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Student Conduct

Degree Programs

Student Conduct

Process

The Student Conduct process begins with a report, which is submitted to a Conduct Administrator who will review the information and make a determination of charges. The process may then proceed to a hearing and ends with the process of appeal. Each step of the process is explained in more detail below.

 
Reporting

Any person may file a Report with the University. A Report is considered to have been filed when it has been presented in writing to a Conduct Administrator.

Once a Report has been filed, the University may proceed with the Student Conduct Process, even if a Reporting Party or Complainant later chooses to retract, rescind, or recant any or all of the Report or chooses not to cooperate. Action will only be taken without the consent of a Complainant if, in the Director of Student Conduct's judgment, such action is necessary to protect the safety, security, or integrity of the University or any member(s) of its community. Additionally, withdrawing from the University will not prevent the Student Conduct Process from proceeding.

Referrals to Office of Equal Opportunity (OEO)

Reports involving any allegation of Harassment, Discrimination, including Sexual Misconduct will be referred to OEO for evaluation, investigation, and findings on all allegations in the complaint. No administrative hearing or Conduct Review Board proceedings will be held in cases where a responsible determination is made. Please see here for the full policies and procedures governing the separate resolution process handled by the OEO.

Determination of Charges

Once a Report has been filed, a Conduct Administrator will determine if Charges from the Student Conduct Policies may be applicable and one of the following will occur:

  1. No further action will be taken if the Report is not substantive. The University may resume action on any Report should further relevant information become available.
  2. The Report will be referred to a Hearing Body if the Report is substantive, and sufficient evidence already exists to convene a hearing.
Hearing

The hearing is an opportunity to gain the perspectives of all parties involved in the incident, evaluate the impact or the incident, and begin to explore possible alternatives to the behavior that occurred. Cases may be referred to the appropriate Hearing Body based on the following guidelines:

  1. One-on-One Administrative Hearing with Housing and Residential Education (HRE) staff in Cases which:
    • Occur within the Residence Halls/Apartments involving violations of the Residential Living Policies and basic violations of Student Conduct Policies.
  2. One-on-One Administrative Hearing with Student Conduct staff in Cases which:
    • Occur within the Residence Halls/Apartments and involve physical violence, legitimate threats of violence, or Weapons.
    • Occur within the Residence Halls/Apartments and at least one of the Respondents involved is already on probation or has been previously suspended.
    • Non-Residential incidents.
  3. Conduct Review Board (CRB) hearing in Cases which:
    • An active Complainant is participating;
    • There is highly disputed information between parties;
    • The Outcome is potentially dismissal.

In Cases involving a minor violation of the Residential Living Policies and/or Student Conduct Policies, a simple warning letter may be sent to the Respondent instead of scheduling a hearing. However, a hearing is available upon request from the student.

NOTE: Student Conduct reserves the right to make exceptions to the above guidelines to accommodate scheduling, confidentiality, or other extenuating circumstances.

Following a hearing, the Hearing Body can take one of the following actions regarding each Respondent:

  1. Find the Respondent not responsible of violating University Student Conduct Policies.
  2. Find the Respondent responsible of violating University Student Conduct Policies and impose appropriate Outcomes. A student will only be found responsible if a preponderance of the evidence presented supports such a finding.
  3. Refer the Respondent to a new hearing before a separate Hearing Body.
Appeal

Respondents and Complainants have the right to appeal a decision made by a Hearing Body based on specific appeal criteria. An appeal will only be considered when the Appeal Form (Go to the online Appeal Form) is completed and submitted to Student Conduct within five calendar days of the date on the Decision Notice letter. An extension to this deadline may be requested and can be granted at the discretion of the Director of Student Conduct. The Director of Student Conduct will then refer the appeal to the appropriate Appellate Officer for review and determination of next action.

If an appeal is received from either the Complainant or Respondent, or from both parties, within five days of the date on the Decision Notice letter, the other party(ies) involved in the Case will be notified that an appeal has been received. Neither Complainants nor Respondents have the right to view the appeal information which was submitted by the other party(ies) unless released by the Appellate Officer. The Appellate Officer reserves the right to forward any and all portions of the appeal to the other part(ies) as needed in order to address matters raised in the appeal. In such situations, the other party(ies) will be given the opportunity to submit a written response, which will only be considered when provided to the Appellate Officer within the expressed deadline.

Decisions made by the Appellate Officer will be made, and Proper Written Notification provided, no later than five days after Student Conduct receives the appeal. If there are extenuating circumstances, all parties involved will be notified that an extension beyond five days is necessary for the Appellate Officer in making a decision on the appeal.

Appellate Criteria

The appeal must include information to support the Appeal Criteria under which an appeal is being submitted. Appeals will only be considered in the following circumstances:

  1. The existence of procedural errors so substantial that it greatly impacted the findings, responsibility determination, and/or the ultimate Outcomes;
  2. Presentation of new and significant evidence which was not reasonably available at the time of the initial hearing and would likely alter the findings, responsibility determination, and/or the ultimate Outcomes; and/or
  3. The Outcomes imposed are substantially disproportionate to the severity of the violation.

NOTE: Not agreeing with the hearing decision is not grounds for appeal.

Appellate Officers

The following persons will be designated as Appellate Officers:

  1. If the Case was heard by Housing and Residential Education (HRE), any appeal will be reviewed by the Director of Student Conduct.
  2. If the Case was heard by Student Conduct staff or the Conduct Review Board (CRB), any appeal will be reviewed by the Associate Provost for Student Life for Cases involving undergraduate student Respondents and the Associate Provost for Graduate Studies for Cases involving graduate student Respondents.

Available Actions

The Appellate Officer will review the appeal, Student Conduct Records, and any other applicable information to determine if the appeal satisfies any of the Appeal Criteria. Then, the Appellate Officer is limited to taking one of the following actions:

  1. Deny the appeal and uphold the original decision based on not satisfying the Appeal Criteria.
  2. Accept the appeal based on satisfying the Appeal Criteria and either:
    • send the Case back to Student Conduct for a new hearing; or
    • drop the Case.

Under no circumstances will the Appellate Officer replace the judgment of the original Hearing Body; the appellate process exists solely to review the procedures used in the student conduct proceedings, and not to re-hear a Case in its entirety.

Campus Notification and Refunds

The Case resolution process is considered completed when either no appeal is received by the student within 5 calendar days or an appeal is denied, rendering the decision by the Hearing Body as final. At this time, campus entities may be notified of the decision as necessary in order to move forward with processes impacted by the student conduct Outcome decision. For example, in Cases resulting in suspension or dismissal, the offices impacted financially will be notified to update their records. Financial Aid Eligibility is based on the effective withdrawal date.  The effective withdrawal date is the first date of notification by the student to the Office of the Registrar or other designated official offices that the student is no longer enrolled (see Withdrawing Policies). Campus housing and food expense will be reimbursed at a pro-rated amount based on the date of the final student conduct Outcome decision. Tuition will be reimbursed according to the posted Tuition Refund Calendar based on the incident date. Other fees (i.e., parking permit, Greek membership, health insurance, student activities, etc.) may be refunded at the discretion of the applicable office.