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Code of Community Conduct

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XI. Applicable Rights and Procedures

  1. Making a Complaint. University community members, law enforcement agencies or members of the public can report possible University rule violations by making a written complaint to the Office of Student Judicial Affairs. It is within the discretion of the University to proceed or not proceed upon such written complaints.

  2. Conduct Intervention and Informal Action. For incidents where the sanction for violating a regulation will not exceed disciplinary probation, but not including proceedings under the Sexual Misconduct Policy,  an initial conference is not required. The hearing officer may proceed under Section 11.B.1 or 11.B.2.

    1. Conduct Intervention (Non-Judicial.) The hearing officer will send written notice of an incident report to the student(s), scheduling a meeting.  At the meeting, the hearing officer will:

      1. explain the purpose of the conduct intervention meeting;

      2. discuss the incident report;

      3. listen to the student’s or students’ explanation of what occurred and why;

      4. discuss community behavioral expectations and conflict resolution techniques;

      5. discuss the consequences of the student judicial process (informal action or formal action); and

      6. develop an action plan to avoid recurring behavioral issues, and make any referrals as deemed appropriate.

      2. No sanctions can be imposed other than a verbal warning and there is no right to an appeal. The hearing officer has the discretion to change from handling the incident as a conduct intervention to informal (11.B.2) or formal (ll.C.) action, based on the information developed in the conduct intervention meeting or if a student fails to appear for the conduct intervention meeting.

    2. Informal Action. The hearing officer will send a written notice of the charges imposed and designated sanction and special condition(s), with the option for the student to (a) accept responsibility with a designated sanction and special condition(s), or (b) request formal action under Section 11.C of this Code. The student’s written response must be returned to the hearing officer within five (5) business days. If the response is not returned within the designated time period, the student waives his/her right to formal action and the sanction and special conditions are imposed without right to appeal. If the student requests formal action, then an initial conference will be scheduled and the case will proceed with the procedures under Section 11.C., “Formal Action.”

  3. Formal Action. Respondents shall receive written notice of the charge(s) imposed, the range of sanction related to the charge(s) and the date, time and location of the Initial Conference.   If the Respondent fails to appear at the initial conference, the hearing officer may consider all charges true and accurate and take appropriate administrative action .

    1. Initial Conference.  At the initial conference, the Respondent will meet with a hearing officer.  The charges, sanctions and rights of the respondent will be explained, and the Respondent will be asked if he/she is responsible or not responsible for the charge(s).  At that time, the Respondent may elect one of the following courses of action:

      1. To take responsibility for violating one or more University rules.  The case may then be immediately heard by the hearing officer in an administrative hearing, who will take appropriate action.  If the Respondent wishes to demonstrate mitigating circumstances by producing relevant witnesses or evidence, a postponement of the hearing may be requested for a reasonable time.

      2. To elect to not appear at the administrative hearing, at which time a decision by the hearing officer shall be made based upon the information available at the hearing. Appropriate administrative action shall be taken by the hearing officer.

      3. To deny responsibility for the violation(s), in which case, the hearing officer shall assign the case to one of the following courses of action based upon the Respondent’s choice of hearing:

        1. To hold an immediate administrative hearing with the hearing officer or postpone the administrative hearing in order to allow the Respondent to prepare a defense or to arrange for the Complainant to appear.

        2. To refer the administrative hearing to another hearing officer.

        3. To refer the administrative hearing to a hearing board if any conduct charges carry a possible sanction of suspension or expulsion. If, however, the hearing board cannot convene, the Dean of Students or designee will arrange a hearing by a hearing officer.

    2. Notwithstanding any of the above, if in the reasonable judgment of the hearing officer additional information would be helpful to his or her decision, the administrative hearing can be adjourned and completed at a later date.

  4. Hearings

    1. Administrative Hearings and Hearing Boards

      1. Administrative hearings.  Administrative hearings are conducted by one or more hearing officers designated by the Dean of Students or designee.

      2. University Judiciary Committee hearings. The University Judiciary Committee members are appointed in accordance with procedures established by the Dean of Students.   The UJC hearing board will be chaired by a hearing officer.  No case shall be heard unless a full panel of three student members and two faculty members is present.

      3. Academic Integrity Committee hearings.  The Academic Integrity Committee members are appointed in accordance with procedures established by the University Senate.  No case shall be heard unless a full panel of one student member, one faculty member and one student affairs professional member is present.

    2. Procedures and Rights of Participants

      1. Hearings are closed to the public.  At the discretion of the hearing officer, a student member of the Academic Integrity Committee or University Judiciary Committee, or administrator, may attend an administrative hearing for the purpose of assisting the hearing officer in managing the hearing, but shall not otherwise participate in the hearing.

      2. Where a sanction of suspension or expulsion can be imposed, hearings shall be taped by the hearing officer or chair of the hearing board.

      3. The hearing officer or chair of the hearing board shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing.  Any person, including the Respondent, who disrupts a hearing may be excluded by the hearing officer or chair of the hearing board.

      4. During the  hearing, the Complainant and Respondent may present an explanation of the facts and circumstances relating to the incident, present relevant witnesses (other than character witnesses) and/or written information, ask questions of any witness or hearing officer, and reserve the right to not respond to questions.  The hearing officer or hearing board may determine that witnesses or evidence is not relevant to the charge(s).  The matter will be determined on the basis of the evidence available to the hearing board or officer at the hearing.

      5. The Respondent may be accompanied by an "advisor" who is a member of the University community and whose purpose is to advise the student on the presentation of information at the hearing. The advisor may not address the hearing officer or hearing board, question any person providing testimony or respond for the Respondent. The advisor may advise the Respondent directly in the hearing. Neither Respondent nor Complainant may be represented by an attorneycounsel at an Initial Conference, Administrative Hearing or Hearing Board. If there are pending criminal charges against the respondent, the respondent may have an attorney present in the hearing to advise him/her, but the attorney may not take part directly in the administrative proceedings.

      6. No disciplinary action shall be taken unless it is established by a preponderance of the evidence upon the record considered as a whole that the Respondent is responsible for the charge(s).   Formal rules of evidence shall not be applicable in disciplinary hearings. Information which reasonable persons would accept as having probative value in the conduct of their affairs is admissible.

      7. Written notice of the disciplinary decision will be sent to the Respondent within seven (7) business days of the hearing. This time may be extended if necessary in the reasonable judgment of the hearing board chair or hearing officer.

      8. The Respondent may appeal the decision of the hearing officer or hearing board.

  5. Appeals

    1. Respondents may appeal decisions of a hearing board or hearing officer.  Instructions for initiating an appeal will be provided in every disciplinary decision letter.  In cases brought under the sexual misconduct policy, complainants may also appeal under these procedures.

    2. The basis for an appeal is limited to questions of fact, questions of procedure and severity of sanction.

        3. a. Question of Fact— Appellants may appeal on “questions of fact” by introducing new evidence that would significantly affect the outcome of the case. Evidence introduced that was not known or could not be reasonably known at the time of the hearing by the Appellant shall be considered new evidence. Evidence that was withheld by an Appellant shall not constitute a question of fact and will not be considered upon appeal.

        b. Question of Procedure—Appeals will be considered on the basis of “questions of procedure” by demonstrating that the procedural guidelines established in this document were breached, and that such departure from established procedure significantly affected the outcome of the case.

        c. Severity of Sanction— Appellants may appeal the “severity of sanction” that has been imposed by presenting a statement that explains why they believe the sanction should be reconsidered.

    3. Appeals must be in writing and submitted within five (5) business days to the appropriate appeal officer as stated in the disciplinary decision letter. Appeals of decisions made by Student Judicial Affairs and designees will be resolved by the Dean of Students or designee, except as described in Paragraph 3.

    4. In appeals of disciplinary decisions made by Student Judicial Affairs with sanctions of suspension or expulsion, and all cases under the Sexual Misconduct policy, an Appellate  Hearing Panel will  be appointed to review the appeal.  The Appellate Hearing Panel consists of one student affairs professional, one member of the faculty or dean, and one student.   The Appellate Hearing Panel will review the record and render a decision on the appeal.   The Dean of Students or designee will notify the appellant in writing of the decision of the Appellate Hearing Panel within five (5) business days of the appellate decision.  This action shall be final and is not subject to further appeal.


    5. Respondents who have been sanctioned with suspension or expulsion may request a written transcription of the taped hearing for their review prior to submitting an appeal letter. If other students have testified in the hearing, their written permission to release their statements will be obtained by the hearing officer or hearing board chair, or their statements will be redacted.

    6. The imposition of sanctions will be deferred while an appeal is pending unless, in the discretion of Dean of Students or designee, the Interim Action provisions are invoked or for other good cause.

    7. The imposition of sanctions will be deferred while an appeal is pending unless, in the discretion of Dean of Students or designee, the Interim Action provisions are invoked or for other good cause.

    8. The Dean of Students or designee may (a) deny the appeal; (b) remand  the case to the original  hearing officer or hearing board; (c)  reduce the sanctions and/or (d) dismiss the original charges.  In cases involving more than one charge, an appeal decision may include more than one of the options in (a) through (d).

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