This overview gives a general idea of how the University's campus conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible, and are not exactly the same in every situation, though consistency in similar situations is a priority. The campus conduct process and all applicable timelines commence with notice to an administrator, preferably in the Office of the Dean of Students and/or Housing and Residence Life of a potential violation of University rules. In cases of sexual misconduct, the timeline commences with notice to a University employee of a potential violation of the Policy on Sexual Misconduct.
NOTICE. Once notice is received from any source (victim, RA, 3rd party, online, etc.), the University may proceed with a preliminary investigation and/or may schedule an initial educational meeting/conference with the responding student to explain the Dean of Students conduct process to the responding student and gather information.
A. STEP 1: Preliminary Inquiry and/or Educational Conference
The University conducts a preliminary inquiry into the nature of the incident, complaint or notice, the evidence available, and the parties involved. The preliminary inquiry may lead to:
- A determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Code of Student Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code);
- A more comprehensive investigation, when it is clear more information must be gathered a formal complaint of a violation and/or an educational conference with the responding student.
When an initial educational meeting/conference is held, the possible outcomes include:
- A decision not to pursue the allegation based on a lack of or insufficient evidence. The matter should be closed and records should so indicate;
- A decision on the allegation, also known as an "informal" or "administrative" resolution to an uncontested allegation (see immediately below);
- A decision to proceed with additional investigation and/or referral for a "formal" resolution.
If a decision on the allegation is made and the finding is that the responding student is not responsible for violating the Code, the process will end. The party bringing the complaint may request that the Dean of Students/Deputy Title IX Coordinator reopen the investigation and/or grant a hearing. This decision shall be in the sole discretion of the Dean of Students/Deputy Title IX Coordinator and will only be granted for extraordinary cause. If the University's finding is that the responding student is in violation, and the responding student accepts this finding within three days, the University considers this an "uncontested allegation." The administrator conducting the initial educational conference will then determine the sanction(s) for the misconduct, which the responding student may accept or reject. If accepted, the process ends. In cases of minor misconduct, both steps in this paragraph will be accomplished in one meeting.
If student accepts the findings, but rejects the sanction, such sanction can only be appealed if it involves removal from University housing, suspension and/or expulsion from the University. If the administrator conducting the educational conference determines that it is more likely than not that the responding student is in violation, and the responding student rejects that finding in whole or in part, then it is considered a contested allegation and the process moves to Step 2.
B. STEP 2: Formal Hearing
In a contested allegation, additional investigation may then be commenced and/or a hearing may be held when there is reasonable cause to believe that a rule or rules have been violated. A formal notice of the complaint will be issued, and a hearing will be held before a hearing panel. A finding will be determined and is final except in cases that involve Title IX or other discrimination allegations. In those cases, the hearing results serve as a recommendation to the Dean of Students and, where appropriate, the Title IX Coordinator, who review and finalize the finding. If the finding is that the responding student is not responsible, the process ends. Applicable appeals options are described below.
C. STEP 3: Review and Finalize Sanction(s).
If the student is found in violation(s), sanctions will be recommended by the Hearing Panel to the Dean of Students who will review and finalize the sanctions, subject to the University appeals process by any party to the complaint.
Student Conduct Authority
The Dean of Students is vested with the authority over student conduct by the Vice President for Student Affairs. The Dean of Students may appoint a Manager of Student Conduct to oversee and manage the student conduct process. The Dean of Students may appoint administrative hearing officers, conduct boards, and appeals officers as deemed necessary to efficiently and effectively supervise the student conduct process.
No complaint will be forwarded for a hearing unless there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or a victim's statement. A complaint wholly unsupported by any credible information will not be forwarded for a hearing.
C. Conflict Resolution Options
The Dean of Students has discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to conflict resolution and to be bound by the decision with no review/appeal. Any unsuccessful conflict resolution can be forwarded for formal processing and hearing; however, at no time will complaints of physical sexual misconduct or violence be mediated as the sole institutional response. The Manager of Student Conduct may also suggest that complaints that do not involve a violation of the Code of Student Conduct be referred for mediation or other appropriate conflict resolution.
D. Composition of the Conduct Hearing Panel
The Dean of Students (or his/her designee) will be responsible for assembling the Conduct Hearing Panel according to the following guidelines:
The membership of the Panel is selected from a pool of at least 6 students, 6 faculty members, and 6 staff/administrative members appointed and trained annually by the Manager of Student Conduct. No students will sit on a Panel handling complaints involving discrimination, sexual misconduct, or other sensitive issues
To serve in the panel pool, students must:
- Be in academic good standing and have completed 15 hours of academic credit with a cumulative GPA of at least 2.0.
- Be in good standing with the conduct process throughout the semester in which they serve. Good standing is defined as having no record of misconduct during the semester(s) in which a student wishes to serve on the panel. A serious history of misconduct could disqualify a student for service.
- Submit a letter of recommendation from a faculty member or administrator from within the University community
For each complaint, a panel will be chosen from the available pool, and is usually comprised of one to three students and one to three faculty/staff members. Availability may determine a different composition for the Panel, and in complaints involving discrimination, sexual misconduct, or other sensitive issues, the Dean of Students, or his/her designee, will usually use three faculty/staff members for the panel.No students will sit on a Board handling complaints involving discrimination, sexual misconduct, or other sensitive issues.The Dean of Students appoints the non-voting chair of the Hearing Panel, who assures that University procedures are followed throughout the hearing.
E. Administrative Hearing Officers
The Dean of Students will develop procedural rules for the administration of hearings that are consistent with provisions of the Code of Student Conduct. Material deviation from these rules will, generally, only be made as necessary and will include reasonable advance notice to the parties involved, either by posting online and/or in the form of written communication. The Dean of Students may vary procedures with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Code. The Manager of Student Conduct may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. Any question of interpretation of the Code of Student Conduct will be referred to the Dean of Students, whose interpretation is final. The Code of Student Conduct will be updated annually under the direction of the Dean of Students with a comprehensive revision process being conducted every 5 years.
Formal Conduct Procedures
A. University as Convener
The University is the convener of every action under this Code. Within that action, there are several roles. The responding student is the person who is alleged to have violated the Code. The party bringing the complaint, who may be a student, employee, or any member of the university community, may choose to be present and participate in the process as fully as the responding student. There are witnesses, who may offer information regarding the allegation. There is an investigator(s) whose role is to present the allegations and share the evidence that the University has obtained regarding the allegations.
B. Group Violations
A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this code by the organization or its member(s):
- Take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or tacit;
- Have received the consent or encouragement of the organi¬zation or of the organization's leaders or officers; or
- Were known or should have been known to the membership or its officers.
Hearings for student groups or organizations follow the same general student conduct procedures. In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization. The Dean of Students will work with the Director of the Center for Student Involvement in organizing hearings for student groups or organizations.
The University provides amnesty to survivors who may be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result. However, records regarding the provision of amnesty will be maintained.
For Those Who Offer Assistance
To encourage students to offer help and assistance to others, University pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Dean of Students, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result. However, records regarding the provision of amnesty will be maintained.
For Those Who Report Serious Violations
Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the University are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result.
Abuse of amnesty requests can result in a decision by the Dean of Students not to extend amnesty to the same person repeatedly.
Barry University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.
D. Notice of Alleged Violation
Any member of the University community may allege a policy violation(s) by any student for misconduct under the Student Code of Conduct by the following process:
Notice may also be given to the Dean of Student (or designee) and/or to the Title IX Coordinator, when appropriate. Additionally, administrators may act on notice of a potential violation whether a formal allegation is made or not. All allegations can be submitted by a victim or a third party, and should be submitted as soon as possible after the offending event occurs. The University has the right to pursue an allegation or notice of misconduct on its own behalf and to serve as convener of the subsequent campus conduct process.
The Dean of Student (or designee) will assume responsibility for the investigation of the alleged violation as described in the sub-section below.
Investigation is referenced in both steps 1 and 2 above, with detailed investigation procedures described in this sub-section. The Dean of Students will appoint an investigator(s) for allegations under this Code of Conduct. The investigator(s) will take the following steps, if not already completed by the Dean of Students (or designee):
- Initiate any necessary remedial actions on behalf of the victim (if any);
- Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the alleged victim, or a University proxy or representative;
- Conduct an immediate preliminary investigation to identify an initial list of all policies that may have been violated, to review the history of the parties, the context of the incident(s), any potential patterns and the nature of the complaint;
- If the victim is reluctant to pursue the complaint, determine whether the complaint should still be pursued and whether sufficient independent evidence could support the complaint without the participation of the victim;
- Notify the victim of whether the University intends to pursue the complaint regardless of their involvement, and inform the victim of their rights in the process and option to become involved if they so choose;
- Preliminary investigation usually takes between 1-7 business days to complete;
- If indicated by the preliminary investigation and authorized by the Dean of Students, conduct a comprehensive investigation to determine if there is reasonable cause to believe that the responding student violated University policy, and to determine what specific policy violations should serve as the basis for the complaint;
- If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action;
- A comprehensive investigation usually takes between one day and two weeks;
- Meet with the party bringing the complaint to finalize the Complaint's Statement, which will be drawn up by the investigator or designee as a result of this meeting;
- Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding student, who may be given notice of the interview prior to or at the time of the interview;
- Prepare the notice of alleged policy violation(s) on the basis of the reasonable cause determination, which may be delivered prior to, during or after the responding student is interviewed, at the discretion of the investigator(s);
- Interview all relevant witnesses, summarize the information they are able to share and have each witness sign the summary to verify its accuracy;
- Obtain all documentary evidence and information that is available;
- Obtain all physical evidence that is available;
- Complete the investigation promptly by analyzing all available evidence without unreasonable deviation from the intended timeline;
- 1Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not to have occurred);
- 1Present the investigation report and findings to the responding student, who may:
- accept the findings,
- accept the findings in part and reject them in part,
- or may reject all findings;
- 1Share the findings and update the party bringing the complaint on the status of the investigation and the outcome.
The following options (1-3) describe how to proceed depending on whether the Responding Student is found responsible and whether the Responding Student accepts or rejects the findings and/or the sanctions either in whole or in part.
- The Responding Student is Found "Not Responsible"
Where the responding student is found not responsible for the alleged violation(s), the investigation will be closed. The party bringing the complaint, if any, may request that the Dean of Students review the investigation file to possibly re-open the investigation or convene a hearing. The decision to re-open an investigation or convene a hearing rests solely in the discretion of the Dean of Students/Deputy Title IX Coordinator in these cases, and is granted only on the basis of extraordinary cause.
- The Responding Student Accepts a Finding of "Responsible"…
- The Responding Student Accepts a Finding of "Responsible" and Accepts the Recommended Sanctions.
Should the responding student accept the finding that they violated University policy, the Hearing Officer will recommend appropriate sanctions for the violation, having consulted with the Dean of Students as appropriate. In cases involving discrimination, recommended sanctions will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the University community. If the responding student accepts these recommended sanctions, the sanctions are implemented by the Manager of Student Conduct and the process ends.
There will be a three-day period for review between the date of acceptance and when the resolution becomes final. Should the responding student decide to reject the sanctions within that time period, Option 2B, below, will apply. This outcome is not subject to appeal.
- The Responding Student Accepts a Finding of "Responsible" and Rejects the Sanctions Recommended.
If the Responding Student accepts the "responsible" findings, but rejects the recommended sanctions, there will be an appeal of the sanction is allowed only in cases where the sanction involves removal from university housing, suspension and/or expulsion from the University. Appeals procedures are detailed below.
- The Responding Student Accepts a Finding of "Responsible" and Accepts the Recommended Sanctions.
- Responding Student Rejects the Findings Completely or In-part
- Responding Student Rejects the Findings Completely
Where the responding student rejects the finding that they violated University policy, a formal hearing will be convened within seven business days, barring exigent circumstances.
At the hearing, the investigator(s) will present their report to the panel, the panel will hear from the parties, and any necessary witnesses. The investigation report will be considered by the panel, which renders an independent and objective finding. Full panel procedures are detailed below.
If the panel finds the responding student not responsible for all violations, the Dean of Students will timely inform the parties of this determination and the rationale for the decision in writing. This determination is subject to appeal by any party to the complaint. Appeal review procedures are outlined below.
If the panel finds a violation, it will recommend a sanction/responsive action to the Dean of Students, who will render a decision within 2 days of the hearing and timely notify the parties in writing. An appeal of sanction(s) may be filed by any party to the complaint as detailed below.
- Responding Student Accepts the Findings in Part and Rejects in Part
Where the Responding Student rejects in part the finding that they violated University policy, there will be a panel hearing solely on the disputed allegations within seven days, barring exigent circumstances. For all findings holding a responding student responsible for a violation, the University will follow the sanctioning process detailed in sub-sections K(8) and K(9), below. If the Panel finds the responding student "Not Responsible" on any of the contested allegations, the process will move to the Sanctioning Phase on only the uncontested allegations, as detailed in sub-sections K(8) and K(9), below.
- Responding Student Rejects the Findings Completely
G. Special Hearing Provisions for Sexual Misconduct, Discrimination and Other Complaints of a Sensitive Nature
All hearings under this sub-section will be conducted by a three member administrative panel drawn from the panel pool. For sexual misconduct, discrimination and other complaints of a sensitive nature, whether the alleged victim is serving as the party bringing the complaint or as a witness, alternative testimony options may be provided, such as placing a privacy screen in the hearing room or allowing the alleged victim to testify from another room via audio or audio/video technology. While these options are intended to help make the alleged victim more comfortable, they are not intended to work to the disadvantage of the Responding Student.
The past sexual history or sexual character of a party will not be admissible by the other parties in hearings unless such information is determined to be highly relevant by the panel Chair. All such information sought to be admitted by a party or the University will be presumed irrelevant until a showing of relevance is made, in advance of the hearing, to the Chair. Demonstration of pattern, repeated, and/or predatory behavior by the Responding Student, in the form of previous findings in any legal or campus proceeding, or in the form of previous good faith allegations, will always be relevant to the finding, not just the sanction. The parties will be notified in advance if any such information is deemed relevant and will be introduced in the hearing.
The party bringing any complaint alleging sexual misconduct, other behavior falling with the coverage of Title IX and/or a crime of violence will be notified in writing of the outcome of a hearing, any sanctions assigned and the rationale for the decision.
H. Notice of Hearing
Once a determination is made that reasonable cause exists for the Dean of Students (or designee) to refer a complaint for a hearing, notice will be given to the responding student. Notice will be in writing and may be delivered by one or more of the following methods: in person by a staff member of Student Affairs; mailed to the local or permanent address of the student as indicated in official University records; or emailed to the student's University-issued email account. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered. The letter of notice will:
- Include the alleged violation and notification of where to locate the Code of Student Conduct and University procedures for resolution of the complaint; and
- Direct the responding student to contact the Dean of Students (or designee) within a specified period of time to respond to the complaint. This time period will generally be no less than two business days (when the University is in session) from the date of delivery of the summons letter.
A meeting with the Dean of Students (or designee) may be arranged to explain the nature of the complaint and the conduct process. At this meeting, the responding student may indicate, either verbally or in writing, to the Dean of Students (or designee), whether they admit to or deny the allegations of the complaint.
I. Interim Action
Under the Code of Student Conduct, the Dean of Students or designee may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property and/or to prevent disruption of, or interference with, the normal operations of the University. Interim actions can include separation from the institution or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct. A student who receives an interim suspension may request a meeting with the Dean of Students or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with the scheduling of a campus hearing.
During an interim suspension, a student may be denied access to University housing and/or the University campus/facilities/events. As determined appropriate by the Dean of Students, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the Dean of Students and with the approval of, and in collaboration with, the appropriate Dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.
J. Hearing Options & Preparation
The following sub-sections describe the University's conduct hearing processes. Except in a complaint involving failure to comply with the summons of the Dean of Students (or designee), no student may be found to have violated the Code of Student Conduct solely as a result of the student's failure to appear for a hearing. In all such instances, conduct hearings will proceed as scheduled and the information in support of the complaint will be presented to, and considered by, the Manager of Student Conduct, AHO or panel presiding over the hearing.
Where the responding student admits to violating the Code of Student Conduct, the Dean of Students (or designee) may invoke administrative hearing procedures to determine and administer appropriate sanctions without a formal hearing. This process is also known as an administrative conference. In an administrative conference, complaints will be heard and determinations will be made by the AHO.
Where the responding student denies violating the Code of Student Conduct an administrative conference will be scheduled. If the violation is serious enough that the student may face loss of university housing, suspension or expulsion from the University, a student may request that a formal hearing be conducted.
Students who deny a violation for which a panel hearing will be held will be given a minimum of five days to prepare unless all parties wish to proceed more quickly. Preparation for a formal hearing is summarized in the following guidelines:
- Notice of the time, date and location of the hearing will be in writing and may be delivered by one or more of the following methods: in person by a Student Affairs staff member; mailed to the local or permanent address of the student as indicated in official University records; or emailed to the student's University-issued email account. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered.
- If there is an alleged victim of the conduct in question, the alleged victim may serve as the party bringing the complaint or may elect to have the University administration serve as the party bringing the complaint forward. Where there is no alleged victim, the University administration will serve as the party bringing the complaint forward.
- If a responding student fails to respond to notice from the Manager of Student Conduct (or designee), the Manager of Student Conduct (or designee) may initiate a complaint against the student for failure to comply with the directives of a University official and give notice of this offense. Unless the student responds to this notice within two days by answering the original notice, an administrative conference may be scheduled and held on the student's behalf. As a result, the student may be administratively withdrawn from attending classes or a disciplinary hold may be placed on their University account, deeming them ineligible to register for courses or University housing until such time as the student responds to the initial complaint.
- At least three (3) days before any scheduled formal hearing, the following will occur:
- The responding student will deliver to the Manager of Student Conduct (or designee) a written response to the complaint;
- The responding student will deliver to the Manager of Student Conduct (or designee) a written list of all witnesses for the University to call at the hearing;
- The responding student will deliver to the Manager of Student Conduct (or designee) all physical evidence the student intends to use or needs to have present at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Manager of Student Conduct can arrange for its presence;
- The party bringing the complaint will deliver to the Manager of Student Conduct (or designee) a written list of all witnesses for the University to call at the hearing;
- The party bringing the complaint will deliver to the Manager of Student Conduct (or designee) all items of physical evidence needed at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Manager of Student Conduct can arrange for its presence;
- The party bringing the complaint and the responding student will notify the Manager of Student Conduct (or designee) of the names of any advisors/advocates who may be accompanying the parties at the hearing.
- The Manager of Student Conduct (or designee) will ensure that the hearing information and any other available written documentation is shared with the parties at least two (2) days before any scheduled hearing. In addition, the parties will be given a list of the names of all the panelists in advance. Should any party object to any panelist, that party must raise all objections, in writing, to the Manager of Student Conduct (or designee) immediately. Hearing officers will only be unseated if the Dean of Students (or designee) concludes that their bias precludes an impartial hearing of the complaint. Additionally, any panelist who feels they cannot make an objective determination must recuse themselves from the proceedings.
K. Panel Hearing Procedures
The Dean of Student (or designee) will appoint one panelist as the Chair for the hearing. The parties have the right to be present at the hearing; however, they do not have the right to be present during deliberations. If a student cannot attend the hearing, it is that student's responsibility to notify the Dean of Student (or designee) no less than three (3) days prior to the scheduled hearing to arrange for another date, time and location. Except in cases of grave or unforeseen circumstances, if the responding student fails to give the requisite minimum three (3) day notice, or if the responding student fails to appear, the hearing will proceed as scheduled. If the party bringing the complaint fails to appear, the complaint may be dropped unless the University chooses to pursue the allegation on its own behalf, as determined by the Dean of Student (or designee).
The Manager of Student Conduct (or designee), the Chair and the Panel will conduct panel hearings according to the following guidelines:
- Hearings will be closed to the public.
- No one will be admitted to the hearing of persons other than the parties involved.
- In hearings involving more than one responding student, the standard procedure will be to hear the complaints jointly; however, the Dean of Students (or his/her designee) may permit the hearing pertinent to each responding student to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each responding student.
- The parties have the right to an advisor/advocate of their own choosing. Typically advisors are members of the campus community, but the parties may select whomever they wish to serve as their advisor. The advisor may not make a presentation or represent the party bringing the complaint or responding student during the hearing. They may confer quietly with their advisee, exchange notes, clarify procedural questions with the chair and suggest questions to their advisee.
- The party bringing the complaint, the responding student, the panel, and the Manager of Student Conduct (or designee) will have the privilege of questioning all present witnesses and questioning all present parties (directly or through the Chair, at the discretion of the Chair). Unduly repetitive witnesses can be limited at the discretion of the panel Chair.
- Pertinent records, exhibits, and written statements may be accepted as information for consideration by the panel and. Formal rules of evidence is not observed. The panel Chair and/or the Manager of Student Conduct, or designee may limit the number of character witnesses presented or may accept written affidavits of character instead.
- All procedural questions are subject to the final decision of the panel Chair.
- After a panel hearing, the panel will deliberate and determine, by majority vote, whether it is more likely than not that the responding student has violated the Code of Student Conduct. The Manager of Student Conduct (or designee) will be present and available as a resource during all deliberations. Once a finding is determined, if the finding is that of a policy violation, the panel will determine an appropriate sanction(s). The Manager of Student Conduct (or designee) is responsible for informing the panel of applicable precedent and any previous conduct violations or other relevant pattern information about the responding student. The panel Chairperson will prepare a written deliberation report and deliver it to the Manager of Student Conduct, detailing the recommended finding, how each member voted, the information cited by the panel in support of its recommendation, and any information the panel excluded from its consideration and why. This report should conclude with any recommended sanctions. This report should not exceed two pages in length and must be submitted to the Manager of Student Conduct within two (2) days of the end of deliberations.
- The Manager of Student Conduct will consider the recommendations of the panel, and discuss them with the Dean of Students (or designee). They may make appropriate modifications to the panel's report and will then render a decision and inform the responding student and party bringing the complaint (if applicable by law or University policy) of the final determination within 2 business days of the hearing. Notification will be made in writing and may be delivered by one or more of the following methods: in person by the Manager of Student Conduct; mailed to the local or permanent address of the student as indicated in official University records; or emailed to the student's University-issued email account. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered. In cases of sexual misconduct and other crimes of violence, notice of the outcome will be delivered to all parties simultaneously, meaning without substantial delay between the notifications to each.
- There will be a single verbatim record, such as an audio recording, for all panel hearings. Deliberations will not be recorded. The record will be the property of the University and maintained according to the University's record retention policy.
L. Conduct Sanctions
One or more of following sanctions may be imposed upon any student for any single violation of the Code of Student Conduct:
- Warning: An official written notice that the student has violated University policies and/or rules and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at the University.
- Restitution: Compensation for damage caused to the University or any person's property. This could also include situations such as failure to return a reserved space to proper condition – labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
- Fines: Reasonable fines may be imposed.
- Community/University Service Requirements: For a student or organization to complete a specific supervised University service.
- Loss of Privileges: The student will be denied specified privileges for a designated period of time.
- Confiscation of Prohibited Property: Items whose presence is in violation of University policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of the Director of Housing and Residence Life, the Dean of Students and/or Public Safety
- Behavioral Requirement: This includes required activities including, but not limited to, seeking academic counseling or substance abuse screening, writing a letter of apology, etc.
- Educational Program: Requirement to attend, present and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Audience may be restricted.
- Restriction of Visitation Privileges: May be imposed on a resident or non-resident student. The parameters of the restriction will be specified.
- University Housing Probation: Official notice that, should further violations of Housing & Residence Life or University policies occur during a specified probationary period, the student may immediately be removed from University housing. Regular probationary meetings may also be imposed.
- University Housing Reassignment: Reassignment to another University housing facility. Housing & Residence Life personnel will decide on the reassignment details.
- University Housing Suspension: Removal from University housing for a specified period of time after which the student is eligible to return. Conditions for re-admission to University housing may be specified. Under this sanction, a student is required to vacate University housing within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Director of Housing and Residence Life. This sanction may be enforced with a trespass action if deemed necessary. Prior to reapplication for University housing, the student must gain permission from the Director of Housing and Residence Life (or designee). This sanction may include restrictions on visitation to specified buildings or all College/University housing during the suspension.
- University Housing Expulsion: The student's privilege to live in, or visit, any University housing structure is revoked indefinitely. This sanction may be enforced with a trespass action if deemed necessary.
- University Probation: The student is put on official notice that, should further violations of University policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed. Students may not represent the University at any official function or event, participate in intercollegiate competition as a player, manager or student coach, etc., participate in study abroad and/or hold office in any student group or organization during the period of probation.
- University Suspension: Separation from the University for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Dean of Students. During the suspension period, the student is banned from university property, functions, events and activities without prior written approval from the Den of Students. This sanction may be enforced with a trespass action as necessary.
- University Expulsion: Permanent separation from the University. The student is banned from university property and the student's presence at any University-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary.
- Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the Dean of Students or designee.
The following sanctions may be imposed upon groups or organizations found to have violated the Code of Student Conduct:
- One or more of the sanctions listed above, specifically a) through i) and o) through q); and/or
- Deactivation, de-recognition, loss of all privileges (including status as a University registered group/organization), for a specified period of time.
M. Parental Notification
The University reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or other drug violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.
N. Notification of Outcomes
The outcome of a campus hearing 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. 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 alleged victim/party bringing the complaint in writing of the final results of a hearing regardless of whether the University concludes that a violation was committed. Such release of information may only include the alleged student's/responding student's name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, only, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding and sanction(s).
In cases where the University determines, through the student conduct process, that a student violated a policy that would constitute a "crime of violence" or non-forcible sex offense, the University may also release the above information publicly and/or to any third party. FERPA defines "crimes of violence" to include:
- Assault offenses (includes stalking)
- Criminal Homicide—manslaughter by negligence
- Criminal Homicide—murder and non-negligent manslaughter
- Destruction/damage/vandalism of property
- Forcible sex offences
- Non-forcible sex offences
O. Failure to Complete Conduct Sanctions
All students, as members of the University community, are expected to comply with conduct sanctions within the timeframe specified by the Dean of Student, Manager of Student Conduct or Administrative Hearing Officer. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions and/or suspension from the University. In such situations, resident students will be required to vacate University housing within 24 hours of notification by the Dean of Students (or designee), though this deadline may be extended upon application to, and at the discretion of, the Dean of Students and/or the Director of Housing and Residence Life. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the Dean of Students (or designee).
P. Appeal Review Procedures
Any party may request an appeal of the decision of the Panel/Administrative Conference by filing a written request to the Dean of Students, subject to the procedures outlined below. All sanctions imposed by the original hearing body remain in effect, and all parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.
Appeal requests of the results of an Administrative Conference will only be heard if the sanction includes removal from University housing and/or University suspension and/or University expulsion.
All appeal requests, be they from an Administrative Hearing (if they meet the requirements listed above) or from a Conduct Panel are limited to the following grounds:
- A procedural occurred that significantly impacted the outcome of the hearing;
- To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. (Failure to provide information during or participate in an investigation or a hearing, even resulting from concern over pending criminal or civil proceedings, does not make evidence "unavailable" at the time of the hearing). A summary of this new evidence and its potential impact must be included (the Dean of Students may consult with the Chair of the original panel to inquire as to whether the new evidence would, in the opinion of the Chair, have substantially impacted the original finding or sanction(s);
- The sanctions imposed are substantially disproportionate to the severity of the violation.
Appeals must be filed in writing with the Dean of Students (or his/her designee) within three business days of the notice of the outcome to the hearing, barring exigent circumstances. Any exceptions are made at the discretion of the Dean of Students.
The appeal by one party will be shared with the other party (parties) when appropriate under procedure or law (e.g., if the responding student submits an appeal, the appeal is shared with the complainant, who may also wish to file a response, request an appeal on the same grounds or different grounds).
The Dean of Students (or designee) will conduct a review to determine if the appeal request meets the limited grounds and is timely. The Dean may consult with the Chair of the hearing panel and/or Administrative Hearing Officer on any procedural or substantive questions that arise.
If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final.
If the appeal meets the threshold, it will then be assigned to an Appeals Officer within 3-5 working days. Appeals are reviewed at one of two levels as follows:
- The Vice President for Student Affairs or his designee will consider appeals for cases heard before the Student Conduct Panel, including all sexual misconduct cases.
- All other hearing appeals will be assigned by the Office of the Dean of Student to an Appeal Officer.
- The Office of the Dean of Students will forward the appeal along with the student file to the appropriate Appeal Officer. The student will be e-mailed with the contact information of the Appeal Officer and be directed to set up an appointment to discuss the appeal.
- The Appeal Officer may decide the appeal or may remand the matter for a full or limited hearing to the original Conduct Body (Administrative Hearing Office or Student conduct Panel) for further proceedings in the following circumstances:
- If it can be demonstrated that new evidence sufficient to alter a decision was unavailable or could not have been known to a party at the time of the original hearing; or,
- If, in the discretion of the University official reviewing the appeal, a remand is necessary in the interest of fairness.
- An Appeals Officer can amend violation and sanctions at their discretion based on the appeal request and information provided in the student's file.
- A Complainant may appeal under the same terms and conditions as a Respondent in those instances when the University, in compliance with state and federal law, may disclose the outcome of a conduct proceeding to the Complainant.
- All appeal decisions are final.
The presumptive stance of the University is that all decisions made and sanctions imposed by the original decision-maker are to be implemented during the appellate process. At the discretion of the Dean of Students, and in consultation with the Title IX Coordinator when necessary, implementation of sanctions may be stayed pending review only in extremely exigent circumstances. This does not include proximity to graduation, end of term, or exams. Instead, it refers to an overwhelming likelihood, as determined by the Appeals Officer and Dean of Students, in consultation, that the appeal would result in a reversal of the finding and/or substantial modification of the sanctions. However, each matter shall be considered on a case-by-case basis, taking into account, among other things, the health and safety of individual community members or the community as a whole.
All decisions of appeals are to be made within five working (5) days of submission to the Dean of Students (or designee) and are final.
Other Guidelines for Appeals
- All parties will be timely informed no more than 5 business days after the receipt of appeal of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
- Appeals are not intended to be full re-hearings of the complaint. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal; Witnesses may be called if necessary.
- Appeals are not an opportunity for administrator answering appeal to substitute their judgment for that of the original decision-maker merely because they disagree with the finding and/or sanctions. Appeals decisions are to be deferential to the original decision-maker, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so.
Q. Disciplinary Records