Conduct Process

Upon the initiation of the Conduct Process, a student alleged to have violated the Code will receive notice via their University email. The notification and charge letter will inform them that a report has been filed, and the University is initiating the conduct process. The notification and charge letter will contain the following information:

• The date and time of the alleged incident
• The conduct charges being brought against the student under the Code
• A copy of the Student Code of Conduct
• The date and time for an initial meeting with an OCS staff member or their designee
• Notice that the student will receive a redacted copy of the report at least two business days prior to their meeting with the OCS staff member; however, they can affirmatively request a copy of such report prior to that time by emailing OCS.
• The name of the designated hearing officer, if a hearing officer has been assigned at that time.

Any meetings related to the case, including the initial meeting, will be scheduled when the student has no classes.

If, during the conduct process, OCS decides to charge a student with new violation(s) of the Code, OCS will send the student an updated notification and charge letter via email with all the information listed above. This updated letter will be sent at least two business days before a scheduled conduct meeting.

Preliminary meetings are set up to inform students where their case is being referred to be heard — either an administrative hearing or the University Conduct Board.

Cases are referred to these meetings/hearings/boards for a number of reasons:

• If the severity of the alleged violation and/or the student’s prior conduct history requires a board/hearing/meeting.
• If, during a Conduct Process Review, it is determined by the appeals officer that the case should be reheard via a board/hearing/meeting.

Due to confidentiality, OCS will not share any incident report physically or electronically with any student. However, all students have the right to read the incident report and review evidence before their meeting. Please email the Office of Community Standards to schedule a time to come read your report.

Each preliminary meeting will include the following:

1. Reading of the incident report
2. Review of the charges and why these policies are in place
3. Informing the student which process the case is being referred to
4. Information about the structure of the meeting/hearing/board
5. The date, time, and location for the meeting/hearing/board
6. Review of the Conduct Review (aka appeals) Process

During the initial meeting, the OCS staff member or their designee will explain the conduct process and inform the student of the alleged violation(s). The student will be provided the opportunity to accept responsibility for the alleged violation(s) during the intial meeting, but is not required to do so.

A single initial meeting will be held for an incident involving multiple students, unless otherwise determined by OCS. For incidents involving multiple students charged with the same violation(s), OCS may choose to hold a group meeting or individual meetings, based on the circumstances of the case and at the discretion of OCS.

If the student denies responsibility at the initial meeting, then OCS will schedule an Administrative Hearing or a University Conduct Board Hearing, where a determination of responsibility will be made. If the student accepts responsibility during the initial meeting, the conduct process will move directly to sanctioning.

In certain cases, OCS may gather additional evidence after a report is received and the notification and charge letter has been issued. Such evidence may be gathered in cooperation with the University Police, academic departments, Residential Life and Housing, and other relevant offices, agencies, and departments. Evidence gathering may also include interviewing witnesses

The parties involved in the conduct process will have the right to review evidence prior to any hearing. If new evidence is discovered, such evidence will be made available to the parties no more than three business days prior to any hearing.

Hearings

There are two types of hearings for student conduct cases:

(1) Administrative Hearings facilitated by OCS or other designated staff

(2) University Conduct Board (“UCB”) Hearings

OCS may designate staff members as hearing officers for student conduct matters. OCS refers alleged violations to the appropriate type of hearing. Hearings are not open to the public, including other members of the University community, parents, family members, or legal counsel, unless an individual is serving in an approved role, such as an advisor, in accordance with the conduct process.

During an Administrative Hearing, one to two trained hearing officers designated by OCS will review and discuss the case with the respondent. The Administrative Hearing will review the report, examine all gathered evidence, and hear from witnesses, if applicable. After the Administrative Hearing, the hearing officer(s) will evaluate the evidence gathered to determine if the respondent is responsible for the alleged violation(s) of the Code using the preponderance of the evidence standard.

If the student is found responsible for the alleged violation(s), the hearing officer(s) may impose appropriate sanction(s). The hearing officer’s or officers’ decision and the Officer of Community Standards will assign sanctions to the student within seven business days, unless the student has otherwise been informed by the University.

The student may appeal the decision and sanctions. For further information on the appeals process, please see page 11 of the Student Code of Conduct.

University Conduct Board (UCB) is composed of five members appointed by OCS or their designee for each UCB Hearing: one faculty member, one faculty or staff member, one university administrator (dean, VP, associate dean, or director), and two students. Together, these five members are referred to as the “Board.” Faculty members eligible to serve on the Board are drawn from a pool of three faculty representatives appointed by the Faculty Assembly.

OCS will select a chair of the University Conduct Board. The chair presides over the UCB Hearing, determines all procedural matters, and, along with other Board members selected for the hearing, determines the relevance of the testimony and evidence available.

During the UCB Hearing, the Board reviews relevant reports, documents, and evidence. The Office of Community Standards will appoint a student conduct administrator, who may be the Chair of the UCB or a member of OCS staff. The student conduct administrator presents the alleged violation(s) of the Code, and the respondent enters a plea of “responsible” or “not responsible” for each alleged violation. The Board then questions the respondent, followed by individuals appearing as witnesses (if any), which may include the complainant.

After the UCB Hearing, the Board deliberates in a closed session and evaluates the evidence gathered to determine if the respondent is responsible for the alleged violation(s) of the Code. The student conduct administrator is available during the deliberations to offer any assistance as requested by the Board. The determination that the respondent is responsible or not responsible requires a simple majority of votes.

The Board will recommend a finding of either “responsible” or “not responsible” for each alleged violation, as well as recommended sanctions if the respondent is found to be responsible. These recommendations are submitted to the OCS, which reviews and makes the final decision on both the findings and any sanctions imposed.

Within seven business days of the Board’s decision, the Office of Community Standards will notify the respondent via email of the outcome of the hearing and any sanctions imposed, unless the student has otherwise been informed by the University.

Board members are required to maintain the privacy of information shared during the student conduct process and shall not discuss student conduct records, votes taken, or hearing proceedings outside of deliberations and in communicating their decision to the OCS.