Reports of prohibited behavior will be charged using the Prohibited Conduct standards in effect at the time a situation occurred. The most current procedures will be used to investigate and resolve or adjudicate alleged violations of the Code. Students who have a pending disciplinary case or incomplete sanction(s) may not be eligible to register for classes, or to graduate until the case has been resolved or the sanction(s) has been completed. Alleged academic violations will be adjudicated using the guidelines and procedures of the appropriate college (College of Liberal Arts, Atkinson Graduate School of Managements, or the College of Law).
A. Filing an Incident Report
- Any person may file an Incident Report against a student or organization alleging violation(s) of this Code. Reports may be directed to the conduct administrator or submitted via an on-line incident report form.
- Incident Reports should be submitted as soon as possible after the event takes place, preferably during the semester in which the event took place.
- The conduct administrator may conduct an investigation to determine if the incident report has merit. The conduct administrator reserves the right to reject an incident report without further qualification.
- The conduct administrator will conduct a preliminary review of the incident report to determine whether the alleged misconduct may result in suspension or dismissal from the university. Respondents not subject to suspension or dismissal are entitled to an informal conduct meeting with the conduct administrator. Respondents subject to suspension or dismissal are entitled to an administrative hearing before a hearing panel.
B. Informal Resolution - Conduct Meeting Procedures
Respondents not subject to suspension or dismissal are entitled to a conduct meeting with a conduct administrator(s) for resolution of one or more alleged violations of the Code. A student is considered not responsible for any alleged violation of the Code unless found responsible by a preponderance of the evidence.
- The respondent will receive, via electronic mail, written notice of the complaint at least one (1) day prior to the conduct meeting. The notice will include information about the section of the Code that was allegedly violated, specific information regarding behavior that allegedly caused the violation including date and location of the incident.
- The respondent will receive information about the conduct meeting process and student rights.
- The respondent will have the opportunity to review and discuss the incident report with the conduct administrator.
- Fact-finding will take place through discussion with the respondent and review of in the report.
- A determination will be made if the respondent is responsible or not responsible for engaging in prohibited conduct.
- If the student is found responsible, a sanction(s) will be imposed.
- A final determination of sanctions will be provided in writing to the student through email.
- A student may request an appeal as part of the informal resolution – conduct meeting as defined in Section G. of this Code.
C. Formal Resolution – Administrative Hearing
Respondents subject to suspension or dismissal are entitled to an administrative hearing before an administrative hearing panel. The administrative hearing panel shall be composed of five members to include representatives from at least one faculty, staff, and student. In extenuating circumstances, the VPSA may waive the administrative hearing panel and designate an individual to adjudicate an administrative hearing. The conduct administrator is responsible for coordinating administrative hearings.
D. Formal Resolution - Administrative Hearing Procedures
Students subject to suspension or dismissal are considered not responsible for any alleged violation of the Code unless found responsible by a preponderance of the evidence.
- The respondent will receive written notice of the hearing date at least three (3) days prior to the hearing. The claimant in cases classified as involving violent crime or sexual misconduct will be notified of and afforded the opportunity to participate in the investigation and administrative hearing process. Procedures for investigations and hearings involving alleged sexual misconduct are located in the Sexual Misconduct Policy and Resolution Procedures for Students.
- If a respondent fails to keep a scheduled meeting with the conduct administrator, a hold may be placed on the student’s registration account and a decision regarding appropriate charges, responsibility and sanctions may still be made.
- Within two days of receiving an administrative hearing notice, a respondent may request a member(s) of the hearing panel be removed/recused on the grounds of a conflict of interest that might affect impartial consideration of the incident report. Request for removal/recusal shall be made in writing to firstname.lastname@example.org and must include the respondent’s specific cause(s) for concern regarding impartiality of a conduct administrator(s) assigned to the hearing panel.
- Determination regarding removal/recusal shall be made by the conduct administrator.
- On a date specified by the conduct administrator, the respondent will submit via email@example.com a list of witnesses, a summary of the information each witness is expected to provide and any document(s) the respondent expects to present at the hearing. The conduct administrator will make copies of this information available for review by the respondent and the administrative hearing panel members prior to the hearing. For cases involving prehearing investigations, the investigative report and new information not available at the time of the investigation will be considered in the hearing. Information withheld by a respondent will not be considered new information.
- The respondent may be assisted by one advisor of their choosing and at their expense. An advisor is not permitted to speak or participate in a hearing. Hearings will not be scheduled around the availability of an advisor. An advisor may not appear in lieu of the respondent; however, an advisor may consult with the respondent during a hearing and may assist with preparation for the hearing. An attorney can be used as an advisor but is subject to the aforementioned stipulations. Should an advisor not be able to attend the hearing date, the hearing will still proceed. Because an advisor may be present throughout the hearing, and thereby become aware of new information, an advisor may not testify as a witness during a hearing.
- If a respondent fails to appear for a hearing, the hearing will proceed without the respondent’s presence.
- A respondent may request alternative accommodations in lieu of being physically present at the hearing.
- Any person disrupting a hearing or who fails to abide by the direction of the panel members may be removed or excluded from the hearing.
- Violations will be determined on the basis of whether it is “more likely than not” that the respondent violated the Code.
- The panel members shall determine what information the hearing panel will consider. Information will be considered if it directly relates to the facts of the incident report or appropriateness of a particular sanction. Formal rules of evidence shall not apply.
- Respondents may speak on their own behalf; however, they will not be forced to speak against themselves and their silence shall not be used to their detriment.
- The respondent’s prior conduct record shall be considered only if a determination of “responsibility” is made and only for consideration of appropriate sanctioning.
- Determinations by the hearing panel shall be made by majority.
- The hearing will be recorded and the recording will remain the property of the university. It will be maintained by the university until the appeal deadline has passed or until an appeal process has come to conclusion.