUCT PROCESS
The student charged and the person or group who first brought the charge have the following rights:
3.3.1 To a fair and prompt hearing before an impartial hearing body.
188.8.131.52 To appear in person, and testify at a hearing.
184.108.40.206 To not attend the hearing, which will be held in their absence, providing that proper notice of the hearing has been given. The failure of a student charged to appear will not be taken as an admission of a violation.
220.127.116.11 The student charged has the right to refuse to answer questions.
3.3.2 To be accompanied by an advisor of the student's choice at any meeting and/or hearing under these procedures. If the student's advisor is an attorney, the student must notify the Conduct Coordinator of this in writing at least twenty-four (24) hours prior to the meeting. The advisor's role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.
3.3.3 To call on witnesses whose testimony is directly related to the alleged incident, not to general character.
18.104.22.168 Names of any witnesses to be called on at the hearing must be submitted in writing to the Conduct Coordinator at least twenty-four (24) hours prior to the hearing.
3.3.4 To provide any evidence that may support their testimony. Additionally, both parties have the right to request to review any evidence submitted by the other party prior to the hearing.
22.214.171.124 For purposes of these conduct procedures, the term “evidence” shall mean anything outside of first-person, personal testimony that will be used, referenced, or shared with the hearing body by either party at the hearing (some examples include photos, emails, screenshots, documents, reports, audio/video recordings, etc).
126.96.36.199 Any evidence to be used at the hearing must be submitted in advance to the Conduct Coordinator at least twenty-four (24) hours prior to the hearing.
3.3.5 To ask questions of the other party and of any witnesses called on at the hearing. The Hearing Officer, however, has the right to determine the method of questioning (direct confrontation, submission of written questions, or any other method that, in the Hearing Officer’s opinion, will elicit the desired testimony).
3.3.6 To a copy of the hearing decision, rationale, and assigned sanction (if any).
3.3.7 To appeal the decision, process and/or sanction, if grounds are met as outlined in Section 3.4.
3.3.8 In a hearing, the Conduct Coordinator, representing the University, is given the same rights as the student charged and the person or group who first brought the charge under procedures set forth in Section 3.3.
3.4.1 Grounds for Appeal: The student charged, the person or group who first brought the charge, or the University has the right to appeal the decision of the hearing body, the sanction decision of the Conduct Coordinator, or the decision of the appeal body if grounds for appeal are met. The party requesting the appeal must show clear error as the original finding/or compelling justification to modify a sanction, as both finding and sanction are presumed to have been decided reasonably and appropriately. The grounds for appeal are:
188.8.131.52 New Evidence: To consider new evidence, unavailable during the original investigation/hearing, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
184.108.40.206 Procedural Error: To address a procedural error that significantly impacted the finding.
220.127.116.11 Sanction Severity: The sanctions imposed are substantially disproportionate to the severity of the violation and any prior corrective or disciplinary action from a previous offense.
3.4.2 Appeal Window: An appeal is timely only if received within two (2) business days from the date of receiving the written decision appealed. An appeal not made within the time limit will not be heard unless the Assistant Dean of Students makes an exception.
3.4.3 Appeal Bodies: There are two bodies by which an appeal can be reviewed: Appeal Officer and the Appeal Board. When a timely appeal is received, the Conduct Coordinator will assign the appeal to one of these appeal bodies, except that in cases where there is, or is potential for, a sanction of suspension or dismissal, the student may choose which body will review the appeal (the student will include this information in the appeal request). If no such timely choice is made, the Conduct Coordinator will designate which appeal body will review the appeal.
18.104.22.168 Appeal Officer: Members of the Administrative/Professional staff and Faculty pools are eligible to serve as Appeal Officers and must participate in annual training sessions regarding the Student Code of Conduct prior to hearing appeals. The Appeal Officer will be assigned by the Conduct Coordinator to review the appeal.
22.214.171.124 Appeal Board: The Appeal Board consists of two (2) Appeal Officers and one (1) student from the conduct pool. The Appeal Board members will be assigned by the Conduct Coordinator to review the appeal. A minimum of two (2) Appeal Board members must be present for an appeal review.
126.96.36.199 A person may not serve as a member of an appeal body if they are a witness who testified at the hearing, if they have a personal interest in the outcome of the hearing, or if there is other sufficient reason to believe that they could not serve in a fair and impartial manner.
3.4.4 Requesting an Appeal: An appeal is made by eligible parties submitting a written statement to the Conduct Coordinator during the appeal window. The written statement of appeal must include: the grounds for appeal and the remedy that the person appealing is requesting from the appeal body.
3.4.5 The Conduct Coordinator is responsible for assembling an appeal body from the conduct pool and for setting the time and place for holding the appeal review.
3.4.6 Appeal Review: The appeal body will meet to review the appeal. If grounds for appeal are met, the appeal body will review the materials used in the hearing, the record made of the hearing, the administrative contact history made in connection with the matter, and if the appeal is regarding severity of sanctions assigned, the appeal body will review the cumulative conduct history of the student charged.
188.8.131.52 Purpose: The purpose of the appeal review is to decide if the grounds for appeal have been met, and to determine whether the findings of the hearing body or the sanctions imposed by the Conduct Coordinator were so incorrect, or that a procedural error occurred that significantly impacted the findings or sanctions, that the decision should be changed.
- It is not the purpose of the appeal body to substitute its judgment for that of the original hearing body.
- It is not the purpose of the appeal body to decide if it would have reached the same decision had it been the hearing body.
- The appeal review is not a rehearing of the charges against the student; it is a limited review of the findings and/or sanction of the hearing body only as requested by the person or persons making the appeal.
184.108.40.206 At its discretion, the appeal body may invite a person submitting an appeal (or other person having information relating to the appeal) to appear to explain orally the basis for the appeal, although this is not ordinarily expected.
220.127.116.11 Appeal Body Decision: After review of the appeal, the appeal body may (by a majority vote of the appeal board):
- Dismiss the appeal as untimely or substantively ineligible, upholding the original decision.
- Grant the appeal and remand the case back to the original hearing body or Conduct Coordinator for its reconsideration, citing the findings of the appeal body.
- Grant the appeal and remand for a new hearing, citing the findings of the appeal body.
- When the appeal is submitted only as to the appropriateness of the sanction, the appeal body may grant the appeal and modify the sanction.
18.104.22.168 Appeal Outcome: The appeal body will issue a written decision to the Conduct Coordinator within three (3) business days of the appeal review including the decision of the appeal body and a rationale for the decision. Within three (3) business days from the date the decision is received by the Conduct Coordinator, the student charged and the person or group who first brought the charge will be notified of the decision and the rationale. The notification will be sent through university email and will be deemed received immediately upon delivery.
22.214.171.124 The decision of the appeal body is final unless appealed to the Dean of Students (or designee). Appeals submitted to the Dean of Students (or designee) shall follow the procedures set forth in Section 3.4, whereas the Dean of Students (or designee) serves as the appeal body.
126.96.36.199 At the sole discretion of the Dean of Students (or designee), the Dean of Students (or designee) shall decide whether to review a written appeal. In the event that the Dean of Students (or designee) reviews a written appeal, the Dean of Students (or designee) may:
- Affirm the decision of the original appeal body
- Reverse the decision of the original appeal body
- Modify the sanction
- Uphold the sanction
188.8.131.52 The decision of the Dean of Students (or designee) will be final and binding.
When a student admits responsibility or is found responsible through a hearing for violating the Student Code regulations or University policy, sanctions may be imposed. Prior corrective or disciplinary action for a previous offense may be taken into account for determining the appropriate sanction. Disciplinary action may be conditional or final, and it may include one or more of the following:
- Warning: an official, written notice of violation.
- Educational Program/Meeting/Workshop: requirement to attend, present and/or participate in a program, meeting, or workshop related to the violation. It may also be a requirement to sponsor or assist with planning or presenting a program for others on campus.
- Restitution: compensation for damage or loss incurred by the University or another person.
- Community Service: for a student to perform assigned task(s) through a designated office or department.
- Probation: an official notice that, should further violations occur during a definite/indefinite period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.
- Grade/Credit Penalty: Loss of course credit or reduction in grade points (for academic offenses).
Loss of Privileges: the student will be denied specified
privileges for a definite/indefinite period of time. Examples
- operating an automobile on campus;
- participating in and/or holding an office in a campus organization;
- representing the University in any official capacity;
- access to a designated University facility or area;
- participating in a University function.
- University Housing Probation: an official notice that, should further violations 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 unit/building.
- University Housing Suspension: the student's privilege to live in and/or visit any University housing facility is revoked for a definite/indefinite period of time. This sanction may be enforced with a trespass action if deemed necessary.
- Evaluation/Assessment Referral: a requirement to complete an independent evaluation/assessment supporting the student's eligibility to remain/return as a student, with which the Conduct Coordinator (or designee) concurs.
- Denial of a University honor, scholarship, or degree or revocation of an honor, scholarship or degree previously awarded, in an appropriate situation.
- Suspension: separation from the University for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. For the duration of the suspension, the student shall forfeit all rights of their student status and may also forfeit their privileges of access to property owned or controlled by the University or engaging in University sponsored activities or programs. This sanction may be enforced with a trespass action if deemed necessary.
- Dismissal: permanent separation from the university. The student is banned from property owned or controlled by the University and is prohibited from University sponsored activities or programs. This sanction may be enforced with a trespass action if deemed necessary.
- Trespass: an order prohibiting a student from entering upon any property owned or controlled by the University or engaging in University sponsored activities or programs.
- Other Sanctions: additional or alternate sanctions may be created and designed as the University deems appropriate.
For violations involving Registered Student Organizations, the following sanctions may be imposed, in addition to one or more of the sanctions listed above: deactivation, de-recognition, and/or loss of all privileges (including status as a Registered Student Organization), for a specified period of time.
As outlined in sections 184.108.40.206 and 220.127.116.11, failure to complete or adhere to the terms of any sanction may result in additional sanctions, a hold on the student’s account and/or suspension as determined by the Conduct Coordinator. Under the aforementioned sections, a decision to suspend a student will be made in consultation with the Dean of Students (or designee).
3.5.1 Depending on the nature and severity of the violation found, sanctions may be imposed immediately and remain in effect during the pendency of any appeal.
3.6 EMERGENCY CASES
If, in the opinion of the Dean of Students (or designee), a student constitutes a continuing danger to persons or property and/or is an immediate or ongoing threat of disrupting the academic process and/or administrative operations at the University, the Dean of Students (or designee) may immediately suspend, as set forth in Section 3 of the Conduct Process, the student for up to ten business days. The student will be sent a notice of the suspension and/or hearing regarding the suspension through University email which will be deemed received immediately upon delivery. This notice will initiate the conduct process, which may be carried out during the suspension. In appropriate circumstances as determined by the Dean of Students (or designee), the suspension may be extended.
3.6.1 University Process for Emergency Suspensions
- A suspension hearing shall be scheduled within three (3) days of the emergency suspension.
- The student will be sent a notification including the time and place of the hearing.
- The notification will also include the charges and an explanation of the evidence supporting the charges.
- If the student attends the hearing, they shall be given an opportunity to present their version of the events.
- The Dean of Students (or designee) who suspended the student shall conduct the suspension hearing and decide whether or not to cancel or continue the suspension for the balance of the ten days.
- The suspended student shall not have the right to confront or question witnesses, or call their own witnesses.
- The suspended student is entitled to be accompanied at the Hearing by one advisor. The advisor shall have no role at the hearing other than to advise the student and shall not be permitted to ask or to answer questions or to make oral arguments.
- Disciplinary proceedings may be initiated through the normal University conduct process whether or not the emergency suspension has been canceled. If disciplinary proceedings are initiated, the Hearing will be held before a Hearing Officer.
3.7 CHARGES INVOLVING STUDENT ORGANIZATIONS
All notices referred to in these procedures, when involving a Registered Student Organization, shall be sent to the president of the organization on record in the Office of Student Life, at the president of the organization’s University email account, unless another representative of the organization was previously and formally designated by the organization in the Office of Student Life to receive such notices. When a Registered Student Organization is charged with a violation, the president of the organization shall represent the organization in the conduct process as outlined in Section 3.
3.8 UNAVAILABLE ADMINISTRATORS OR OFFICIALS
Should the Conduct Coordinator, the Dean of Students, or other officials required for the functioning of this Conduct Process be unavailable to act hereunder, or if their replacement is not otherwise provided for herein, the Provost or their designee, may appoint a replacement for such official.
If any portion of these Conduct Process Provisions or the application thereof to any person or circumstance shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of these Conduct Provisions which can be given effect without the invalid portion or application.
For a summarized, visual overview of the University conduct process, please click here.