Student Guide to University Policies
Guide Home Guide Index Contact Us UD Home


II.  Student Conduct Process

  1. Statement of Policy
  2. The University affords its students the right to pursue their studies and be rewarded according to their own achievements, to seek redress from actions of those who interfere with those rights, to be informed of prohibited acts or behavior, to be accorded due process if charged with a violation of the Code of Conduct or any other University policy, and to be advised of their rights at all stages of a University disciplinary proceeding.

    The undergraduate student conduct process was established in 1975 and the graduate student conduct process in 1981. These systems are the means by which violations of the Code of Conduct are adjudicated.

    The undergraduate and graduate student conduct processes provide students charged with potential violations of University policy with an opportunity to learn of the charge(s), to be presented with information, and to offer a response before an impartial party. However, there are significant differences between the rights in the student conduct process and the rights offered to those accused of crimes by local, state, or federal authorities. Specifically, charged studentsí rights in the student conduct process do not include the right to be defended by an attorney at an administrative hearing; the right to rely on rules of evidence under state or federal law; or the right to know the identity of those giving information to support the charge(s).

    The primary goal of both the undergraduate and graduate student conduct processes is to examine information, verify facts and determine the truth, and the administrative hearing officer, graduate hearing board, appellate board or appellate officer may consider all information presented during the process, including things that might not be permitted in a criminal trial or other legal proceeding. Rules of evidence do not apply, and information that would constitute hearsay in the legal system may be considered, with the credibility of such information to be determined by those considering this information.

    Based on the differences between the student conduct process and criminal or other systems, outcomes may differ, and an outcome reached through the student conduct process will not dictate the outcome in any other system nor shall an outcome through other systems dictate an outcome in the student conduct process.

    Back to Top of Document

  3. Jurisdiction Over Persons and Places
    1. Subject to the expanded jurisdictional limits described below, the student conduct processs may act on any alleged violation of the Code of Conduct or any other University policy or regulation, whether committed on campus, a street adjacent to campus, or in the greater community, by:
      1. A student, if the alleged violation occurred in the current term, the previous two terms or any break periods between the conclusion of one term and start of the next term;
      2. A student organization;
      3. A student who is serving a period of suspension from the University;
      4. a student who was withdrawn from the University through the Withdrawal When Certain Charges are Pending process; or
      5. A student enrolled in the English Language Institute or any other program at the University that does not require admission to the University or traditional class registration. Disciplinary procedures established within such programs and specifically tailored for the needs of that student population may be used in concert with or as an alternative to the student conduct process as appropriate. An exception to this standard is any incident involving sexual misconduct or discrimination which must be reported to the the Office of Equity and Inclusion or appropriate Title IX coordinator.

    2. The student conduct process shall also have jurisdiction over any student or student organization accused of a violation which occurs:

      1. while a student or student organization is participating in a University-related activity, including events sponsored by a student organization, or when the student’s or student organization’s conduct is egregiously offensive to the University’s mission; or
      2. when the student’s or student organization’s continued presence on campus poses a serious threat to persons or property, regardless of where the activity occurred.
    3. The Office of Student Conduct has the authority to determine whether a complaint brought before the student conduct process should more properly be handled by another University office, department or forum, and in such instance may refer the complaint to that office, department, or forum.
    4. The undergraduate student conduct process shall have jurisdiction over all students enrolled in the undergraduate program and programs that do not require admission to the University or traditional class registration and is coordinated by the staff of Office of Student Conduct. The undergraduate student conduct process shall also have jurisdiction over all student organizations. The graduate student conduct process shall have jurisdiction over all students enrolled in the graduate program and is coordinated by the staff of the Office of Graduate and Professional Education.
    5. In accordance with the Sexual Misconduct Policy and the Non-Discrimination Policy, the undergraduate student conduct process shall have jurisdiction over sanctioning and appeals associated with cases involving these policies.
    6. The University retains absolute discretion to determine whether any allegation should be processed within the student conduct process and may at its discretion vest jurisdiction in either the undergraduate or graduate student conduct process for any student or any infraction not specifically described within this Student Guide to University Policies or any other University policy, procedure or agreement.

      Note: Violations of local, state, or federal laws away from campus may result in sanctions being imposed by the University. See Violations of Law for more information.

    Back to Top of Document

  4. Student Rights
    1. Rights of Charged Students
    2. A charged student is entitled to:

      1. Be informed of the policy (or policies) alleged to have been violated, the sanction(s) to be applied if the student agrees the allegations are accurate and the process for disputing the allegation(s) or recommended sanction(s).

      2. Have an administrative hearing within a reasonable period of time after the complaint is filed. Once a hearing is scheduled, it may only be postponed, for cause, by the Office of Student Conduct or the Associate Provost for Graduate and Professional Education.

      3. Receive written notice of the date, time and location of the administrative hearing at least 5 business days prior to the hearing.
      4. Prior to the administrative hearing, review all documents and materials in the possession of the Office of Student Conduct or the Office of Graduate and Professional Education that relate to the complaint. Such materials may be edited to shield the identity of those giving information when officials believe that confidentiality is necessary to avoid risk to those persons.

        Note: These offices do not always receive all information that may eventually be presented at an administrative hearing, therefore conduct files will not, in all cases, contain all information in the possession of the party filing the complaint.

      5. Know the names of all witnesses known by the Office of Student Conduct or Office of Graduate and Professional Education who will participate in the hearing (subject to provisions in this Code regarding protecting witness identity).
      6. Question the selection of the administrative hearing officer on the basis of a conflict of interest or demonstrated bias.
      7. Appear in person and present information on one's behalf, call witnesses, and ask questions of those present at the hearing (except in hearings involving a victim, who may elect to have questions from the charged student screened and asked by the administrative hearing officer) or elect not to appear at the hearing. Absence will be noted without prejudice, but the hearing may be conducted in the charged studentís absence.
      8. Refuse to answer any question or make any statement.

      9. Be assisted by a student conduct advisor of one's choice from among the members of the University, provided that person was not involved in the incident upon which the case is based. Names of advisors familiar with the student conduct process are available upon request through the Office of Student Conduct. It is the responsibility of the charged student to obtain a student conduct advisor if so desired. The student is encouraged to provide the advisorís name to the Office of Student Conduct or the Office of Graduate and Professional Education at least 3 business days prior to the administrative hearing. A student conduct advisor should be selected promptly. The student conduct advisor may:
        1. Advise the charged student on the presentation of a response to the allegations;
        2. Accompany the charged student at all student conduct meetings; and
        3. Advise the charged student in the preparation of any appeal.

      10. In limited situations, have legal counsel.
        1. Legal counsel may be present only in the following circumstances:

          1. When the charged student is charged both within the student conduct process and with a felony offense in an off-campus criminal court system; and
          2. When the charged studentís administrative hearing occurs before the off-campus felony hearing has been conducted.

        2. Legal counsel may only advise the charged student on whether to answer a question in order to safeguard the student from self-incrimination. The legal counsel may not question witnesses, object to questions, or otherwise participate in the hearing. The charged student must inform the Office of Student Conduct or the Office of Graduate and Professional Education of the name of the legal counsel at least 3 business days prior to the administrative hearing.
        3. If legal counsel accompanies the charged student, the University may, at its discretion, allow its own counsel also to be present.
      11. Initiate an appeal.

      12. Waive any of the rights contained in this subsection.

      Back to Top of Document

    3. Rights of Victims
      1. The Director of the Office of Student Conduct (or designee) will determine who is entitled to the rights of a victim. This may include, but is not limited to, a person who has suffered from the following acts:

        1. Arson;
        2. Theft;
        3. Destruction, damage or vandalism of property;
        4. Kidnapping/abduction;
        5. Verbal, written or physical harassment; or
        6. Violence or physical assault.

          Any incident involving behavior directed towards a person based on race, color, national origin, sex, disability, religion, age, marital status, veteran status, gender identity or expression, sexual orientation, or any other characteristic protected by applicable law will be referred to the Office of Equity and Inclusion, as directed in the Sexual Misconduct Policy and Non-Discrimination Policy.

      2. A victim is entitled to:

        1. Be notified of available counseling, mental health, or medical services both on campus and in the community.
        2. Change living arrangements on campus and the right to reasonable academic accommodations.
        3. Be free of any form of retaliation and to report such retaliation for disciplinary action.
        4. A ban from contact against the charged student.
        5. Notify law enforcement authorities (also includes the right not to report to law enforcement authorities).
        6. Decide whether or not to file a formal complaint within the student conduct process.
        7. Be assisted by a student conduct advisor throughout the conduct process. A student conduct advisor may be any member of the University community, provided that person was not involved in the incident upon which the case is based. It is the responsibility of the victim to obtain a student conduct advisor if so desired. A victim is encouraged to provide the advisor's name to the Office of Student Conduct or the Office of Graduate and Professional Education at least 3 business days prior to the hearing. The victim's advisor will have the same role as a student conduct advisor for a charged student.
        8. Be informed about the status of a case at any point during the conduct process.
        9. Review all documents to be presented at the hearing that are made available to the charged student.
        10. Be present at the hearing, in its entirely or any portion the victim chooses to attend.
        11. Be separated from the charged student during the hearing. In addition to being separated, a victim may choose to not allow the complainant to directly ask questions of the victim. Rather, questions shall be provided by the complainant to the administrative hearing officer, who, after screening for appropriateness and relevance, shall ask the questions to the victim.
        12. Know the names of all witnesses known by the Office of Student Conduct or Office of Graduate and Professional Education who will participate in the hearing (subject to provisions in this Code regarding protecting witness identity), and the right to suggest potential witnesses to be called (the presenting party will ultimately decide which witnesses to present). The Office of Student Conduct or Office of Graduate and Professional Education may not know the names all witnesses in advance of the hearing.
        13. Have past unrelated behavior excluded from the hearing process.
        14. Question the selection of the administrative hearing officer on the basis of a conflict of interest or demonstrated bias.
        15. Be notified of the outcome and sanction(s) affecting the victim as soon as possible.
        16. Participate in the appeal process, if initiated by a charged student.
        17. Initiate an appeal alleging a violation of any of the above rights occurred.
        18. Waive any of the rights contained in this subsection.

      Back to Top of Document

  5. Procedures for Undergraduate Student Conduct Process
    1. Initiation of Undergraduate Student Conduct Process
    2. The student conduct process shall be governed by the following policies and procedures:

      1. Any person may initiate a complaint against an undergraduate student by filing a complaint with the Office of Student Conduct. The exception to this standard is any complaint involving sexual misconduct or discriminatory harassment, which will be reported to the Office of Equity and Inclusion, the Title IX Coordinator or a deputy Title IX Coordinator.
      2. This complaint may be made in writing or verbally. The person or people submitting the complaint shall be referred to as the complainant. If a complaint is made verbally, the Office of Student Conduct staff member taking the complaint will summarize in writing the information received verbally, then share that summary with the complainant to ensure accuracy. This summary will become a part of the charged student's file and will be shared with the charged student.
      3. Jurisdiction shall be limited to those complaints meeting the parameters outlined in Section II.B. If the complaint reasonably suggests that a violation of the Code of Conduct has occurred, then the Director of the Office of Student Conduct (or designee) shall provide notice of the complaint to the student against whom it was filed.
      4. This notice to the charged student shall include:
        1. The specific rule or regulation that the charged student is alleged to have violated, indicating the date and place of the occurrence and the names of the complainant and all potential witnesses known by the Office of Student Conduct, except when the Office of Student Conduct determines that disclosure may present a serious risk to any such witness;
        2. The charged studentís rights, including a description of the procedures to be used at both a pre-hearing and an administrative hearing; and
        3. A statement that the charged student must meet for a pre-hearing with a designee of the Office of Student Conduct within 3 pre-hearing days of the date on which the notice was sent. Failure to attend this pre-hearing meeting will not keep the process from proceeding and may result in the charged student being found responsible for violating the policies listed based only on input from the complainant.

      5. During the pre-hearing meeting, the charged student will be invited to review and discuss information in the student's disciplinary file (including prior cases, if any) and will be encouraged to ask questions about the complaint and the options available within the student conduct process. Proposed sanctions, to be applied if the charged student if responsible for the violation(s), will also be discussed. The student may also provide additional information (such as written documents, photographs, audio/video files, etc.) to be added to the student's disciplinary file, which will then become a permanent part of that file. Pre-hearings may not be recorded.

        The charged student will be presented with the following options:

        1. To accept responsibility for violating the Code of Conduct and accept the sanction(s)presented in the pre-hearing meeting. A student who accepts responsibility and accepts the proposed sanction(s) waives the right to both an administrative hearing and an appeal.
        2. To accept responsibility for violating the Code of Conduct but reject certain sanction(s) presented as inappropriate or unreasonable, as outlined below. The charged student will receive notice that they have accepted responsibility for violating the Code of Conduct as well as a complete list of the sanction(s) that were rejected and the process for requesting different sanction(s). A student who accepts responsibility for violating the Code of Conduct but rejects the sanction(s) waives the right to an administrative hearing, but retains the right of appeal only through an Appeal of Sanction(s).

        3. To deny responsibility for violating the Code of Conduct and request an Administrative Hearing. A student who denies responsibility for violating the Code of Conduct retains the right to both an administrative hearing and an appeal.

      6. A student who chooses not to attend a pre-hearing will be found responsible based on input only from the complainant. Sanction(s) will be applied without the student’s input. The student will be notified of the outcome, including the sanctions applied. The student will retain the right to appeal this outcome.

      Back to Top of Document

    3. Procedures for Administrative Hearings

      1. The complainant, all co-charged students who request an administrative hearing, the administrative hearing officer, the student conduct advisor (if any) and an Office of Student Conduct designee (if any), shall be present for the entirety of the hearing.
      2. Witnesses

        1. A witness may only be present during the time the witness presents information.
        2. Only direct witnesses (those having factual information pertinent to the pending case) will be permitted. Character witnesses will not permitted.
        3. The administrative hearing officer has the right to recall any witness at any time during the hearing. The administrative hearing officer also has the right to limit the number of witnesses who participate in the hearing.
      3. Hearings shall be closed to all other parties.
      4. All parties are expected to act in a professional and civil manner. If the administrative hearing officer determines the complainant causes a disruption, the complainant will be removed, the hearing will end and all charge(s) will be dropped. If the administrative hearing officer determines the charged student causes a disruption, the charged student (and a student conduct advisor, if any) will be removed and the hearing will continue in the student's absence. If any witness or victim causes a disruption, the witness or victim will be removed and the hearing will continue in their absence.
      5. The complainant must attend the hearing unless an appropriate designee has been approved by the Office of Student Conduct. In certain situations, the complainant may be accompanied by an advisor or co-complainant.
      6. The complainant shall present information regarding the allegation(s) against the charged student(s) and may present witnesses to support the complaint. The administrative hearing officer may question the complainant and any of the complainant's witnesses who are present for the hearing. The charged student(s), with the assistance of a student conduct advisor (if any), will then have the opportunity to question the complainant and any of the complainant’s witnesses who are present for the hearing.
      7. The charged student(s) then may, with the assistance of a student conduct advisor (if any) present a response to the allegation(s). This response may include additional information (such as written documents, photographs, audio/video files, etc.) to be added to the student’s disciplinary file, which will then become a permanent part of that file. Any such information must be factually related to the case. Information pertaining to character or authorities outside the University may not be presented. The administrative hearing officer may question the charged student(s) and any witnesses for the charged student(s) who are present for the hearing. The complainant will then have the opportunity to question the charged student(s) and witnesses for the charged student(s) who are present for the hearing.
      8. The complainant and the charged student(s) may, in that order, present concluding remarks. The administrative hearing officer will then close the hearing.
      9. The administrative hearing officer may exclude any information that is irrelevant or redundant to the allegations.
      10. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.
      11. If the administrative hearing officer finds a charged student has violated any or all of the policies alleged to have been violated, information shared during the hearing as well as information concerning the charged student’s past disciplinary record (including student conduct process actions, housing policy violations, civil or criminal court convictions, and any other information deemed relevant by the administrative hearing officer) may be considered in determining the appropriate sanction(s). The administrative hearing officer may also consult with the Director of the Office of Student Conduct (or designee) in order to ensure appropriateness and reasonableness of the sanctions. The administrative hearing officer may apply different sanctions (either less or more stringent) than the proposed sanctions discussed in the pre-hearing.
      12. An audio recording will be made of all administrative hearings, for review and appeal purposes. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the hearing, unless expressly permitted by the administrative hearing officer. To protect student confidentiality and the integrity of its process, the University does not provide copies of these audio recordings.  However, to aid in the preparation of an appeal, an appealing student may listen to the audio recording and may be accompanied by a student conduct advisor.  No copies or recordings of any kind may be made by the student or advisor. Recordings will be destroyed once the case has concluded.
      13. The administrative hearing officer shall send a written decision to the Office of Student Conduct after the conclusion of the hearing. The  decision notice shall contain:

        1. A summary of the charge(s) and the incident from which these charge(s) originated;
        2. The administrative hearing officer’s findings and rationale;
        3. The sanction(s) imposed by the administrative hearing officer (if any); and
        4. A statement describing the charged student’s right to appeal and the procedures for doing so.
      14. The Office of Student Conduct will notify the charged student(s) and the complainant via e-mail of the outcome, rationale, sanction(s) applied (if any), and the right of appeal. The Office of Student Conduct will notify the victim of any outcome or sanction that affects the victim.
      15. The charged student may appeal the administrative hearing officer’s decision within 5 business days of the date on which the decision was sent.
      16. A copy of the administrative hearing officer’s decision will be maintained by the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.
    4. Back to Top of Document

    5. Procedures for Appeals
      1. Appeal of Sanctions

        1. The charged student must submit an Appeal of Sanctions to the Office of Student Conduct within 5 business days of accepting responsibility for violating the Code of Conduct and receiving a list of the proposed sanctions. Should the charged student fail to submit this request within 5 business days, the proposed sanctions will be applied, no appeal will be considered and the case will be closed.
        2. Only the following sanctions may be addressed:

          1. Academic penalty (applicable only in cases involving violation ofthe Academic Honesty Policy);
          2. Deferred suspension from University housing;
          3. Deferred suspension from the University;
          4. Suspension from University housing;
          5. Suspension from the University; or
          6. Expulsion from the University.
        3. The Appeal of Sanctions must:

          1. Must explain why the proposed sanctions are inappropriate or unreasonable. The request may include what sanctions the charged student feels are appropriate;
          2. Shall be prepared by the charged student with the assistance of a student conduct advisor;
          3. Must be computer printed and is limited to three double-spaced pages with one-inch margins and a 12-point font; and
          4. Shall not include discussion of sanctions other than those listed above nor shall it include information disputing the charge(s), describing the student’s character, or citing authorities outside the University.
        4. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit may be disregarded or the entire Request may be rejected if it addresses the charge(s), contains discussion of sanctions other than those listed above or includes information disputing the charge(s), describing the student's character, citing authorities outside the University or if the appeal appears not to have been completed by the student.
        5. Upon receipt of the Appeal of Sanctions, a copy of the appea will be sent to the complainant and any other party deemed appropriate by the University, including the victim (if applicable). These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the Request was sent. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit may be disregarded.
        6. The written request, responses from all appropriate parties and the charged studentís entire disciplinary file will be reviewed in a closed meeting by an Appellate Board panel.
        7. The Appellate Board, by majority vote, may decide to

          1. Deny the Appeal of Sanctionsand apply the sanctions described in the pre-hearing; or
          2. Reduce or otherwise limit the sanctions described in the pre-hearing. A reduction in penalty or duration may be accompanied by the inclusion of educational intervention(s) or a fee.
        8. The Appellate Boardís decision is final and will be implemented immediately by the Office of Student Conduct. The charged student will receive notice of the decision. The victim (if any) will receive notice of the decision and any sanction which affects them. The decision will forwarded to the complainant and any other appropriate party who responded to the initial Request. Copies of this notice will be entered into the student’s disciplinary record
        9. A copy of the Appellate Boardís decision will be maintained by the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.
      2. Back to Top of Document

      3. Appeal of Decision

        1. The charged student may submit an appeal to the Office of Student Conduct in writing within 5 business days of the date on which the decision was sent.
        2. The appeal request must allege that:

          1. The decision is contrary to information presented at the hearing;
          2. The decision is contrary to new information not known at the time of the hearing;
          3. Procedures were not followed during the process; or
          4. One or more of the sanctions imposed are inappropriate or unreasonable. Only the following sanctions may be addressed in the appeal:
            1. Academic penalty (applicable only in cases involving violation ofthe Academic Honesty Policy);
            2. Deferred suspension from University housing;
            3. Deferred suspension from the University;
            4. Suspension from University housing;
            5. Suspension from the University; or
            6. Expulsion from the University.
        3. The appeal request

          1. Must clearly cite one or more of the reasons above. The failure of the University to adhere to notice requirements or time periods shall not be cause for dismissal nor grounds for appeal unless such failure significantly impacted the charged student;
          2. Shall be prepared by the student with the assistance of a student conduct advisor;
          3. Must be computer printed and is limited to three double-spaced pages with one-inch margins and a 12-point font; and
          4. Shall not include discussion of sanctions other than those listed above, nor shall it include information describing the student's character or citing authorities outside the University.
        4. At the discretion of the chair of the Appellate Board all pages beyond the three-page limit may be disregarded or the entire appeal may be rejected if it contains discussion of sanctions other than those listed above, or includes information describing the student's character, citing authorities outside the University or if the appeal appears not to have been prepared by the student.
        5. Upon receipt of the appeal request, a copy of the request will be to the complainant, the administrative hearing officer and any other party deemed appropriate by the University, including the victim. These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the appeal was sent. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit may be disregarded.
        6. The written appeal, responses received from all appropriate parties and all documentation contained within the studentís disciplinary file will be reviewed in a closed meeting by an Appellate Board panel.
        7. The Appellate Board, by majority vote, may decide to:

          1. Deny the appeal;
          2. Reduce or otherwise limit the sanction(s) applied as a result of the administrative hearing. A reduction in penalty or duration may be accompanied by the inclusion of educational intervention(s) or a fee;
          3. Delay a final review of the appeal to receive additional information regarding specific issues raised in the appeal. Responses may be solicited from the charged student, the complainant, the administrative hearing officer, and any relevant witnesses;
          4. Direct the Office of Student Conduct to provide a new hearing conducted by the Appellate Board, if it is determined the decision is contrary to information presented in the hearing or contrary to new information not available at the time of the hearing; or
          5. Allow the student to have the case handled beginning at any specific stage of the Student Conduct process, if it is determined procedures were not followed.
        8. The Appellate Boardís decision, except any decision reached as the result of a re-hearing initiated due to procedural error, is final and will be implemented immediately by the Office of Student Conduct. The student, complainant and administrative hearing officer will receive notice of the decision. The victim (if any) will receive notice of the decision and any sanction which affects the victim. A copy of this notice will be entered into the studentís disciplinary file and will be maintained by the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G
        9. A decision reached as a result of a re-hearing initiated as a result of a due process violation will be subject to all appeal options as described in Section II.D.3.b.ii.
      4. Appeal Initiated by Victim

        1. A victim (as defined in Section II.C.2) may submit an appeal to the Office of Student Conduct in writing within 5 business days of the date on which the decision was sent.
        2. The appeal request

          1. May only allege that a violation of victimís rights (as defined in Section II.C.2.b) occurred;
          2. Shall be prepared by the student with the assistance of a student conduct advisor only;
          3. Must be computer-printed and shall be limited to three double-spaced pages with one-inch margins and a 12-point font; and
          4. Shall not include information describing the student's character or citing authorities outside the University.
        3. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit may be disregarded or the entire appeal may be rejected if it contains information describing the student's character or citing authorities outside the University or appears not to have been prepared by the student.
        4. Upon receipt of the appeal request, a copy of the appeal will be sent to the complainant, the charged student, the administrative hearing officer, and any other party deemed appropriate by the University. These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the appeal was sent. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit may be disregarded.
        5. The Appellate Board, by majority vote, may decide to:

          1. Deny the appeal;
          2. Delay a final review of the appeal to receive additional information regarding specific issues raised in the appeal. Responses may be solicited from the charged student, the victim, the complainant, the administrative hearing officer, and any relevant witnesses; or
          3. Grant the appeal and direct the Office of Student Conduct to provide a new hearing conducted by a new administrative hearing officer.
        6. The outcome of a new hearing may result in:

          1. The same decision regarding responsibility and sanctions as made by the original administrative hearing officer;
          2. The same decision regarding responsibility but a different decision regarding sanctions as made by the original administrative hearing officer; or
          3. A different decision regarding responsibility and a different decision regarding sanctions as made by the original administrative hearing officer.
        7. The decision of the re-hearing will be subject to all appeal options as described in Section D.3.b.ii.
        8. A copy of the administrative hearing officerís decision will be maintained by the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.
      5. Appeal for Reduction in Length of Suspension

        1. No earlier than 15 business days before completing a suspension from the University of at least two regular semesters (meaning Fall or Spring semester, not including Special Sessions) a student may submit a request for a reduction in the remaining period of suspension.
        2. The appeal

          1. May only address why a reduction in length is warranted;
          2. Shall be prepared by the student with the assistance of a student conduct advisor;
          3. Must be computer printed and is limited to three double-spaced pages with one-inch margins and a 12-point font; and
          4. Shall not include information describing the student's character or citing authorities outside the University.
        3. At the discretion of the chair of the Appellate Board all pages beyond the three-page limit may be disregarded or the entire appeal may be rejected if it contains includes information describing the student's character or citing authorities outside the University or appears not to have been prepared by the student.
        4. If granted, the Appellate Board may reduce the length of the suspension as deemed appropriate.
        5. If an appeal is denied, or a reduction of the original length remains longer than two regular semesters, the student may submit a new appeal no earlier than 10 business days before completing two more regular semesters of the suspension.

      Back to Top of Document

    6. Operations of the Appellate Board
      1. Jurisdiction
      2. The Appellate Board has sole appellate jurisdiction over decisions and sanction(s) of an administrative hearing officer and any designee of the Director of the Office of Student Conduct.

      3. Appellate Board Pool
      4. The Appellate Board pool shall be composed of undergraduate students, staff members and faculty members. Members of this pool will be eligible to serve on a panel after receiving appropriate training provided by the Office of Student Conduct.

      5. Appellate Board Panel
      6. A panel consists of four members, as follows:

        1. Three voting members - one undergraduate student, one staff member and one faculty member; and
        2. One non-voting chair, who must have served as an administrative hearing officer for at least one year or a voting member for at least three years.

      7. Selection of Appellate Board Members
        1. Nomination
          1. Any member of the University community may self-nominate oneself for membership. For undergraduate students, this is accomplished by completing an application. For staff members and faculty, this is accomplished by contacting the Director of the Office of Student Conduct (or designee) to express interest.
          2. The Director of the Office of Student Conduct (or designee) may also contact the Student Government Association, the Resident Student Association and appropriate departments or individuals (for students), the Office of the Vice President for Student Life (for staff members) and the Faculty Senate (for faculty) to solicit interested parties.

        2. Selection
          1. Students

            1. After completing an application, students will be screened to ensure they meet the following requirements:

              1. Matriculated as an undergraduate student;
              2. A minimum cumulative GPA of 2.2; and
              3. No current administrative sanctions.
            2. Students who meet these requirements will participate in an interview process. The Director of the Office of Student Conduct (or designee) will select members based on this process.
          2. Staff members and faculty

            1. After expressing interest, faculty and staff may be asked to meet with the Director of the Office of Student Conduct (or designee) to discuss their interest and learn of the time commitment and responsibilities.
            2. The Director of the Office of Student Conduct (or designee) will then decide if selecting the staff or faculty is appropriate.
          3. The decision of the Director of the Office of Student Conduct (or designee) to select or decline any applicant shall be final.

      8. Term of Office

        1. Students may remain in the pool until they graduate from the University, provided they maintain a minimum cumulative GPA of 2.2 and do not violate any University policies. If a student does not maintain the minimum cumulative GPA, membership will be suspended temporarily until the student’s cumultive GPA meets or exceeds that minimum. At that point, the student will be immediately eligible to serve. If a student is found responsible for violating any University policies and receives an administrative sanction other than a Disciplinary Warning, membership will be terminated. Once these sanctions are no longer active, the student may request, in writing, to be re-instated in the pool. If granted, the student would be eligible to serve at the start of the next term, or earlier, if deemed appropriate by the Director of the Office of Student Conduct (or designee).
        2. Staff members and faculty members shall remain in the pool until they request to be removed, or are asked to end their service by the Director of the Office of Student Conduct (or designee).
      9. Responsibilities

      Each member shall have the following responsibilities:

        1. To make attendance to all training sessions and Board meetings a priority. Frequent absences are grounds for removal;
        2. To maintain objectivity and impartiality. A member must disqualify oneself from a hearing when the member feels objectivity cannot be maintained;
        3. To maintain confidentiality. The nature and status of any student conduct situation may be discussed only with other members and those directly responsible for the administration of the student conduct process; and
        4. To notify the Director of the Office of Student Conduct (or designee) if any person attempts to influence a case or decision before the member.

      1. Removal of Appellate Board Members

        1. Any member may be removed for cause. A person may request a member’s removal through the Office of Student Conduct. The written request must include specific facts supporting the removal.
        2. If the Director of the Office of Student Conduct (or designee) determines that the allegation is supported by information, the member shall be informed. A meeting will be held to hear the request for removal and the accused member’s response.
        3. If it is determined that the member has violated any of the responsibilities above, the Director of the Office of Student Conduct (or designee) shall make the final determination concerning removal or any other appropriate action.

    Back to Top of Document

  6. Procedures for Graduate Student Conduct Process
  7. The graduate student conduct process is administered by the Associate Vice Provost for Graduate and Professional Education as authorized by the Vice Provost for Graduate and Professional Education.

    1. Initiation of the Graduate Student Conduct Process

      1. Any person may initiate a complaint against a graduate student by filing a complaint with the Associate Vice Provost for Graduate and Professional Education. The person or people submitting the complaint shall be referred to as the complainant. The exception to this standard is any complaint involving sexual misconduct or discriminatory harassment, which will be reported to the Office of Equity and Inclusion, the Title IX Coordinator or a deputy Title IX Coordinator.
      2. If a complaint is made verbally, the Associate Vice Provost for Graduate and Professional Education (or designee), will summarize in writing the information received verbally, then share that summary with the complainant to ensure accuracy. If the complaint reasonably suggests that a violation of the Code of Conduct has occurred, then the Associate Vice Provost for Graduate and Professional Education shall provide written notice of the complaint to the student against whom it was filed.

        1. Students seeking to file a complaint of disability discrimination must use the ADA process as outlined in Section IV.A.2.a.

        2. Students seeking to file a complaint of other discrimination or harassment must use the process outlined in Section IV.A.2.c.
      3. The notice to the charged student shall include:
        1. The specific rule or regulation that the student is alleged to have violated, describing the time, date, and place of the occurrence, the name of the complainant, and the names of all known potential witnesses, assuming the potential witnesses agree to be identified and participate;
        2. The charged studentís rights, including a description of the procedures to be used at the either an administrative action hearing or a graduate board hearing and the possible sanction(s) that may be rendered; and
        3. A statement that the charged student must meet with the Associate Vice Provost for Graduate and Professional Education within 5 business days of the date on which the notice was sent. Failure to attend this meeting may result in a finding of responsible based only on input from the complainant.

      4. During the initial meeting(s), the charged student will be:
        1. Invited to review and discuss information contained in the student's disciplinary file;
        2. Encouraged to ask questions concerning the complaint;
        3. Informed of the student's rights within the student conduct process, including the options for resolving the charge(s); and
        4. Presented with the following options:

          1. To accept responsibility and request an administrative action hearing for the purpose of determining and applying the appropriate sanctions; or
          2. To deny the charge(s) and request a hearing by the graduate hearing oard.

      5. If a charged student fails to attend the initial meeting within the specified period of time, the facts will be reviewed by the Associate Vice Provost for Graduate and Professional Education and a decision rendered and sanctions applied in the studentís absence.

      Back to Top of Document

    2. Procedures for Administrative Action Hearings

      1. The administrative action hearing is in lieu of the student’s right to a graduate board hearing, and the charged student must sign a statement waiving the right to a graduate board hearing.
      2. The Associate Vice Provost for Graduate and Professional Education (or designee) may consult with the complainant to clarify facts related to the matter. If, in consulting with the complainant, information significantly different from that given by the charged student is obtained, this information will be shared with the charged student before sanctions are applied.
      3. A charged student may appeal the sanctions applied as a result of an administrative action hearing based on the following procedures:

        1. The charged student may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent. Should the charged student fail to submit this request within 5 business days, the sanction(s) will be applied, no appeal will be considered and the case will be closed.
        2. The appeal request must allege that the sanction(s) imposed is inappropriate or unreasonable. The request may include what sanction(s) the charged student feels are appropriate.
        3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
        4. Upon receipt of the request for appeal, a copy will be sent to the complainant, and any other relevant party, including any victim. These parties may submit a response in writing to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the appeal was sent.
        5. The Vice Provost for Graduate and Professional Education will review the written request, and may review any other documents presented as part of the appeal, and will determine whether there are sufficient grounds to adjust the sanctions.
        6. If the appeal is granted, the Vice Provost for Graduate and Professional Studies will apply adjusted sanctions and notify the student and all other parties deemed appropriate of the sanctions and the case will be closed.  A victim will be informed of the outcome and any sanction that affects them.
        7. If the appeal is denied, the sanctions recommended in the administrative action hearing will become effective immediately. The charged student and all other parties deemed appropriate will be notified of the denial and the case will be closed.  A victim will be informed of the outcome and any sanction that affects them.
      4. The outcome of the administrative action hearing will be maintained by the Office of Graduate and Professional Studies in accordance with the retention policy, as defined in Section II.G.
    3. Back to Top of Document

    4. Procedures for Graduate Board Hearings

      The chairperson of the graduate hearing board will conduct the hearing according to the following procedures:

      1. graduate board hearings shall be open to the complainant, the charged student, the advisor (if any), all members of the graduate hearing board and the Associate Vice Provost for Graduate and Professional Education (or designee) for the entirety of the hearing.

      2. Witnesses shall be present only during the time they are sharing information regarding the incident or making a victim’s impact statement.

      3. Hearings shall be closed to all other parties.

      4. The complainant must attend the hearing unless an appropriate designee has been approved by the Associate Vice Provost for Graduate and Professional Education prior to the hearing. Note: A complainant’s failure to attend a hearing without prior approval may result in a dismissal of the charge(s). A second postponement of a hearing, even with cause, will result in a dismissal of the charge(s) unless there are serious extenuating circumstances.

      5. The complainant shall present the case against the charged student and may present witnesses to support the complaint. Members of the graduate hearing board shall have the opportunity to question the complainant the complainant’s witnesses who are present for the hearing. The charged student shall then have the opportunity to question the complainant and the complainant’s witnesses who are present for the hearing. The charged student then may present a response to the complaint. Members of the graduate hearing board shall have opportunity to question the charged student and the charged student's witnesses who are present for the hearing. The complainant shall then question the charged student and the charged student's witnesses who are present for the hearing. The graduate hearing board has the right to question or recall witnesses at any time during the hearing. The complainant and the charged student may, in that order, present concluding remarks.

      6. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.

      7. The graduate hearing board may exclude any information that is irrelevant to the hearing or has no bearing on the complaint or the hearing. The charged student may introduce information regarding their character.

      8. After all information has been presented and both the complainant and the charged student have been given an opportunity for a final statement, the chairperson of the graduate hearing board will close the hearing.

      9. If the graduate hearing board finds the charged student has violated all or any part of the policies alleged to have been violated, information concerning the charged student’s past disciplinary record, including student conduct process actions, housing policy violations, civil or criminal court convictions, and any other information deemed relevant by the members of the graduate hearing board may be considered in determining the appropriate sanction.

      10. The Associate Vice Provost for Graduate and Professional Education or designee will make an audio recording of all hearings. To protect student confidentiality and the integrity of its process, the University does not provide copies of these audio recordings. However, to aid in the preparation of an appeal, an appealing student may listen to the audio recording in the presence of the Associate Vicer Provost for Graduate and Professional Education or designee and may be accompanied by a student conduct advisor. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the hearing, unless expressly permitted by the Associate Provost for Graduate and Professional Education.

      11. The graduate hearing board shall submit a written report to the Associate Vice Provost for Graduate and Professional Education within 5 business days of the conclusion of the hearing. The written report shall contain:

        1. A summary of the complaint and the charge(s);

        2. A summary of information presented at the hearing;

        3. A summary of the graduate hearing board’s findings and rationale;

        4. The graduate hearing board’s proposed sanction(s) (if any) and rationale; and

        5. A statement describing the charged student’s right to appeal and the procedures for doing so.

      12. The Associate Vice Provost for Graduate and Professional Education will notify the charged student and the complainant of the findings, rationale, proposed sanction(s) (if any), and the appeal rights. The Associate Provost for Graduate and Professional Education will notify the victim of the findings and any sanction that affects the victim.

      13. The charged student may appeal the Graduate Hearing Board’s decision within 5 business days of date on which the decision was sent.

      14. A copy of the graduate hearing board’s decision will be maintained in the Office of Graduate and Professional Education according to the retention policy, as defined in Section II.G.

      Back to Top of Document

    5. Procedures for Graduate Appeals
      1. Initiated by the charged student
        1. The charged student may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent. Note: A student who accepts responsibility for violating the Code of Conduct waives the right to an appeal.
        2. The appeal request must allege:

          1. The decision is contrary to information presented at the hearing; or
          2. The decision is contrary to new information not known at the time of the hearing; or
          3. Any hearing procedure was not properly followed; or
          4. A sanction imposed is inappropriate or unreasonable.
        3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
        4. Upon receipt of the request for appeal, a copy will be sent to the complainant, the chairperson of the Graduate Hearing Board, and any other relevant party. These parties may submit a response in writing to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the request was sent.
        5. The Vice Provost for Graduate and Professional Education will review the written request, and may listen to the recording of the graduate board hearing, review any documents presented during the hearing, and will determine whether there are sufficient grounds for an appellate hearing and, if so, will defer the imposition of the sanction imposed by the graduate hearing board pending the decision on the appeal.
        6. If the appeal request is denied, the decision of the graduate hearing board will become effective as of the date that the Vice Provost for Graduate and Professional Education decides not to grant an Appellate Hearing.
        7. If the appeal is granted, the Vice Provost for Graduate and Professional Education will notify the charged student and the complainant of the time and place of the appellate hearing.
        8. The only persons permitted to attend the appellate hearing will be:

          1. The complainant;
          2. The charged student;
          3. The charged studentís student conduct advisor from the graduate board hearing (if any);
          4. Witnesses (including any victim, and the victim's student conduct advisor from the graduate board hearing, if any) if their presence is necessary (as determined by the Vice Provost for Graduate and Professional Education);
          5. The Associate Provost for Graduate and Professional Education; and
          6. The Vice Provost for Graduate and Professional Education or his or her designee (who may not have been a member of the original graduate hearing board.)
        9. Failure to attend an appellate hearing by the charged student or complainant may result in the denial of the appeal. A second postponement, even with cause, will result in denial of the appeal unless there are serious extenuating circumstances.
        10. The Vice Provost for Graduate and Professional Education will open the appellate hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, which include:

          1. The charged student may make a brief statement of the reason(s) for the appeal. If those reasons include new information, the charged student may present such information, and new witnesses (if any) may be subject to questioning by the charged student, the complainant and the Vice Provost for Graduate and Professional Education.
          2. The complainant may then address the specific issues presented in the request for appeal.
          3. The Vice Provost for Graduate and Professional Education may interrupt the proceedings at any time to ask questions or to focus the proceedings on the specific points at issue.

        11. Within 5 business days of the conclusion of the appellate hearing, the Vice Provost for Graduate and Professional Education shall issue a written decision consisting of the grounds for the appeal, the decision, and the rationale. Copies of this report will be forwarded to the charged student, the complainant, and the chairperson of the graduate hearing board. A victim, if any, will be notified of the outcome and any sanction(s) that affect the victim.
        12. The decision of the Vice Provost for Graduate and Professional Education is final and will be implemented immediately.
        13. A copy of the Vice Provost for Graduate and Professional Education's decision will be maintained in the Office of Graduate and Professional Education in accordance with the retention policy, as defined in Section II.G.

      2. Initiated by a victim

        1. The victim may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent.
        2. The appeal request may only allege a violation of the victimís rights (as defined in Section II.C.3) occurred.
        3. The written request must be typed or computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
        4. Upon receipt of the request for appeal, a copy will be sent to the complainant, the chairperson of the graduate hearing board, and any other relevant party including the charged student. These parties may submit a response in writing to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the request was sent.
        5. The Vice Provost for Graduate and Professional Education will review the written request, and may listen to the recording of the graduate board hearing, review any documents presented during the Graduate Board Hearing, and will determine whether there are sufficient grounds for an appellate hearing and, if so, will defer the imposition of the sanction imposed by the graduate hearing board pending the decision on the appeal.
        6. If the appeal request is denied, the decision of the graduate hearing board will become effective as of the date that the Vice Provost for Graduate and Professional Education decides not to grant an appellate hearing.
        7. If the appeal is granted, the Vice Provost for Graduate and Professional Education will notify the charged student and the complainant and the victim of the time and place of the appellate hearing.
        8. The only persons permitted to attend the appellate hearing will be:
          1. The complainant;
          2.  

          3. The charged student;
          4.  

          5. The charged studentís advisor from the graduate board hearing (if any)
          6.  

          7. Witnesses (including any victim, and the victim's student conduct advisor from the Graduate Board Hearing, if any) if their presence is necessary (as determined by the Vice Provost for Graduate and Professional Education);
          8.  

          9. The Associate Provost for Graduate and Professional Education; and
          10. The Vice Provost for Graduate and Professional Education or designee (who may not have been a member of the original graduate hearing board.)

        9. Failure to attend an appellate hearing by the charged student or complainant may result in the denial of the appeal. A second postponement, even with cause, will result in denial of the appeal unless there are serious extenuating circumstances.
        10. The Vice Provost for Graduate and Professional Education will open the appellate hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, which includes:
          1. The victim may make a brief statement explaining why he or she feels a violation of victim's rights occurred.
          2.  

          3. The complainant may then address the specific issues presented in the request for appeal.
          4.  

          5. The charged student may address the specific issues presented in the request for appeal.
          6.  

          7. The Vice Provost for Graduate and Professional Education may interrupt the proceedings at any time to ask questions or to focus the proceedings on the specific points at issue.

        11. Within 5 business days of the conclusion of the hearing, the Vice Provost for Graduate and Professional Education shall issue a written decision consisting of the grounds for the appeal, the decision, and the rationale. Copies of this report will be forwarded to the charged student, the complainant, and the chairperson of the graduate hearing board.
        12. The decision of the Vice Provost for Graduate and Professional Education is final and will be implemented immediately.
        13. A copy of the Vice Provost for Graduate and Professional Education's decision will be maintained in the Office of Graduate and Professional Education in accordance with the retention policy, as defined in Section II.G.

      Back to Top of Document

    6. Graduate Hearing Board
      1. Jurisdiction

        The graduate hearing board will have jurisdiction over alleged violations of the Code of Conduct by graduate students when the charged student contests the pending charge(s).

      2. Composition
      3. The graduate hearing board shall consist of 3 faculty members approved by the chairperson of the Faculty Senate Committee on Graduate Studies. At least 1 faculty member will be from the studentís department, program, or non-departmentalized college, and 2 faculty members will be members of the Faculty Senate Committee on Graduate Studies. The chairperson of the graduate hearing board may not be from the charged student's academic program.

    Back to Top of Document

  8. Procedures for Student Organizations
    1. Student organizations are reminded that they are bound by the University's Code of Conduct, and that each use of the word "student" in the Code of Conduct means student organization. Student organizations are encouraged to review Section I.Q and Section III.E for additional rules and procedures applicable to those organizations.
    2. An administrative hearing for a student organization will follow the undergraduate student conduct process. Hearings will be conducted with the organizationís highest ranking officer representing the organization, unless that officer designates another officer or member.
    3. Any violation of this Code of Conduct by one or more members of a student organization may constitute a violation by the organization itself. Where those administering the student conduct process conclude that there is sufficient connection between the acts of individual students and an organization to which they belong, sanction(s) may be applied to the organization as well as any offending member. Conversely, when an organization has been found responsible for violating the Code of Conduct, those administering the student conduct process may apply sanctions on some or all members of that organization depending upon the degree of participation in the violation.
    4. In the event that a student or group is charged with a violation under this Code, it shall not be a defense that the organization in question is one which is no longer recognized by the University as a result of its status being rescinded, revoked or suspended.

    Back to Top of Document

  9. Retention and Release of Disciplinary Records
    1. Retention of Records

      1. For a student enrolled in Bachelor's, Master's or doctoral degree programs:

        1. For cases in which an outcome of responsible is reached and a disciplinary sanction of expulsion is applied, all records of the incident and outcome will be permanently retained in the student’s disciplinary file.
        2. For cases in which an outcome of responsible is reached and a disciplinary sanction other than expulsion is applied, all records of the incident and outcome will be maintained until the student graduates or, in the event the student ceases to maintain enrollment, for four years after the student's most recent term of enrollment.
      2. For a student enrolled in an Associate in Arts degree programs:

        1. For cases in which an outcome of responsible is reached and a disciplinary sanction of expulsion is applied, all records of the incident and outcome will be permanently maintained in the student’s disciplinary file.
        2. For cases in which an outcome of responsible is reached and a disciplinary sanction other than expulsion is applied, all records of the incident and outcome will be maintained until:

          1. the student's graduation from a Bachelor's degree program; or
          2. the student’s graduation from the Associate in Arts degree program, if the student does not matriculate into a Bachelor’s degree program; or
          3. two calendar years after the most recent term of enrollment in the Associate in Arts program, if the student ceases to maintain status as a matriculated student in the Associate in Arts program.
      3. For a student organization, when an outcome of responsible is reached, all records will be maintained permanently.
      4. When an outcome of not responsible is reached or when the charge(s) is dropped, all records will be destroyed within 60 days of the final decision.
      5. Federal law currently requires the retention of certain data and records of certain disciplinary infractions. Where the above-described policy provides for the “destruction” of a record, the University, in order to comply with federal law, may accomplish such “destruction” by editing all student identifying information from such record.
    2. Release of Records

      1. For any case which results in an administrative sanction of a Disciplinary Warning, no information regarding that case will be released to anyone outside the Office of Student Conduct. Students in this situation would not need to disclose to anyone they violated University policy.
      2. For any case which results in an administrative sanction of a Notice of Reprimand, information regarding that case may be released to faculty or staff within the University with a demonstrated educational need to know. Permission from the student is not required for this release. Students in this situation would need to disclose to a University official they violated University policy, but would not need to disclose to anyone outside the University. If, however, a student has more than one case which results in a sanction other than a Disciplinary Warning, information regarding the case in which the Notice of Reprimand was applied may be shared outside the University.
      3. For any case resulting in all other administrative sanctions, information regarding that case may be released to faculty or staff within the University with a demonstrated educational need to know. Permission from the student is not required for this release. Information regarding that case may be released to anyone outside the University with proper permission from the student.
      4. Limited release of records

        1. A student may request that records of certain incidents not be disclosed outside the University.
        2. If granted, the conduct record will still be maintained by the Office of Student Conduct in accordance with the retention policy, but it will not be reported outside the University. The record will continue to be released within the University.
        3. If the student is found responsible for violating the Code of Conduct after being granted a limited release, the limited release will be rescinded and records of all cases may be reported outside the University.
        4. The following criteria must be met in order to request a limited release of records:

          1. The student has a single disciplinary case in their record;
          2. the case did not involve a violation of the Academic Honesty Policy or behaviors of violence or threats of violence, sexual misconduct, discrimination or harassment;

          3. the case included a sanction of Disciplinary Probation, Deferred Suspension from the University housing and/or Deferred Suspension from the University; and
          4. three semesters have passed since the ending date of all administrative sanctions.
        5. Request for limited release of records

          1. A student must complete an application request and may submit optional supporting documents. Details may be found on the website of the Office of Student Conduct.
          2. The Director of the Office of Student Conduct or designee will review the application and may consult with other offices on campus in order to determine if a limited release of records is warranted based on the following:

            1. the student’s reflection of the incident and demonstration of learning;
            2. the student's contributions to the community;
            3. the confirmed lack of additional disciplinary cases; and
            4. the nature of the violation and the severity of any damage, injury or harm resulting from it.
          3. The student will be notified of the outcome of their request within 30 business days of submission.
          4. The decision of the Director of the Office of Student Conduct (or designee) will be final.

     

    Back to Top of Document

  10. Administrative Actions

    1. Emergency Suspension

      When a student or student organization repeatedly or persistently commits a violation of the Code of Conduct, either on campus or off, or where the continued presence of the student or organization on-campus poses a threat to safety or the rights, welfare, or property of another, the Director of the Office of Student Conduct or designee (for undergraduate students and organizations) or the Associate Provost for Graduate and Professional Education or designee (for graduate students) may impose an emergency suspension subject to the following provisions:

      1. An emergency suspension is an interim action, effective immediately.

      2. The emergency suspension shall last until the charged student’s case is resolved in accordance with prescribed procedures.

      3. Should the student request an administrative hearing, this hearing will take place within 3 business days from the imposition of the emergency suspension.

      4. At the conclusion of the hearing, the administrative hearing officer shall decide whether to continue, alter or modify the emergency suspension. This decision will be shared with the charged student immediately after this decision is reached and cannot be appealed.

      5. Within 3 business days of the conclusion of the hearing, the administrative hearing officer will render a final decision regarding responsibility and sanctions (if appropriate), which will be shared with the charged student, complainant and victims (if applicable).

      6. Should an appeal be submitted, the standards outlined in Section D.3 will be followed except that all deadlines will be 3 business days rather than 5 business days.

      7. A request by the charged student for an extension of the date of the emergency suspension hearing date or for the appeal deadline, if granted, will be extended only for an additional two days and no further notice will be required.

Note: In the case of certain criminal charges, the imposition of an Emergency Suspension may be superseded by the Withdrawal process set forth below.

Back to Top of Document

  1. Withdrawal When Certain Charges are Pending

    1. A student charged in any jurisdiction with a crime involving an act of violence, the sale, manufacture or delivery of drugs or any other conduct egregiously offensive to the Universityís mission may be withdrawn from the University once this information becomes known to the University.
    2. Once withdrawn, the student will be banned from entering all buildings, grounds and facilities owned or managed by the University and prohibited from participating in any University-sponsored activities until the withdrawal is rescinded.
    3. The student shall have the right to a meeting with the Dean of Students (or designee) within 3 business days from the imposition of the withdrawal at which time the student shall be provided the opportunity to demonstrate that the withdrawal is inappropriate because:

      1. The student is not charged with a crime as listed above;
      2. The alleged crime, even if proven, has no bearing on any legitimate University interest; or
      3. The withdrawal is manifestly unjust.
    4. The Dean of Students (or designee) will decide whether to continue or rescind the withdrawal and will communicate this decision to the student within 24 hours of the conclusion of the meeting. The decision of the Dean of Students is final and may not be appealed.
    5. The withdrawal shall be noted on the student's transcript, with the statement "Student was withdrawn by the University" and the date on which the withdrawal was enacted. A record of the reason why the withdrawal was enacted will be created maintained in accordance with the retention policy, as defined in Section II.G.
    6. The withdrawal shall remain in effect until the latter of:

      1. The dismissal of all pending criminal charge(s) against the student;
      2. The acquittal of the student on all pending criminal charge(s); or
      3. A full adjudication through the student conduct process of all conduct charge(s) which were applied based on the behavior from which the criminal charge(s) derived.
    7. Once the withdrawal is rescinded, the statement noted above will be removed from the transcript. The record will be augmented to note the withdrawal was rescinded.

    8. This withdrawal requirement is a supplement to the Emergency Suspension procedures provided above and in no way limits any rights of the University to impose any additional or different disciplinary sanction.

Back to Top of Document

Copyright © 2018 University of Delaware