2019-2020 Student Handbook 
    
    Apr 04, 2020  
2019-2020 Student Handbook

Student Conduct Resolution


The Office of Student Conduct and Community Standards is committed to fair and equitable responses to student experiences on campus; the office will follow established procedures and the use of outcomes to aid in the student development while maintaining a standard for expectations of behaviors.  When students violate the Student Handbook, the response is to help students reflect on why policies exist, recognize the impact that their behavior has on others, consider personal values and beliefs, and see how they fit in the University community from a broader perspective.

The University reserves the right to take appropriate action to protect the members of the University community and to maintain an environment conducive to learning and inquiry. The Office of Student Conduct and Community Standards will also resolve complaints from outside sources. This includes local residents, students from another institution, and/or a University official that is not acting in their official capacity.

Terms used in the Conduct Resolution Process

  • Complainants: person(s) who makes a complaint.

  • Respondents: person(s) responding to the complaint of misconduct.

  • Appellants: those who appeal a decision.

  • Appellees: respond to an appeal.

  • Resolution Panels: comprised of three trained professional staff who make findings and decide outcomes.  Trained student representatives may also sit on some Panels when appropriate.

  • Appeal Administrators: Resolution Administrator who have had no previous role in a given case and review appeals to decided cases.

  • Business days: weekdays when the University is open and classes are in session.

  • A Report: information provided about possible misconduct and/or violations of University policy.

  • Conduct Resolution Meeting: a conduct hearing facilitated by a Process Advisor and/or Resolution Administrator to evaluate a Respondent’s responsibility for policy violations.

  • Charges: An alleged policy violation.   A charge does not assume a student or organization is responsible for policy violations and responsibility will not be determined until the conduct resolution meetings are finished.

  • Outcomes: a formal sanction imposed on the Respondent in response to policy violation(s).

Violations of University Policies and Local, State, and Federal Laws

Students of the University are governed by local, state, and federal laws, and University policies. Violations of local, state, and federal law also constitute violations of University policy. OWU reserves the right to hold students responsible for violations of both law and University policy regardless of whether they occur on or off campus.  Students who violate local, state, and/or federal law(s) are subject to prosecution by the respective civil authorities, regardless of whether the conduct occurs on or off campus or whether the alleged violation is a misdemeanor or felony. Conduct actions may proceed before, during, or after legal proceedings in any court of law or any investigation by law-enforcement agencies. University conduct action is not subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced, or that such proceedings constitute double jeopardy.

University policies, and procedures are set forth in writing and can be located on this web page.

Confidentiality 

Confidentiality must be maintained throughout the process.   The University is committed to protecting the privacy of all parties involved in conduct cases, to the extent possible.  It will limit the number of University members who are informed of the case to those who are involved in resolving misconduct allegations.  The University will maintain the record of your case in a secure manner and limit access to it, accessible only on a need to know basis.

All comments made about another party during meetings must pertain only to the incident being reviewed.

A Respondent, Complainant, advisor of choice, and/or witness may not bring electronic devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) into a meeting or listening room.  

Any account of the results of the meetings must respect the privacy rights of those involved, and must comply with the restrictions imposed by the Family Educational Rights and Privacy Act of 1974 (FERPA) with regard to information relating to individual students.  Unless otherwise compelled by an applicable exception to FERPA, the University will not release specific information about conduct outcomes.

In the interest of fairness and confidentiality, all interviews, meetings, and conduct resolution meetings are closed. The resolution proceedings will be conducted in an impartial and unbiased manner and will meet the basic standards of impartiality without becoming indifferent or unduly legalistic.

Except in rare circumstances, materials, other than the individual’s personal statement, will not be sent electronically and paper copies will not be provided for personal possession. Parties may review the materials in the Office of Student Conduct and Community Standards.

University Advisor

Complainants and Respondents have the right to a University Advisor.  University Advisors must be members of the University community, unless one or more of the allegations being made are under the University’s gender based harassment policy.  Advisors may not be Trustees of OWU, witnesses for the case, and/or a parent/guardian of anyone involved in the case.  Persons who serve as University Advisors may not be licensed attorneys or have received training to be attorneys.

The parties are entitled to be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present.  Advisors may ask clarifying questions about the University process to the staff person that is facilitating the meeting, but should do so during a break period and refrain from interrupting a meeting.

Advisors should help their advisees prepare for each meeting.  This includes preparing written correspondence. Advisors are expected to advise ethically, with integrity, and in good faith.   All advisors are subject to the same campus policies and procedures. Advisors may not present on behalf of their advisee in a meeting and should request or wait for a break in the proceedings if they wish to interact with campus officials.  The Complainant and Respondent may request a brief recess to confer with the individual advising them. Recesses must be approved, short, and limited in number as determined by the University official facilitating the meeting. University Advisors may not appear at an investigative meeting and/or conduct resolution meeting to observe, present arguments, or for any other reason, if the student for whom they are serving does not also appear at the meeting.

Advisors are expected to refrain from interference with the University investigation and resolution.  Any advisor who steps out of their role in any meeting under the resolution process will be warned once.  If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting.   When an advisor is removed from a meeting, that meeting will typically continue without the advisor present. Subsequently, the Director of Student Conduct and Community Standards will determine whether the advisor may be reinstated or may be replaced by a different advisor.

The University expects that the parties will wish the University to share documentation related to the allegations with their advisors.  The parties are not otherwise restricted from discussing and sharing information relating to allegations with others who may support them or assist them in preparing and presenting.  Advisors are expected to maintain the privacy of all records or information shared with them throughout the proceedings. This information may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the University.  The University may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the University’s privacy expectations.

The University expects an advisor to adjust their schedule to allow them to attend University meetings when scheduled.  The University does not typically change scheduled meetings to accommodate an advisor’s inability to attend. The University will, however, make provisions to allow an advisor who cannot attend in person to attend a meeting by telephone, video and/or virtual meeting technologies as may be convenient and available.

A party may elect to change advisors during the process and is not locked into using the same advisor throughout.

The parties must advise the investigators of the identity of their advisor at least two (2) business days before the date of their first meeting with investigators or before any subsequent proceedings if the advisor is selected after the first meeting.  The parties must provide subsequent timely notice to the investigators if they change advisors at any time.

Filing a Complaint and Investigation

A complaint is an allegation that a student or student organization has violated a University policy. Complaints may be received by any staff member on campus and must be reported to the Office of Student Conduct and Community Standards or Office of Public Safety. Reports involving allegations of sex and/or gender discrimination, including sexual misconduct, may be directly reported to the Title IX Coordinator without contacting Student Conduct and Community Standards or Public Safety.

Upon receiving a complaint, the Office of Student Conduct and Community Standards, will review the information and determine if a formal investigation is needed.  Investigations are conducted in coordination with Public Safety staff. Some complaints will not require additional investigation and will be referred for a Conduct Resolution Meeting without investigative follow-up.

Every effort will be made to resolve allegations of policy violations during the academic year in which they occur. However, if alleged cases of misconduct occur too late to be resolved during the semester, all or part of the conduct process will be taken up during the following semester unless arrangements can be made for all participants in the case to be available at an earlier date.

If a graduating senior is responding to a complaint close to the end of the academic year and before the Conduct Resolution Process can be completed, the Respondent may walk at the graduation ceremony, subject to approval by the Vice President for Student Engagement and Success/Dean of Students, but the diploma will be withheld until the Conduct Resolution Process is completed.

Withdrawl Prior to Resolution

If a student withdraws from the University after a complaint is received, but before the Conduct Resolution Process is completed, the University reserves the right to proceed with the resolution process.  The responding student will have the opportunity to participate in the resolution process. If charges are filed then the resolution body will make a determination of responsibility based on the information they have, regardless of the participation of the respondent.   In some specific cases, the University may choose to place the case on hold pending the student’s impending return to campus, in which case a notation will be placed on the student’s record and the student must resolve the issue before returning as a student.

The University will notify the responding party, and complainant when applicable, if it will proceed with resolving the case or leave it open pending the respondent’s return.  In circumstances when the University holds the case open pending return of the respondent, the University will attempt to resolve the case within two weeks of the respondent’s return to campus.  Any violations of University policies while the respondent is withdrawn from the University may result in the opening of additional conduct cases.

Student Organizations as Respondents

If a complaint is filed against a student organization as a respondent, the University will notify the President and Vice President of the organization of the alleged violations. The University may also contact the organization’s advisor(s) and/or national office, if relevant. The President and Vice President, or equal role/title of the organization, will serve as the representative for the case and will be given the opportunity to be present at conduct resolution meetings to speak on behalf of the organization.

In some situations, an investigation will be initiated and all relevant parties in the organization will be interviewed. The University expects full, transparent, and truthful cooperation among members of an organization that is under investigation. Organizations that are found to be colluding or providing false information to University officials will be held accountable and may lose their recognition from the University depending on the severity of the original complaint and allegations against the organization. Outcomes that may result from the conduct under investigation are described under the subheading “Outcomes and Interventions” below.

Investigations

Investigations are conducted in coordination with Public Safety.  Investigations will be prompt and impartial.

The University cannot stop on-campus investigations for law enforcement.  The University will work with law enforcement to coordinate timelines, but must continue forward regardless of the off campus process.  The investigation process on campus and with local police is considered a parallel process. If a student wants to report to local police then the University will assist the student with this process and will attempt to facilitate a dual interview with Delaware Police Department, if possible, to minimize the number of overall interviews the student may be asked to participate in.

Parties will be given the opportunity to review their statements before they are entered into the investigative report as official.  Parties that do not confirm/correct their statement by the defined deadline will not be able to alter their initial statement. Statements may be completed and reviewed during the interview or may be emailed to the student for review and/or clarification; this is up to the discretion of the investigator and/or the needs of the party being interviewed.

Following the completion of the initial investigation, the Complainant and Respondent will be invited to review their statement, the other party’s statement, and the witness statement(s).   The parties will be given the opportunity to submit additional questions, clarification, and/or more information. If additional information is submitted then the investigator will conduct follow up interviews with relevant parties and finalize their investigative documents.

Upon receipt of the investigative documents, a policy analysis will be conducted with the investigator, and the Assistant Dean of Student Integrity and Community Standards, or designee.   The analysis will examine the statements and determine if there is sufficient evidence that rises to the level of a policy violation. If there is a policy violation then charges will be issued and if there is not sufficient evidence then no charges will be issued.

The Assistant Dean of Student Integrity and Community Standards, or designee, will issue an Investigation Outcome letter to both parties.  Charges and a scheduled resolution meeting will be included in the letter, if applicable.

Notifications to Parties

Parties will be notified in writing, via OWU email of the following:

  • Investigations: the allegations against them, the Complainant(s) if applicable, the date(s) of the alleged violation(s), and information about the investigative process.  In some cases, general inquiry will occur before a formal investigation is initiated. The University is not obligated to notify parties if general inquiries are occurring.
  • Conduct Resolution Meetings: charged policy violations; the date(s) of the alleged violation(s); information about the process; the date, time, place of the conduct resolution meeting.
  • Conduct Resolution Meeting Outcomes: rationale for finding and the right of appeal.

Witnesses

The Respondent and the Complainant has the right to name witnesses, and present relevant evidence. A list of witnesses should be provided to the investigator upon initiation of the investigation. If additional witnesses are found prior to the conduct resolution meeting then the witnesses should be submitted to the Process Advisor no less than 24 business hours prior to the meeting.   

The University may question or call a witness it deems relevant to the facts of the case at any time during the resolution process.

Character witnesses and/or statements will not be accepted for submission. A witness must attest to factual evidence in relation to the specific situation being investigated. The investigator will meet with these witnesses to gather information and statements.

The University reserves the right to contact other witnesses deemed relevant even if a party did not request them to be interviewed.

Witnesses will only be called on during a conduct resolution meeting if there is a need for clarifying information.  

Witnesses will only be permitted inside the conduct resolution meeting location during their own testimony.

Interim Measures and Accommodations

OWU is committed to protecting individuals involved in misconduct cases from the time a complaint is made, through the resolution process, and after an outcome has been determined.  University policy prohibits retaliation against a person or organization filing a complaint, providing information as a witness, or accused of misconduct. Retaliation includes intimidation, threats, coercion, harassment, discrimination or violence against another individual or organization.  Acts of retaliation will be processed through the student conduct resolution process.

Interim measures include, but are not limited to:

  • No Contact Orders:  a directive by the University to parties involved in the case instructing them to refrain from communicating with each other.  This directive is not a restraining order enforced by local law enforcement.

  • Residential Reassignment: changing living arrangements consistent with Residential Life Policy.

  • Additional University Reassignment: adjustments to learning and/or working environments to ensure that a hostile environment is eliminated.

  • Transportation/Escort Arrangements: support for a party to be transported or escorted if there is a concern for physical safety.

  • Classroom Support: faculty may be  asked to consider accommodations for class schedules and coursework This may include withdrawing from a class without penalty.  Tutoring services may be organized by coordinating with the individual departments.

  • Counseling and/or Medical Support: Students may obtain access to counseling and/or medical resources.  The University employs a Survivors of Crime Assistance Counselor that specializes in trauma response and support.
     

The University will provide accommodations when they are reasonably available. These measures will be designed to minimize, as much as possible, the burden on the Complainant, without violating the rights of the Respondent.

Interim Suspension and/or Activity Restriction

If the Vice President of Student Engagement and Success/Dean of Students, or designee, determines that the presence of the Respondent presents a clear and present danger to persons or property at the University, they may issue an interim suspension or activity restriction to the Respondent at any point of the process from when a complaint is filed to when the case is resolved.  Ordinarily, a case involving an interim suspension will be expedited to resolution as quickly as possible.
The Vice President of Student Engagement and Success/Dean of Students, or designee, may also restrict the activities of the Respondent at any point of the process from when a complaint is filed to when the case is resolved.  Activity restrictions also may be kept in place after the case is resolved. Interim suspensions and activity restrictions are operative immediately upon receipt of the notice by the Respondent.
A Complainant always has the right to seek a restraining order or similar no-contact or protective order from the police.  Contact the Department of Public Safety for assistance in obtaining protective orders from the police, or contact the police directly.  The University will enforce all protective and restraining orders regardless of who issues them. Enforcement of these orders will begin upon notification and receipt of documentation of their existence. 

Resolution Bodies

Vice President for Student Engagement and Success/Dean of Students

The Vice President for Student Engagement and Success/Dean of Students has authority to elect to review any case as the Conduct Resolution Administrator and impose any outcome that is appropriate.   In a case where the Vice President for Student Affairs/Dean of Students elects to facilitate a Conduct Resolution Meeting, they will still follow the general guidelines of a hearing process as necessary and appropriate.

Cases that are uncontested (i.e.  where the student(s) admits responsibility), may be resolved and the outcome imposed by the Vice President for Student Engagement and Success/Dean of Students, or their designee.   The Vice President for Student Engagement and Success/Dean of Students reserves the right to refuse to hear a case and refer it to an alternate resolution body to be reviewed and an outcome determined.

Assistant Dean of Student Integrity and Community Standards

Responsible for ensuring fair and equitable responses to student conduct; investigates and charges policy violations; develops and coordinates appropriate outcomes for cases; plans and facilitates ongoing prevention programming as it relates to alcohol and other drugs; coordinates the sexual respect education committee; and is responsible for general case management of student misconduct.   The Director also provides ongoing training to Conduct Resolution Administrators and panel members and maintains student conduct and case records.

The Director also serves as a Conduct Resolution Coordinator and a Process Advisor during meetings that involve Conduct Resolution Panels.

Conduct Resolution Administrator(s)

One or more professional staff members of the University.  Conduct Resolution Administrators (CRA) facilitate conduct resolution meetings and determine whether students are responsible for the charges raised against them.   CRA staff imposes outcomes following a Conduct Resolution Meeting.

Conduct Resolution Panel

Consists of two (2) University staff or faculty members and one (1) student.   If a student is not available to serve on a Conduct Resolution Panel, an additional University staff or faculty member will be appointed to fill the third seat.   Students eligible to be appointed to a Conduct Resolution Panel are selected jointly by the Administrative Policy Committee of WCSA and the Director of Student Conduct and Community Standards. Students will not sit on the Panel in cases where there may be sensitive issues including, but not limited to physical violence, harassment and/or discrimination, and/or sexual harassment and misconduct.   Student representatives may also be excluded from a the Panel at the request of the Complainant or Respondent, or for other reasons including but not limited to exam week and breaks or recesses in the academic calendar.  
The panel will be chaired by a University staff member as a Process Advisor. They will not have voting power on the outcome of the case, but will be present through the resolution meeting to ensure consistency and equity.

The Director of Student Conduct and Community Standards, or designee, is responsible for training panel members and has discretion regarding which student will be appointed to a Conduct Resolution Panel to hear a particular case.  The Conduct Resolution Panel typically hears relatively more serious cases. For students and student organizations that are found to be responsible for violations, the Conduct Resolution Panel develops outcomes in consultation with the Process Advisor to ensure that outcomes are consistent and equitable with University conduct standards.

Resolution Options

Administrative Resolution

In some cases, when charged, Respondents may accept responsibility for violating University policy in a written notice to the Conduct Resolution Coordinator or Panel. This option will be provided in the charge notice to the Respondent if it is applicable. The Conduct Resolution Coordinator  or Panel will determine appropriate outcomes without requiring a meeting with the Respondent.

Respondents that accept the Administrative Decision will not be permitted to appeal the decision unless procedural rights have been violated. It should be noted that if a Respondent’s file has a record of similar violations then an outcome may be issued based on the totality of the Respondent’s conduct history.

Conduct Resolution Meetings

Following the completion of the investigation, if applicable, a conduct resolution meeting will be scheduled with a Conduct Resolution Administrator and/or a Panel to assess the information and the charged policy violations.  The Administrator or Panel will determine the responsibility of the Respondent(s) and may impose outcomes.

The Respondent and the Complainant have the right to request that the Conduct Resolution Administrator or the Process Advisor reschedule a conduct resolution meeting.   Requests must be made, in writing, at least 24 business hours before the scheduled meeting. The Administrator and/or the Process Advisor has authority to deny the request if there is not a sufficient reason for rescheduling.   Parties that fail to attend their scheduled meeting, without rescheduling, are subject to the conduct resolution meeting being held in their absence.   The resolution body will make the determination based on the information that they have.

The Respondent and the Complainant have the right to challenge the presence of any Conduct Resolution Administrator and/or Panel member who they feel is unable to objectively hear the case.   Any challenge must be presented to the Office of Student Conduct and Community Standards, in writing via email, at least two (2) business days prior to the conduct resolution meeting.

Parties may review the materials relevant to the case during their Conduct Resolution Meeting or they may request to review the information prior to their scheduled meeting; requests should be made to the Office of Student Conduct and Community Standards.

Alternative Resolution

The alternative resolution process is designed to eliminate a hostile environment without taking formal action against a Respondent.   If the initial assessment concludes that alternative resolution may be appropriate, the University will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the Complainant’s access to the educational and extracurricular activities at the University and to eliminate a hostile environment.
Participation in alternative resolution is voluntary and a Complainant or Respondent can request to end alternative resolution at any time.  Pursuing alternative resolution does not preclude later use of formal resolution if the alternative resolution fails to achieve a resolution acceptable to the parties and to the University and/or one party violates the terms of the alternative resolution.

As part of the alternative resolution process, the Director of Student Conduct and Community Standards, or designee, may:

  • Facilitate a conversation with the Parties.  Facilitated conversations are not used when violent behavior is involved or it is not deemed as an appropriate response.

  • Resolve the complaint through the implementation of remedies when there is sufficient information about the nature and scope of the conduct to support such a response.

  • Act promptly to meet with the parties involved to inform them of the corrective actions.

  • Other potential remedies include targeted or broad-based educational programming or training, supported direct confrontation of the Respondent, mediation when appropriate, and/or indirect action by the Director of Student Conduct and Community Standards or designee.

Standard of Proof

A “preponderance of evidence” standard, which is “more likely than not” that a violation occurred, will be utilized for resolution proceedings and determining responsibility of Respondents.

Conduct Resolution Meetings​

The Respondent and the Complainant have the right to review any material being reviewed by the Administrator or Panel during the conduct resolution meeting.

The Respondent and the Complainant may refuse to answer questions or to abstain from attending their conduct resolution meeting. If a party chooses not to answer questions and/or attend the meeting then the resolution body will proceed without the input of the party and determine an outcome based on the information available to them.

During conduct resolution meeting, Conduct Resolution Administrator(s) or the Conduct Resolution Panel will consider information that is appropriate for determining the outcome of the case.  A conduct resolution meeting may be suspended and continued at a later date if there is a reasonable likelihood that pertinent information exists, but is not available at the time of the resolution meeting. The case may also be referred to the Director of Student Conduct and Community Standards if, in the course of conduct resolution meeting, it is determined that the case needs to be reviewed for further investigation.

As applicable, parties will be permitted to listen to statements made by the other party, including witnesses. This will be coordinated either by allowing the parties to be in the same room together or having them in separate rooms listening to the meeting via technology resources. The Complainant and Respondent will be permitted to ask questions or relay questions through the Process Advisor to ask the other party or witnesses. Questions must be relevant to the case and the Process Advisor has the authority to approve or deny questions if they are outside the scope of the complaint.

Persons disruptive at any stage of a meeting may be removed at the discretion of the University representative leading the meeting.

A conduct resolution body may review a case that has multiple Respondents involved in the same alleged violation together or individually at their discretion.  Meetings may be held over more than one sitting.

Following the conduct resolution meeting, the resolution body will prepare a written statement explaining their findings and rationale. The Respondent is notified in writing, via email, of the outcome.

Notification of Outcomes to Parties Other than Respondent

The outcome of a conduct resolution process is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions.

Complainant’s Right to Receive Notification of Outcome

As allowed by FERPA, when a student is accused of a policy violation that would constitute a crime of violence or forcible or non-forcible sex offense, the University will inform the party bringing the complaint in writing of the final results of a hearing regardless of whether the University concludes that a violation was committed.

FERPA defines “crimes of violence” to include:

  • Arson
  • Assault offenses (includes stalking)
  • Burglary
  • Criminal Homicide—manslaughter by negligence
  • Criminal Homicide—murder and non-negligent manslaughter
  • Destruction/damage/vandalism of property
  • Kidnapping/abduction
  • Robbery
  • Forcible sex offenses
  • Non-forcible sex offenses

Such release of information may only include:

  • The responding student’s name.
  • The violation committed.
  • The sanctions assigned (if applicable).

In cases of sexual misconduct and other offenses covered by Title IX (including, but not limited to, sexual harassment, sexual misconduct, relationship violence, stalking) only, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding(s) and sanction(s).

Outcomes and Interventions

OWU is committed to a progressive learning-based system of outcomes during a conduct resolution process.

OWU utilizes a range of outcomes and interventions that will support student education and growth.  The goal is to develop outcomes that are appropriate for each individual or organization to empower them to take responsibility for their actions and role in the community.

The range of potential outcomes include:

  • Warnings:  an official letter of warning that is placed in the file of a student or organization that has been found responsible for a violation.

  • Learning-Based intervention: outcomes that encourage self-reflection and enable the individual and/ or organization to evaluate decision making and impact on their community.

  • Educational/health interventions: requirement for a student to complete a consultation appointment with a medical professional or licensed counselor to assess risks to personal health due to substance use and/or abuse.

  • Fines: a monetary charge to the responsible student.

  • Restitution: repayment for financial loss to an individual or the University.

  • Community restitution/service to the community: repayment to the community through service projects or shadowing a department on campus that was impacted by student behavior.

  • Probation:  a specified period of time during which a student or organization’s conduct is expected to be exemplary.  Any additional violations of the Student Handbook by a student or organization on probation will result in more severe outcomes, including possible suspension or expulsion.   Individual students and organizations are subject to the loss of privileges while on probation.

  • Loss of Housing Privileges: this includes opportunity to select and/or live in specific housing on-campus or the ability to reside in residential spaces.

  • Loss of Privileges: for organizations, it is typically a denial of the right to host social gatherings and engage in other activities for a specified period of time. For individuals, it might include residence hall relocation, restrictions on being in designated areas of campus, and loss of other privileges.

  • Parental/Guardian Notification: The University reserves the right to notify parents or legal guardians of dependent students under the age of 21 for any violations of University policy that endanger the health and well-being of a student or other individuals in the community, in cases where other conduct modification approaches have not been successful, or when the conduct is sufficiently severe.

  • Conduct Hold:  a hold on a student’s record that prevents the student from returning to the University for the following semester or, if the student is a graduating senior, receiving their diploma, until certain conditions are met. It is most often used when students fail to comply with non-monetary outcomes.

  • Suspension:  removal from the University for a stated period of time and/or until a stated condition(s) is met. Students under suspension are not permitted on campus without written permission from the Dean of Students, or designee, or to participate in any University activity. Readmission to the University following the end of the period of suspension is contingent upon demonstrating to the Dean of Students that measures have been taken to correct the problems that resulted in the suspension. The Dean may impose restrictions on individuals or organizations as conditions of their reinstatement. Parents/Guardians of students who have been suspended may be notified.

  • Expulsion: permanent separation from the University. Parents/Guardians of students who have been expelled may be notified.

Appeals

Respondents have the right to appeal the outcome of a resolution meeting. When Complainants in the original conduct resolution meetings are individuals who are not University officials acting in their official capacity to enforce University policies and regulations, they also have the right to appeal. The appeal is not meant to re-hear or reargue the same case and is limited to the standards below. Written appeals must meet one or all of the following standards:

  • A procedural (or substantive) error occurred that significantly impacted the outcome of the Conduct Resolution Meeting (e.g.  substantiated bias, material deviation from established procedures, etc.);
  • To consider new evidence, unavailable during the original Conduct Resolution Meeting or investigation, that could substantially impact the original finding or outcome.  A summary of this new evidence and its potential impact must be included.

Parties may not appeal under the following circumstances:

  • Non-attendance at meetings;

  • Dissatisfaction with a decision and/or outcome.

Appeals must be submitted in writing to the Office of Student Conduct and Community Standards.  The written appeal must state the specific grounds for the appeal and be received within five (5) business days from the date of the outcome letter from the conduct resolution meeting.

Appeals will typically be heard by the Vice President for Student Engagement and Success/Dean of Students, the Associate Dean for Student Success, and/or the Assistant Dean of Student Integrity and Community Standards based on the written appeal, any written responses by relevant parties involved in the appeal claim, and a review of case files.  A different appeal officer may be appointed in extenuating circumstances. An in-person meeting with the Appellant or other parties will occur only at the discretion of the person reviewing the appeal. The decision of the appeal officer is final.

All outcomes imposed by the original Conduct Resolution Coordinator or Conduct Resolution Panel will be in effect during an appeal.   A request may be made to the Assistant Dean of Student Integrity and Community Standards to delay implementation of the outcomes until the appeal is decided, but the presumptive stance of the institution is that the outcomes will go into effect immediately.   Graduation, study abroad, internships/ externships, etc. do not  in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the University or resumption of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

Failure to Comply

Students that fail to comply and/or complete the assigned outcomes may be charged and an additional Conduct Resolution Meeting will be held.  A conduct hold will be placed on the student record until the incomplete sanction and/or failure to comply case is resolved.