Article IV: Student Conduct Code Procedures

  1. Charges and Conduct Board Conferences
    1. Any member of the University Community may file charges against any student for violations of the Student Code. A charge shall be prepared in writing and directed to the Conduct Administrator. Any charge should be submitted as soon as possible after the event takes place, preferably within twenty-eight (28) calendar days of the date of the incident.
    2. The Conduct Administrator, or a designee, may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Conduct Administrator may later serve in the same matter as the Conduct Board or a member thereof. If the student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a Conference if necessary, shall be limited to determining the appropriate sanction(s),.
    3. All charges shall be presented to the Respondent in written form. A time shall be set for a Conduct Board Conference, not less than two nor more than fifteen (15) calendar days after the student has been notified. Maximum time limits for scheduling of Conduct Board Conferences may be extended at the discretion of the Conduct Administrator.
    4. Conduct Board Conferences shall be conducted by a Conduct Board according to the following guidelines except as provided by Article IV(A)(7) below:
      1. Conduct Board Conferences normally shall be conducted in private.
      2. The Complainant, Respondent and their advisors, if any, shall be allowed to attend the entire portion of the Conduct Board Conference at which information is received (excluding deliberations). Admission of any other person to the Conduct Board Conference shall be at the discretion of the Conduct Board and/or its Conduct Administrator.
      3. In Conduct Board Conferences involving more than one Respondent, the Conduct Administrator, in his or her discretion, may permit the Conduct Board Conferences concerning each student to be conducted either separately or jointly.
      4. The Complainant and the Respondent have the right to be assisted by an advisor they choose. The advisor must be a member of the University community and may not be an attorney. The Complainant and/or the Respondent is responsible for presenting his or her own information and, therefore, advisors are not permitted to speak or to participate directly in any Conduct Board Conference before a Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Conduct Board Conference because delays will not normally be allowed due to the scheduling conflicts of an advisor.
      5. The Complainant, the Respondent, and the Conduct Board may arrange for witnesses to present pertinent information to the Conduct Board. The University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Respondent at least two weekdays prior to the Conduct Board Conference. Witnesses will provide information to and answer questions from the Conduct Board. Questions may be suggested by the Respondent and/or Complainant to be answered by each other or by other witnesses. In some circumstances, the Conduct Administrator may consider it inappropriate to allow the Respondent to directly question the Complainant. This would be conducted by the Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the Conference and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the chairperson of the Conduct Board.
      6. Pertinent records, exhibits and written statements (including absent witness reports) may be accepted as information for consideration by a Conduct Board at the discretion of the chairperson.
      7. All procedural questions are subject to the final decision of the chairperson of the Conduct Board.
      8. After the portion of the Conduct Board Conference concludes in which all pertinent information has been received, the Conduct Board shall determine (by majority vote if the Conduct Board consists of more than one person) whether the Respondent has violated each section of the Student Code for which they have been charged with violating.
      9. The Conduct Board’s determination shall be made on the basis of whether it is more likely than not (a preponderance of evidence) that the Respondent violated the Student Code.
      10. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
    5. There shall be a single verbatim record, such as a tape recording of all Conduct Board Conferences before a Conduct Board (not including deliberations). Deliberations shall not be recorded. Minutes of Conduct Board Conferences may be taken by a University administrative assistant. The record shall be the property of the University.
    6. If a Respondent, with notice, does not appear before a Conduct Board Conference, the information in support of the charges shall be presented and considered even if the Respondent is not present.
    7. The Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or other witness during the Conference by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Dean of Student Affairs, or a designee, to be appropriate.
  2. Sanctions
    1. The Dean of Student Affairs or a designee, when appropriate, reserves the right to notify parent(s) or guardian(s) of any or all levels of disciplinary sanctioning.
    2. The following sanctions may be imposed upon any student found to have violated the Student Code:
      1. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.
      2. Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
      3. Loss of Privileges - Denial of specified privileges for a designated period of time.
      4. Fines - Previously established and published fines may be imposed.
      5. Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
      6. Educational Measures – Work assignments, essays, workshops, class(es), service to the University, or other related educational assignments.
      7. Discretionary Sanctions – Sanctions that work to restore, repair, or reverse the damage(s) done by a Student Code violation or other related discretionary assignments.
      8. Housing Reassignment - Required move from housing unit to another on campus.
      9. University Suspension - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      10. University Expulsion - Permanent separation of the student from the University.
      11. Revocation of Degree – A degree awarded from the University may be revoked for violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
      12. On Notice - A written notice that a specified sanction may apply to any further violations.
      13. Withholding Degree – The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
    3. More than one of the sanctions listed above may be imposed for any single violation.
    4. Failure to complete a sanction to the expectations of the assigning Conduct Facilitator will result in referral to the Dean of Student Affairs or his/her designee.
    5. (a) Other than University expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record with the Dean of Student Affairs Office. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than University Suspension, University expulsion, or revocation or withholding of a degree, upon application to the Conduct Administrator. Cases involving the imposition of sanctions other than University Suspension, University expulsion, or revocation or withholding of a degree shall be expunged from the student’s confidential record eight years after final disposition of the case. (b) In situations involving both a Respondent(s) (or group or organization) and a student(s) claiming to be the victim of another student’s conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the Respondent(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
    6. The following sanctions may be imposed upon groups or organizations:
      1. Those sanctions listed above in Article IV(B)(2)(a)-(g).
      2. Loss of selected rights and privileges for a specified period of time.
      3. Deactivation. Loss of privileges, including University recognition, for a specified period of time.
    7. In each case in which a Conduct Board determines that a student and/or group or organization has violated the Student Code, the sanction(s) shall be determined and imposed by the Conduct Administrator or her/his designee. In cases in which persons other than, or in addition to, the Conduct Administrator have been authorized to serve as a member of the Conduct Board, the recommendation of the Conduct Board shall be considered by the Conduct Administrator in determining and imposing sanctions. The Conduct Administrator is not limited to sanctions recommended by members of the Conduct Board. Following the Conduct Board Conference, the Conduct Board and the Conduct Administrator shall advise the Respondent, group and/or organization (and a complaining student who believes s/he was the victim of another student’s conduct) in writing of its determination and of the sanction(s) imposed, if any.
  3. Interim Suspension
    In certain circumstances, the Dean of Student Affairs, or a designee, may impose a University or residence hall suspension prior to the Conduct Board Conference before a Conduct Board.
    1. Interim suspension may be imposed only: a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
    2. During the interim suspension, a student may be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Student Affairs or the Conduct Administrator may determine to be appropriate.
    3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Conduct Board Conference, if required.
  4. Appeals
    1. A decision reached by the Conduct Board, a sanction imposed by the Conduct Administrator, or a sanction imposed by a Conduct Facilitator may be appealed by the Respondent(s) or Complainant(s) to the Dean of Student Affairs within five (5) class days of the decision. Such appeals shall be in writing and shall be delivered to the Dean of Student Affairs or his or her designee.
    2. Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the Conduct Board Conferences and supporting documents for one or more of the following purposes:
      1. To determine whether the Conduct Board Conference was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the Respondent a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
      2. To determine whether the decision reached regarding the Respondent was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
      3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.
      4. To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original Conference, because such information and/or facts were not known to the person appealing at the time of the original Conduct Board Conference.
    3. If an appeal is upheld by the Appellate Board or the Dean of Student Affairs, the matter shall be returned to the original Conduct Board and Conduct Administrator for re-opening of the Conduct Board Conference to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.