Community Standards and Student Conduct

Section IX Non-Academic Violations Process

Code of Student Conduct

  1. 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 complaint will be reviewed to determine if there is enough information present to proceed with the process. If, based on the review, there is not sufficient information to substantiate the complaint, the complaint will be dismissed.
       
  2. 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 responding party (or organization’s representative) 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 calendar 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 with a conduct officer or hearing panel may be given. Furthermore, the student has the ability to waive their 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 and organizations may call others to a conference to provide information on their behalf. If the student or a representative of a student organization 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 their 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. If the student denies that a violation took place, the conduct officer, based upon 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 responding party or orgainization's representative. After 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 request a hearing, or alternatively, waive their right to a hearing and ask the Director or designee to adjudicate the case adjudicate the case based upon the information already available. The Director or designee has the right to refer any case and all materials to the appropriate 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 matter should move to 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.
       
    4. In the event that the student requests a hearing, the Director or designee will schedule a hearing with the appropriate panel. In most cases, the student shall be entitled to receive written notice of the 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 with a conduct officer or hearing panel may be given. Furthermore, the student has the ability to waive their 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 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 non-appearance fine will be imposed, and the Director or designee may case adjudicate a case 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 non-compliance fine will be imposed, a hold will be placed upon the student’s University record and the student 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 conduct sanction(s), a $35 non-compliance fine will be imposed, the organization shall lose its recognition until all sanctions are complete and may face additional disciplinary action.
       
    5. Hearings and conduct conferences will be conducted in a fair and reasonable manner. Legal rules regarding evidence and procedure shall not apply. However, personnel involved in the hearing should limit their attention to evidence and information that is relevant. The University may amend or modify the procedures in the Code when the particular facts and circumstances are such that a modified procedure would help ensure a fair and effective process.
       
      1. Hearings and conferences will be conducted in private. At the request of the request of the responding party, along with the agreement of any other student participants and subject to the discretion of the conduct officer or chairperson of the hearing panel, the proceedings may be open to the public.
         
      2. Admission of any person (other than a student who is a responding party or complaining party where allowed) to the hearing will be at the discretion of the conduct officer or hearing body chair. In hearings involving more than one responding party student, the conduct officer, at their discretion, will determine if hearings or conferences concerning each student will be conducted jointly or separately.
         
      3. Any student involved in the conduct process has the right to consult an advisor of their choice. Advisors are not permitted to speak or to participate directly in any hearing, conference, or appeal.
         
      4. The reporting party, the accused, and the conduct officer or conduct bodies have the opportunity to question witnesses. Any witness who is questioned by one party may be questioned by other parties. The reporting party and respoding party will direct their questions to the conduct officer or chair of the conduct body.
         
      5. Pertinent records, exhibits, and written statements may be accepted as information for consideration.
         
      6. While other means may be used, email is the official method of notice for the Office of Community Standards and Student Conduct.  In hearings and/or conferences it shall be presumed that the notice of a hearing/conference has been received if the notice is furnished in any of the following ways: An email sent to the student's Wright State email address, notice 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, or delivery to the student’s campus residence by a staff member.
         
      7. 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 of interpretation of University policy which may arise during a conference or hearing will be subject to the final decision of the Director or designee.
         
      8. At the conclusion of a conference or hearing, the conduct officer or hearing panel will determine by a preponderance of evidence whether the student has violated each section of the Code of Student Conduct for which the student was given notice. Decisions of any hearing panel will be determined by a majority vote.
         
      9. If it is determined that a student has violated the Code, the conduct officer or discipline body will proceed to determine the appropriate sanction. In doing so, the student’s past disciplinary history will be considered.
         
      10. 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 alleged violations shall be presented and considered.
         
      11. A single record, such as a 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 in accordance with University records retention policies. Students are not permitted to record any conference, hearing or disciplinary meeting without the consent of the presiding conduct officer or hearing chair.
         
      12. 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.
         
      13. The responding party in any conduct hearing shall not be required to make any statement or give any testimony.