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Student Rights and Responsibilities

Degree Programs

Student Conduct

Process

The Student Rights & Responsibilities process begins with a report, which is submitted to the Office of Student Rights & Responsibilities who will review the information and determine if there are any potential policy violations.  If there is a violation, each step of the process is explained in more detail below.

 
Reporting

Any person may file an Incident Report with the University through this form.

Once a Report has been filed, Student Rights & Responsibilities may proceed with the Student Rights & Responsibilities 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 participate. Action will only be taken without the consent of a Complainant if, in the Director of Student Rights & Responsibilities' 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 Rights & Responsibilities Process from proceeding.

The University may implement Interim measures based on the unique circumstances of a specific incident. 

Student Rights & Responsibilities will refer Reports involving allegations of violation of the University's Discrimination and Equal Opportunity Policy, including gender-based violence, to the Office of Equal Opportunity & Title IX for evaluation. If the available information supports an alleged violation of the University's Discrimination and Harassment Policy, the Office of Equal Opportunity & Title IX will be responsible for the investigation, and findings regarding all allegations in the Report. Otherwise, the Office of Student Rights & Responsibilities will address the Report.

Determination ofAlleged Policy Violations

Student Rights & Responsibilities staff will review available information and assess if Alleged Policy Violations may be applicable and one of the following will occur:

  • No further action will be taken if the Report is not substantiated. The University reserves the right to proceed with the Student Rights & Responsibilities process for any Report should further relevant information become available.
  • The Report will be referred to a Case Resolution Body if the Report is substantiated, and sufficient documentation already exists to proceed with the Student Rights & Responsibilities process.

• During the Student Rights & Responsibilities process, more information may come forward that may result in more alleged violations being reviewed.

Notification of Case Resolution Meeting

The Student Rights & Responsibilities staff member will review the academic schedule(s) of the involved parties and schedule a Case Resolution Meeting with the appropriate Case Resolution Body. The Student Rights & Responsibilities staff member will send each involved party Proper Written Notification.

Case Resolution Meeting

The Case Resolution Meeting is an opportunity to gain the perspectives regarding the incident from the involved parties assess, based on a preponderance of the evidence, whether Student Rights & Responsibilities policies were violated and if so evaluate the impact of the incident, begin to explore possible alternatives to the behavior and conduct that occurred, and discuss opportunities to repair harm.

Cases may be referred to the appropriate Case Resolution Body based on the following guidelines:

  • Administrative Case Resolution Meeting with Housing & Residential Education (HRE) staff in Cases which occur within the University owned or operated housing involving violations of the policies set forth in the Guide to Residence Living and basic violations of Student Rights & Responsibilities policies
  • Administrative Case Resolution Meeting with Student Rights & Responsibilities staff member in Cases which occur within University owned or operated housing and involve significant violations of the Guide to Residence Living and Student Rights & Responsibilities Policies such as physical violence, legitimate threats of violence, Weapons, or other policies
  • Administrative Case Resolution Meeting with Student Rights & Responsibilities staff member in Cases which occur within University owned or operated housing and at least one of the Respondents involved is already on probation, deferred suspension, or has been previously suspended.
  • Administrative Case Resolution Meeting with Student Rights & Responsibilities staff member in Cases which occur on campus or at University Events
  • Administrative Case Resolution Meeting with Student Rights & Responsibilities staff member in Cases which occur off campus; but which affect the operation of the University.
  • Student Accountability Board (SAB) in Cases which:
    1. An active Complainant is participating
    2. There is highly disputed information between parties; and/or
    3. The Outcome is potentially suspension or dismissal
  • In Cases involving a minor violation of the policies set forth in the Guide to Residence Living and/or Student Rights & Responsibilities Policies, a simple warning letter may be sent to the Respondent instead of scheduling a Case Resolution Meeting. However, a Case Resolution Meeting is available upon request from the Respondent.
  • SRR reserves the right to make exceptions to the above guidelines to accommodate scheduling, confidentiality, or other extenuating circumstances.
  • Parties involved with the SRR Process are prohibited from making audio and/or video recording of any Case Resolution Meeting or related proceeding.
  • Following a Case Resolution Meeting, the Case Resolution Body can take one of the following actions regarding each Respondent:
    1. Find the Respondent not responsible of violating University or SRR Policies.
    2. Find the Respondent responsible of violating University or SRR Policies and assign appropriate Outcomes. The Case Resolution Body will only find a Student responsible if a preponderance of the evidence presented supports such a finding.
    3. Find the Respondent responsible of violating University or SRR Policies and refer the Student to a Restorative Justice Conference (RJC) for Outcomes when the Case Resolution Body determines that this option is appropriate.A Respondent will only be referred to an RJC if an agreement on responsibility can be made and the Student agrees to seek alternative ways to address the impact of their choice and actions.
    4. Refer the Respondent to a new Case Resolution Meeting before a separate Case Resolution Body.
Determination and Decision Notice
  • Once the Case Resolution Body has made a decision regarding responsibility and possible Outcomes, Student Rights & Responsibilities will send Proper Written Notification individually to parties involved.
  • Decision Notice will include, as applicable to the recipient, a rationale explaining the decision, the determination of responsibility per each Alleged Policy Violation reviewed, any assigned Outcomes with details and due dates for completion, and appeal instructions.
Completing the Appeal Process

Respondents have the right to appeal a decision made by a Case Resolution Body based on specific appeal criteria. In certain incidents, Complainants have the right to appeal a decision based on specific criteria.

Involved Parties wishing to appeal a decision have the responsibility to submit a completed appeal form within five (5) Business Days of the decision notice letter.

The Director of Student Rights & Responsibilities has the discretion to grant a reasonable extension to the appeal deadline if the appealing party requests such an extension prior to the initial deadline for the appeal. A reasonable extension is considered to be two (2) additional Business Days; however, the Director of Student Rights & Responsibilities has the discretion to adjust the length of the extension as circumstances warrant.

The Director of Student Rights & Responsibilities will then refer the appeal to an Appellate Officer for review.

If the Respondent submits an appeal, Outcomes assigned will be considered "on hold" pending a final decision on the appeal, unless otherwise determined or in a case in which the Respondent was previously issued an Interim Suspension.

If either or both of the Complainant or Respondent submits an Appeal Form, within five (5) Business 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 that was submitted by the other party(ies). However, the Appellate Officer may reserve 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 by a stated deadline. The appeal must include information to support the specific Appeal Criteria cited in the appeal. Disagreement with the decision is not grounds for appeal.

The Appellate Officer will review the Appeal Form, Student Rights & Responsibilities Records, and any other applicable information to determine a decision on the appeal. Then, the Appellate Officer is limited to taking one of the following actions:
Deny the appeal and uphold the original decision based on not satisfying the Appeal Criteria.
Accept the appeal in whole or in part based on satisfying the Appeal Criteria and either:
Send the Case back to Student Rights & Responsibilities for a new Case Resolution Meeting; or
Dismiss the Case.
The Appellate Officer may not replace the judgment of the original Case Resolution Body. The appellate process exists solely to review the procedures used in the Student Rights & Responsibilities proceedings. The Appellate Officer will transmit a final decision on the appeal within five (5) Business Days after receipt of the appeal. If there are extenuating circumstances, the Appellate Officer will notify all parties involved that an extension beyond five (5) Business Days is necessary in making a decision on the appeal.

Appeal Criteria

Appeals will only be considered in the following circumstances:

  1. The existence of procedural errors so substantial that they 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 Case Resolution Meeting 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: Disagreement with the decision is not grounds for appeal.

Appellate Officers

The following positions are designated as Appellate Officers:

  • If the Case was heard by Housing & Residential Education (HRE) staff, the Director of Student Rights & Responsibilities will review any appeal.
  • If the Case was heard by Student Rights & Responsibilities staff or the Student Accountability Board (SAB), the Vice Chancellor for Campus Life & Inclusive Excellence or their designee will review any appeal.

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 in whole or in part based on satisfying the Appeal Criteria and either:
    • send the Case back to Student Rights and Responsibilities for a new case resolution meeting; or
    • dismiss the Case.

The Appellate Officer may not replace the judgment of the original case resolution body; the appellate process exists solely to review the procedures used in the student conduct proceedings.

The appellate officer will communicate a final decision on the appeal within 5 business days after the receipt of 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.

Case Completion

The case resolution process is considered completed when either no appeal is submitted by an involved party within five (5) Business Days or an appeal is denied, rendering the decision by the Case Resolution Body as final.

Student Rights & Responsibilities staff may notify campus entities of the decision as necessary in order to move forward with processes impacted by the Outcomes. The following examples illustrate the types of notification:

  • In Cases resulting in a Location Restriction Order, Student Rights & Responsibilities staff will notify the applicable office(s).
  • In Cases resulting in a probation status Outcome, Student Rights & Responsibilities staff will notify the applicable office(s).
  • In Cases resulting in suspension or dismissal, Student Rights & Responsibilities staff will notify the offices impacted financially to update their records.
    • Financial Aid Eligibility is based on the effective withdrawal date. The effective withdrawal date is the first date of notification to the Office of the Registrar or other designated offices that the Student is no longer enrolled. Please refer to Withdrawing from DU for more information.
    • The Student will be reimbursed for room and board consistent with applicable Housing & Residential Education policies.
    • The Student will receive any applicable tuition refunds according to the posted Tuition Refund Calendar based on the incident date. Other fees (e.g., parking permit, Greek membership, health insurance, student activities) may be refunded at the discretion of the applicable office.