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Balancing the Needs of the Community with the Rights of the Individual

All students have the right to continue their education free from the threat of harassment, abuse, retribution, and/or violence. The University may take whatever measures it deems necessary in order to protect the safety, security, and/or integrity of a complainant, the University, and/or any member(s) of its community. Such measures include, but are not limited to, involuntary removal from a course, program, activity, or the campus pending a hearing, modifications to living arrangements, and/or reporting incidents to law enforcement or other non-University agencies. The Director of CCS, in consultation with the appropriate faculty and/or administrators, shall be empowered to impose any interim restriction short of removal from campus.

The University also recognizes its obligation to students who have been accused but not yet found responsible for misconduct. Therefore, no interim action shall unduly interfere with a respondent’s academic progress short of that deemed necessary to protect the University, any member(s) of its community, and/or its mission.

Respondents | Complainants | Parental Notification | Appeals

The complete text of the Code of Student Conduct can be found here.

Respondents

Throughout his/her involvement in the disciplinary process, a respondent has the following rights and responsibilities:

Fair Treatment

  • The respondent has the right to be treated with dignity and compassion by all persons involved in the disciplinary process.
  • The respondent has the right to be considered innocent of all charges until proven responsible by a hearing body. This right should not be construed to prevent the University from taking necessary interim action as specified in Chapter IX of this Code.
  • The respondent has the right to information regarding the disciplinary process and his/her role within that process.
  • The respondent has the right to object to a member of an inquisitive or hearing body based on a demonstrable, significant bias.
  • The respondent has the responsibility to notify the Director of CCS, or the Associate Provost for Campus Life, when he/she feels fair and equitable treatment has not been given.

Privacy

  • The respondent has the right to privacy throughout the disciplinary process with respect to all uninvolved parties.
  • The respondent has the right, upon request, to have reasonable steps taken by the University to prevent unnecessary or unwanted contact with a complainant.
  • The respondent has the responsibility to notify the Director of CCS, or the Associate Provost for Campus Life, when he/she feels reasonable steps need to be taken in order to protect these rights.

Presence of an Advisor

  • The respondent has the right to have an advisor of his/her choice present throughout the disciplinary process. The advisor may confer with the respondent, but may not actively participate in any disciplinary proceeding, which includes serving as a witness.
  • The respondent has the responsibility to notify the advisor of the time, date, and location of any disciplinary proceeding. Proceedings will not be rescheduled to accommodate an advisor.
  • The respondent has the responsibility to provide prior notification of any advisor to CCS no later than 48 hours before the scheduled start of the hearing. These names shall be made available to the other party, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. The Director of CCS, or his/her designee, shall have the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may result in summary disqualification of an advisor.

Written Notice

  • The respondent has the right to proper written notification of any interview to be conducted with him/her as part of an inquiry. This notice shall include the following:
    • The time, date, and location of the interview;
    • The consequences of failure to appear at the interview; and
    • The procedures for requesting a change in the time or date of the interview.
  • The respondent has the right to proper written notification of any hearing conducted as a result of a complaint filed against him/her. This notice shall include the following:
    • The time, date, and location of the hearing;
    • The consequences of failure to appear at the hearing;
    • A written copy of the complaint, including the name(s) of the reporting party/parties and charges being considered;
    • A list of all complainants and/or witnesses to be called by the University; and
    • The procedures for requesting a change in the time or date of the hearing.
  • The respondent has the responsibility to ensure the University has been provided with accurate address and other contact information so that notification is not unduly delayed.

Hear and Provide Testimony

  • The respondent has the right to hear, question, and respond to all witnesses and/or information presented during a hearing. This does not include the right to direct cross-examination.
  • The respondent has the right to present information and/or witnesses that he/she feels are important and/or relevant to the complaint. Only those witnesses with information directly relevant to the incident(s) being considered shall be allowed to testify before the hearing body; "character" and/or "expert" witnesses shall only be allowed to submit written statements on behalf of the respondent.
  • The respondent has the right not to present evidence against him- or herself. This right should not be construed to allow the respondent to present false or misleading testimony.
  • The respondent has the responsibility to respond to any witnesses or information at the time such evidence is presented. A hearing body is not required to consider any rebuttal made after a witness has been dismissed.
  • The respondent has the responsibility to inform any witnesses he/she wishes to call of the time, date, and location of the hearing, and to have on hand all evidence he/she wishes to present at the time of the hearing.
  • The respondent has the responsibility to provide prior notification of any witness to CCS no later than 48 hours before the scheduled start of the hearing. These names shall be made available to the other party, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. The Director of CCS, or his/her designee, shall have the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may result in summary disqualification of the witness(es).

Written Disposition and Appeal

  • The respondent has the right to proper written notification of the results of any disciplinary hearing. This notice shall include the following:
    • The finding of fact;
    • The specific standards of conduct the respondent has violated;
    • The sanctions imposed; and
    • The procedures for filing an appeal.
  • The respondent has the right to appeal the outcome of the hearing.
  • The respondent has the responsibility to comply with all sanctions imposed as the result of a disciplinary hearing once all routes of appeal have been exhausted.

Complainants

Throughout his/her involvement in the disciplinary process, a complainant has the following rights and responsibilities:

Fair Treatment

  • The complainant has the right to be treated with dignity and compassion by all persons involved in the disciplinary process.
  • The complainant has the right to information regarding the disciplinary process and his/her role within that process.
  • The complainant has the right to object to a member of an inquisitive or hearing body based on a demonstrable, significant bias.
  • The complainant has the responsibility to notify the Director of CCS, or the Associate Provost for Campus Life, when he/she feels fair and equitable treatment has not been given.

Privacy

  • The complainant has the right to privacy throughout the disciplinary process with respect to all uninvolved parties.
  • The complainant has the right to be free from intimidation and/or harassment, and the right, upon request, to have reasonable steps taken by the University to prevent unnecessary or unwanted contact with the respondent(s).
  • The complainant has the responsibility to notify the Director of CCS, or the Associate Provost for Campus Life, when he/she feels reasonable steps need to be taken in order to protect these rights.

Presence of an Advisor

  • The complainant has the right to have an advisor of his/her choice present throughout the disciplinary process. The advisor may confer with the complainant, but may not actively participate in any disciplinary proceeding, which includes serving as a witness.
  • The complainant has the responsibility to notify the advisor of the time, date, and location of any disciplinary proceeding. Proceedings will not be rescheduled to accommodate an advisor.
  • The complainant has the responsibility to provide prior notification of any advisor to CCS no later than 48 hours before the scheduled start of the hearing. These names shall be made available to the other party, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. The Director of CCS, or his/her designee, shall have the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may result in summary disqualification of an advisor.

Written Notice

  • The complainant has the right to proper written notification of any interview to be conducted with him/her as part of an inquiry. This notice shall include the following:
    • The time, date, and location of the interview;
    • The consequences of failure to appear at the interview; and
    • The procedures for requesting a change in the time or date of the interview.
  • The complainant has the right to proper written notification of any hearing conducted as a result of a complaint filed by him/her. This notice shall include the following:
    • The time, date, and location of the hearing;
    • The consequences of failure to appear at the hearing;
    • A written copy of the complaint, including the charges being considered;
    • A list of all responding students and/or witnesses to be called by the University; and
    • The procedures for requesting a change in the time or date of the hearing.
  • The complainant has the responsibility to ensure the disciplinary agent has been provided with accurate address and other contact information so that notification is not unduly delayed.

Hear and Provide Testimony

  • The complainant has the right to hear, question, and respond to all witnesses and/or information presented during a hearing. This does not include the right to direct cross-examination.
  • The complainant has the right to present information and/or witnesses that he/she feels are important and/or relevant to the complaint. Only those witnesses with information directly relevant to the incident(s) being considered shall be allowed to testify before the hearing body; "character" and/or "expert" witnesses shall only be allowed to submit written statements on behalf of the complainant.
  • The complainant has the right to provide a written impact statement to the hearing body, to be considered during the sanctioning process should a finding of violation occur.
  • The complainant has the responsibility to attend any hearing conducted as the result of his/her complaint, or risk the forfeiture of his/her right to appeal.
  • The complainant has the responsibility to respond to any witnesses or information at the time such evidence is presented. A hearing body is not required to consider any rebuttal made after a witness has been dismissed.
  • The complainant has the responsibility to inform any witnesses he/she wishes to call of the time, date, and location of the hearing, and to have on hand all evidence he/she wishes to present at the time of the hearing.
  • The complainant has the responsibility to provide prior notification of any witness to CCS no later than 48 hours before the scheduled start of the hearing. These names shall be made available to the other party, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. The Director of CCS, or his/her designee, shall have the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may result in summary disqualification of the witness(es).

Written Disposition and Appeal

  • The complainant has the right to proper written notification of the results of any disciplinary hearing convened as a result of a complaint filed by him/her. This notice shall include the following:
    • The finding of fact;
    • The specific standards of conduct the student has violated;
    • The sanctions imposed; and
    • The procedures for filing an appeal.
  • The complainant has the right to appeal the outcome of the hearing, unless this right has been waived or forfeited.
  • The complainant has the responsibility to maintain the confidentiality of the respondent’s disciplinary records. Failure to do so may be considered a violation of University standards of conduct and/or federal law.

Parental Notification

The University considers disciplinary records to be part of a student’s educational record, and as such the University complies with all applicable privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA). Further, the University’s primary relationship is with its students, and not with their parents or guardians.

However, the University recognizes that parents and/or guardians maintain an interest in their students’ behavior while at college, and can play a positive role in preventing further misconduct. Therefore, the University may notify the parents or guardians of any dependant student under the age of twenty-one who is placed on probation, or is suspended or dismissed from the University. The University also reserves the right to notify the parents or guardians of any dependent student under the age of twenty-one who has been found in violation of standard D1 (Alcohol Misuse) and/or D2 (Drug Misuse) from section IV of this Code, regardless of the sanction imposed. Notification may be deferred at the sole discretion of the Director of CCS.

This notification is intended as a means to encourage communication between students and their parents or guardians. Regardless of whether notification has occurred, the University shall only correspond and otherwise conduct business directly with students, and not through parents, guardians, or any other third party.

Appeals

Download an Appeal Form

Both respondents and complainants have the right to appeal any decision made by a hearing body, unless this right has been waived or forfeited as allowed for elsewhere in this Code. An appeal shall only be considered in writing, and only if the appeal is received by the Director of CCS within five school days of the date of the hearing. An extension to this deadline may be granted at the sole discretion of the Director of CCS. The Director of CCS shall then refer the appeal to the appropriate appellate officer.

A decision on an appeal may not be rendered until appeals have been received from all respondents and/or complainants, or until the deadline has passed. Appellate decisions should be rendered, and proper written notification provided to all respondents and/or complainants, no later than five school days after the appeal is received by the Director of CCS.

The decision of the appellate officer is final.

Appellate Officers. The following persons shall be designated as appellate officers:

  • If the complaint was heard by HRE staff, any appeal shall be considered by the Director of CCS.
  • If the complaint was heard by the Peer Review Board (PRB), any appeal shall be considered by the Director of CCS.
  • If the complaint was heard by the Director of CCS, any appeal shall be considered by the Associate Provost for Campus Life.
  • If the complaint was heard by the Conduct Review Board (CRB), any appeal shall be considered by the Associate Provost for Campus Life.
  • If the complaint involved a violation of the University’s Honor Code, the appellate officer(s) shall be defined by that document.

Appeal Criteria. Appeals will only be considered in the following circumstances:

  • The existence of procedural errors so substantial that the accused was denied a fair hearing;
  • A finding of fact made in the original hearing clearly not supported by the facts presented;
  • Presentation of new and significant evidence which was not reasonably available at the time of the initial hearing; and/or
  • The imposition of a sanction that is arbitrary or capricious.

Available Actions. The appellate officer is limited to taking one of the following actions for each respondent:

  • Affirm the finding and sanctions imposed in the original hearing.
  • Affirm the finding but modify the sanctions imposed.
  • Remand the complaint for a new hearing.
  • Dismiss the complaint.

Under no circumstances shall the appellate officer supplant the judgment of the original hearing body; the appellate process exists solely to review the procedures used in disciplinary proceedings, and not to re-hear a complaint in its entirety.