OFFICE OF COMMUNITY STANDARDS AND STUDENT CONDUCT

Code of Conduct

Section VIII - Non Academic Violations Process

A. Violation Notification and Hearings

1. Any person may file a complaint against a student or organization for misconduct. The complaint must be prepared in writing, signed, and directed to the Office of Community Standards and Student Conduct. All complaints should be submitted as soon as possible after the event takes place.
2. Upon receipt of a complaint, the conduct officer will review the report to determine if a possible violation may have occurred and what type of violation (A or B) it may be. If, based on the review, there is not sufficient evidence to substantiate the complaint, the complaint will be dismissed.

B. Conference and Hearing Processes

1. In cases where the complaint suggests that a category "A" violation may have occurred, a conduct officer will schedule a meeting with the student or organization's president to obtain additional information about the incident. Upon discussing the situation with those involved and reviewing all information available, the conduct officer will either provide the student with a notice of alleged violation or dismiss the case. If issued, all alleged violations will be presented to the accused student in written form and a conduct conference scheduled. In most cases, the student shall be entitled to receive written notice of a conference at least three days in advance. However if the incident involves alleged behavior that causes concern for the safety and/or security of the campus community, verbal or written notice to meet immediately eith a conduct officer or hearing panel may be given. Furthermore, the student has the ability to waive his/her right to advanced notice if a meeting can be scheduled earlier at a mutually agreeable time. Minimum and maximum time limits for scheduling conferences may be reduced or extended at the discretion of the conduct officer.

Students may call others to a conference to provide information on their behalf. If the student fails to attend the initial meeting with the conduct officer, a determination as to whether to proceed or dismiss the complaint will be made in the student's absence. In the event that the conduct officer determines there is enough information to proceed with the disciplinary process, notice of the alleged violation(s) and the time, date, and location of the conduct conference will be given to the student.

2. If the student, during the investigation or conduct conference, admits responsibility for violation(s), the conduct officer will determine an appropriate sanction and the incident shall be considered resolved. In the event that the student denies that a violation took place, the conduct officer, based on a preponderance of the evidence, will either dismiss the case, or hold the student responsible and assign an appropriate sanction(s).
3. In cases where the complaint suggests that a category "B" violation may have occurred, the case will be processed by the director or designee. The director or designee will investigate the incident and schedule a meeting with the accused student. Upon discussing the situation with the student and reviewing all relevant information, the director or designee will either provide the student with a notice of alleged violation or dismiss the case. If issued, all violations will be presented to the accused student in written form. Once notified, the student may choose to waive his/her right to a hearing, and agree that the director or designee adjudicates the case or may request a hearing. (The director or designee has the right to refer any case and all materials to the Conduct Review Panel to be resolved.)

If the student fails to attend the initial meeting with the director or designee, a determination as to whether to proceed or dismiss the complaint will be made in the student's absence. In the event that the director or designee determines there is enough information to proceed with the disciplinary process, the director or designee will determine if the student shall participate in a conduct conference or hearing. Notice of the alleged violation(s) and the time, date, and location of the conduct conference or hearing will be provided to the student.

In the event that the student requests a hearing, the director or designee will schedule a Conduct Review Panel (CRP) hearing. In most cases, the student shall be entitled to receive written notice of a CRP hearing at least three days in advance. However if the incident involves alleged behavior that causes concern for the safety and/or security of the campus community, verbal or written notice to meet immediately eith a conduct officer or hearing panel may be given. Furthermore, the student has the ability to waive his/her right to advanced notice if a meeting can be scheduled earlier at a mutually agreeable time. Minimum and maximum time limits for scheduling conferences may be reduced or extended at the discretion of the conduct officer.

When a student or organization is directed to participate in a hearing or conduct conference, a date and time will be set as soon as possible. Minimum and maximum time limits for scheduling of conferences or hearings may be reduced or extended at the discretion of the director or designee. If a charged student or organization fails to respond to directions from a conduct officer, the director or designee or hearing panel relative to participating in an investigation, conference, or hearing, a $35 nonappearance fine will be imposed, and the case adjudicated without the involvement of the student. Furthermore, no student may be eligible to graduate, receive grades, or have transcripts released until all pending conduct matter(s) are resolved.

If a student is found responsible for violating the Code of Student Conduct and fails to respond to directions from the conduct officer, director or designee, or hearing panel relative to completing a conduct sanction(s), a $35 noncompliance fine will be imposed, a hold will be placed upon the student's University record and he or she may face additional disciplinary action.

If an organization is found responsible for violating the Code of Student Conduct and fails to respond to directions from the conduct officer, director or designee, or hearing panel relative to completing a discipline sanction(s), a $35 noncompliance fine will be imposed, the organization shall lose its recognition until all sanctions are complete and may face additional disciplinary action.

4. Hearings and conduct conferences will be conducted in a fair and reasonable manner and will not be restricted unduly by rules of evidence and procedure.
a. Hearings and conferences will normally be conducted in private. At the request of the accused student, along with the agreement of any other student participants and subject to the discretion of the conduct officer or chairperson of the conduct body, the hearing may be open.
b. Admission of any person to the hearing will be at the discretion of the conduct officer or hearing body chair. In hearings involving more than one accused student, the conduct officer, at his or her discretion, will determine if hearings or conferences concerning each student will be conducted jointly or separately.
c. The accused student has the right to consult an advisor of his/her choice before, during, and after any conference, hearing, or appeal. Advisors are not permitted to speak or to participate directly in any hearing, conference, or appeal.
d. The complainant, the accused and the conduct officer or conduct bodies have the privilege of presenting witnesses, subject to the right of questioning by all parties.
e. Pertinent records, exhibits, and written statements may be accepted as information for consideration.
f. In hearings and/or conferences involving nonresidential students, it shall be presumed that the notice of a hearing/conference has been received if the notice is furnished in one of the following ways: Notice is sent by regular, registered or electronic mail to the local address provided by the student to the Office of Community Standards and Student Conduct or that is on record in the Registrar's Office.
g. In hearings/conferences involving residential students, it shall be presumed that the notice of a hearing and/or conference has been received if the notice is furnished in one of the following ways: Notice is delivered in person, placed in their student mailbox, signed for by a roommate, or delivered underneath the entrance door to their residence. Notice may also be sent by regular, registered, or electronic mail to the address provided by the student to the Office of Community Standards and Student Conduct or that is on record in the Registrar's Office.
h. All questions regarding the interpretation of a procedure pertaining to a conference or hearing are subject to the final decision of the conduct officer or chair. Questions which may arise during a conference or hearing pertaining to university policy will be subject to the final decision of the director or designee.
i. At the conclusion of a conference or hearing, the conduct officer or hearing panel will determine whether the student has violated each section of the Code of Student Conduct for which the student is charged. Decisions of any hearing panel will be determined by a majority vote. All decisions shall be made on the basis of a preponderance of the evidence.
j. If it is determined that a student has violated the Code, the conduct officer or discipline body must determine the appropriate sanction. In doing so, the student's past discipline history will be considered.
k. No student may be found to have violated the Code solely because the student failed to appear before a conduct body. In all cases, the information in support of the charges shall be presented and considered.
l. A single record, such as a tape recording or written record of all Conferences or Hearings may be created by the Office of Community Standards and Student Conduct. The record shall be the property of the University and will be maintained until the conclusion of all appeal proceedings, or until the appellate term has surpassed. Students are not permitted to record any conference, hearing or disciplinary meeting without the consent of the presiding Conduct Officer or Hearing Chair.
m. The director or designee is the liaison to students who have been placed on probation or separated from the University and is responsible for informing the student of the procedure for reinstatement. The director or designee has the authority to place holds on registration and transcripts of students as a result of disciplinary action

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