2020-2021 Student Handbook 
    
    Jun 16, 2021  
2020-2021 Student Handbook

Student Conduct Resolution


Ohio Wesleyan University is committed to providing and maintaining a safe, healthy learning environment for all members of the learning community.  This is accomplished by promoting awareness, respect, and responsibility. Community members are taught:

  • to be watchful for patterns of behavior that collectively raise genuine concern about a student’s health or safety;

  • to respect themselves and others;

  • to take responsibility for choosing the opportunities available to them; and

  • to be accountable for their behavior.

The Office of Student Integrity 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 have been alleged to be in violation of Student Handbook policies, the goal 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 Integrity 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 Process

  • Complainant: an individual who is alleged to be the victim of conduct that could constitute a University policy violation.

  • Respondent: an individual who has been reported to be the perpetrator of conduct that constitutes a University policy violation.

  • Appeal Officer: Resolution Administrator who has had no previous role in a given case and reviews appeals to decided cases.

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

  • 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.

  • Charge: 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.

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

  • Resolution body: an appointed administrator and/or panel that has been directed to make a decision about the Respondent’s responsibility for alleged policy violations.

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.

Filing a Complaint

A complaint is an allegation that a student or student organization has violated a University policy. Complaints may be made to the Office of Public Safety or the Office of Student Integrity and Community Standards.  The Office of Student Integrity and Community Standards will be responsible for processing all complaints and facilitating a resolution process.

Reports involving allegations of sex and/or gender discrimination, including sexual harassment as defined by Title IX, may be directly reported to the Title IX Coordinator without contacting Student Integrity and Community Standards or Public Safety.

Upon receiving a report and/or a complaint that a University policy has  been violated, the Office of Student Integrity and Community Standards, will review the information and determine if a formal investigation is needed.  Investigations may be 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.

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, pending 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.

Resolution Timeline

An investigation may take up to 30 business days, depending upon the number and availability of witnesses, the academic calendar, and other factors. An investigative report will be prepared within 60 business days of the complaint being made. 

A resolution meeting, if applicable, will be held within 90 business days of the complaint being made. A written determination regarding responsibility will be issued within 10 business days of the meeting. It is a goal to resolve complaints within 100 business days from notice of complaint, not counting any appeal period. The University may extend an investigation process for reasonable circumstances and will provide this information to the Complainant and Respondent in writing. 

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 may be resumed during the following semester unless arrangements can be made for all participants to be available at an earlier date.

Requests for Anonymity

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution hearing to be pursued, the Complainant may make such a request. Assistant Dean for Student Integrity and Community Standards, in consultation with other staff, will then evaluate that request in light of the University’s duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for anonymity.

In cases where the Complainant requests anonymity and the circumstances allow the University to honor that request, the University will offer support measures to the Complainant and the community. It must be understood that this will be done to the extent possible based on the Complainant’s limitations for privacy.

The University will take all reasonable and good faith steps to protect the privacy of individuals involved in a complaint, though privacy cannot be guaranteed.  Only a small group of University officials who need to know will be told as appropriate to address the matter and offer support measures.

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.

  • Resolution Meetings: charged policy violations, the date(s) of the alleged violation(s), and the date, time, place of the resolution meeting.

  • Resolution Meeting Outcomes: finding of charges, rationale for finding(s), and the right of appeal.

Interim and Supportive Measures

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.  

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 substantial risk 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 or modify the activities (i.e.: access to buildings, participation in 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. 

Withdrawal 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 party 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, employee, visitor, volunteer, etc.

The University will notify the responding party, and the 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.

Witnesses and Witness Participation

The Respondent and the Complainant have 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, the witnesses should be submitted to the Process Advisor no less than forty-eight (48) business hours prior to the meeting to allow the Process Advisor time to notify the witnesses and request their participation.

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.  Parties that believe a witness should speak with the resolution body must make the request within two (2) business days of the scheduled resolution meeting to the Process Advisor.

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

Participation by Parties or Witnesses

Any person involved in a complaint has the right to decline participation in the investigation or resolution process. The University may continue with an investigation and resolution without the Complainant’s and/or Respondent’s participation. 

Students that have been named in the conduct resolution process are responsible for the communications they receive.  All communication will be sent via owu.edu emails unless other plans for communication have been established.  University staff will make good faith efforts to communicate with participants before moving forward, but will ultimately proceed in resolutions without a person if there is no response.

Lack of participation may result in an outcome that precludes a Complainant or Respondent from appealing the outcomes of the process.

Confidentiality

Confidentiality must be maintained throughout the conduct resolution 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 all conduct cases 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.  There may be limited exceptions made in regard to the history between parties. Additionally, previous good faith allegations and/or findings may be considered as potential evidence of pattern behavior.

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 Integrity and Community Standards, or with a designated staff person approved to share the documents.

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 Title IX and Sexual Harassment policy or the University’s Non Title IX Sexual Misconduct policy.  Advisors may not be Trustees of OWU or witnesses for 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, interviews, and hearings at which the party is entitled to be present.  In some circumstances, the University may need to meet with a party before they may have established an advisor; this is typically in cases when a party is being put on notice that a complaint has been made.  The staff person meeting with the party will not require the party to answer questions and/or give a statement unless they choose to do so.  

All advisors are subject to the same campus policies and procedures.  An advisor is not permitted to engage in the grievance process on a party’s behalf or participate directly in any related meeting or proceeding. Advisors may quietly consult with their advisees during a related meeting or proceeding in a manner that does not disrupt or interfere with the meeting or proceeding. Advisors should request or wait for a break in the proceeding if they want to have a longer or more involved discussion with their advisee or wish to interact with campus administrators.

All parties are expected to be the main source of communication with University administrators facilitating the resolution process.  Advisors may not initiate communication with University administrators on behalf of their advisee in person or via technology (i.e.: phone and/or email).  University administrators will not be expected to communicate to the advisor whenever a communication is made to the party, and expect each party to take responsibility to share communications with their advisor as appropriate.

Advisors should help their advisees prepare for each meeting, and are expected to advise ethically, with integrity, and in good faith. The University cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the University is not obligated to provide one.

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 campus resolution process will be warned once and only 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 end unless the party agrees to participate without their advisor present.  Subsequently, the Assistant Vice President of Human Resources, or designee, will determine whether the advisor may be reinstated or will need to be replaced by a different advisor.

Advisors are expected to maintain the privacy of the records shared with them by the University.  These records 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 University of the identity of their advisor at least two (2) business days before the date of their first meeting.  If the party has not identified an advisor by this time, the University will appoint an advisor for the party, at no cost to them, to allow time for the advisor to prepare.  The parties must provide subsequent timely notice to the University if they change advisors at any time.

Investigations

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 and interviews, but must continue with University resolution processes regardless of the off campus investigation.  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.

Following the meeting with the University investigator, participants will be given the opportunity to review their statements before they are entered into the investigative report as official.  Participants 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 participant for review and/or clarification; this is up to the discretion of the investigator and/or the needs of the participant being interviewed.

Following the completion of the initial investigation, the Complainant and Respondent will be invited to review the initial investigative packet.  The packet will include their statement, the other party’s statement, all witness statement(s), and any supporting documentation that has been provided (i.e.: text messages, emails, videos etc).  The parties will be given the opportunity to submit additional questions, clarification, and/or more information. If additional information is submitted, the investigator will conduct follow up interviews with relevant participants 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, charges will be issued; if there is not sufficient evidence, 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 conduct resolution meeting will be included in the letter, if applicable.

The Respondent will be given the opportunity to accept responsibility for the charges.  If the Respondent accepts responsibility for the charges against them, the Assistant Dean for Student Integrity and Community Standards, or designee, will determine an outcome and appropriate resolution.  

If the Respondent rejects responsibility for the charges, the Assistant Dean for Student Integrity and Community Standards, or designee, will appoint a resolution body that has not been involved with the investigation.  The body will make official findings based on the investigative report and the results of a conduct resolution meeting.

Failure to reply to the letter by the specified deadline will result in the process moving forward to an administrative resolution and an outcome being determined by the Assistant Dean for Student Integrity 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.

Resolution Bodies

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.  The CRA imposes outcomes following a conduct resolution meeting. 

Resolution Administrators may also serve as an appeals administrator if they were not involved with the initial resolution of a case.

Conduct Resolution Panel

Consists of three trained professional staff who make findings and recommend outcomes following a conduct resolution meeting.  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 Conduct Resolution Panel typically reviews relatively more serious cases. For students and student organizations that are found to be responsible for violations, the Conduct Resolution Panel recommends  outcomes  to the Process Advisor to ensure that outcomes are consistent and equitable with University conduct standards.  The Process Advisor will consult with the members of the Dean of Students staff to ensure cases are being resolved consistently with University precedents before issuing an outcome letter to the party(ies).

Conflicts of Interest and Bias

The University is committed to ensuring that the resolution processes (e.g.: investigation, conduct resolution, appeal, etc.) are free from actual or perceived bias and/or conflicts of interest that would materially impact the outcome. 

Any party who feels that there is bias and/or conflict of interest that would materially impact the outcome may submit a written petition to the Assistant Dean for Student Integrity and Community Standards to seek the person’s removal from the process.  If a person wants to petition for removal of the Assistant Dean, written requests may be submitted to the Vice President for Student Engagement and Success.  The recipient of the petition will review the information and make a final determination if a conflict of interest and/or bias exists.

The petition should include specifics as to the bias and/or conflicts of interest, and why the petitioner believes the bias or conflict could materially impact the outcome. 

Types of Resolution

Administrative Resolution

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

If a Respondent’s conduct records have similar violations then an outcome may be issued based on the totality of the Respondent’s conduct history.

Alternative Resolution

The alternative resolution process is designed to eliminate a hostile environment without taking formal action against a Respondent and to reach a mutually-agreeable resolution to the complaint.  Both parties have the option to pursue an informal resolution process and it may be initiated any time prior to reaching a determination regarding responsibility.  Both parties must agree to participate in the informal resolution process.

If alternative efforts are unsuccessful, the formal resolution process may be initiated. Either party has the right to end the information resolution process and begin the formal process at any time prior to an agreed-upon resolution.  The University reserves the right to determine a situation is not eligible for an informal resolution process and eliminate this grievance process option.

As part of the informal resolution process, the University official facilitating the informal resolution process may:

  • 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.

  • Institute other potential remedies including targeted or broad-based educational programming or training.

  • Conduct facilitated conversations with the parties.

Formal Resolution

If a respondent does not accept responsibility for the charges against them and/or a case is referred for formal resolution, a resolution body will be appointed to review the case and determine the respondent’s responsibilty for the charges.  The resolution body will not be the investigator, when applicable.  The following process will be utilized during a formal resolution.

Conduct Resolution Meetings​

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

The Respondent and the Complainant may refuse to answer questions or 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 the conduct resolution meeting, the resolution body will consider information that is relevant 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 Assistant Dean for Student Integrity 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 Process Advisor.

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.

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:

  • 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 outcomes.

  • 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.

  • 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.

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

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

  • 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.

  • 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.

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

  • 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.

  • 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.

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, if applicable.

  • The outcomes imposed, if applicable.

In cases of sexual misconduct, non-Title IX policy violations and other offenses covered by Title IX, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding(s) and sanction(s).

Appeals

Respondents have the right to appeal the outcome of a resolution meeting. When Complainants in the original 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 for complaints that were a “crime of violence”.  “Crimes of violence” 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

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 resolution meeting (e.g.  substantiated bias, material deviation from established procedures, etc.);

  • To consider new evidence, unavailable during the original 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.

  • Outcomes imposed are grossly disproportionate to the violation(s) committed.

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 Integrity 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 with Outcomes

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.

Record Retention

The University will maintain all student conduct records for a period of seven (7) years from the student’s graduation date and/or last date of enrollment at the University.