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Steps in the Student Conduct Process

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 retains the right to 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 conduct administrator's sole judgment, such action is necessary to protect the safety, security, or integrity of the University or any member(s) of its community.

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, in the sole judgment of the conduct administrator, 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, in the sole judgment of the conduct administrator, the report is substantive, and sufficient evidence already exists to convene a hearing.

Hearing

Each hearing body will be empowered to determine the process by which the hearing is conducted, provided the procedures used conform to the rights afforded to respondents and complainants by this Honor Code. Following a hearing, the hearing body must 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, in the sole judgment of the hearing body, a preponderance of the evidence presented supports such a finding.
  3. Refer the respondent to a new hearing before a separate hearing body. This will be done in cases where the outcome is potentially suspension or dismissal and the hearing body will be the Conduct Review Board.

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, available on the OSC website, is completed and submitted to the OSC within five days of the date on the Notice of Decision letter. An extension to this deadline may be requested and can be granted at the discretion of the Director of OSC. The Director of OSC 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 within five days of the date on the Notice of Decision letter, the Appeal may be forwarded to the other party(ies) involved in the case and the other party(ies) will be given the opportunity to submit a written response. If an Appeal is received from both the complainant and the respondent within five days of the date on the Notice of Decision letter, the Appeal may be forwarded to each of the parties involved and each will be given the opportunity to submit a written response. In either situation, the response(s) 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 the Office of 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:

a)   The existence of procedural errors so substantial that it greatly impacted the hearing decision;

b)   The hearing decision in the original hearing is clearly not supported by the information presented;

c)   Presentation of new and significant evidence which was not reasonably available at the time of the initial hearing and would likely alter the hearing decision; and/or

d)   The imposition of an arbitrary outcome.

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

Appellate Officers. following persons will be designated as Appellate Officers:

a)      If the case was heard by Housing and Residential Education (HRE), any appeal will be reviewed by the Director of OSC.

b)      If the case was heard by OSC or the Conduct Review Board (CRB), any appeal will be reviewed by an Associate Provost.

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:

a)      Deny the Appeal and uphold the original decision based on not satisfying the Appeal Criteria.

b)      Accept the Appeal based on satisfying the Appeal Criteria and either:

  • send the case back to OSC 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.
 

 

The complete text of the Honor Code can be found here.