Student Conduct Process/Hearing Procedures
Conduct cases will be managed within the Office of Student Conduct and heard by a Conduct Educator (Conduct Officer), an Administrative Council or the Justice Council. Due to the explicit content and risks involved in such complaints, all conduct cases involving certain acts of violence, certain threats of violence and sexual misconduct will be heard by the Conduct Educator (Conduct Officer) or an Administrative Council.
The complainant in cases involving violence, threats of violence, sexual misconduct or abuse, domestic and/or dating violence, or stalking will receive the outcome of the case including pathway projects assigned.
The Conduct Educator (Conduct Officer), an Administrative Council or the Justice Council will hear information related to the case and determine if a violation has occurred. If so, they will determine what appropriate accountability measures should take place. Decisions of the Councils are based on a majority vote of the membership of the Council and shall be based exclusively on the information presented. The burden/standard of proof used to determine responsibility is the preponderance of the evidence or 50.01%.
Hearing decisions will be reported in writing to the accused party within five business days. In cases involving violence, threats of violence and sexual misconduct, both the complainant and the accused will be notified of the final decision and pathway projects. In the case of a sexual misconduct complaint, the complainant and the accused have an opportunity to request an appeal of the outcome of the case.
For Administrative Council or Justice Council hearings, both the complainant and the accused may bring one support person who may attend and advise the student but not present the student’s case. The support person has no standing in the proceedings but may provide advice to the respective student in a quiet manner that is not disruptive to the proceedings. The student must give the Director of Student Conduct notice in writing of his or her plans to bring a support person at least 24 hours before the start time of the hearing.
Some situations involving alleged Student Code of Conduct violations that occur within University housing will be managed by the Assistant Director of Housing and Residence Life. The Assistant Director of Housing and Residence Life will hear the case and determine if a violation has occurred. If the student is found to be in violation, the Assistant Director of Housing and Residence Life will also determine the appropriate level of accountability. Those violations include but are not limited to:
- Alleged violation for open containers in public areas of residence halls (lobbies, hallways, );
- Alleged violation for tampering with, damaging, disabling or misusing fire safety equipment including but not limited to fire extinguishers, fire sprinklers, fire hoses, fire alarms and fire doors in University housing;
- Alleged violation for failing to immediately evacuate University housing when a fire alarm or other emergency notification has been sounded or hindering or impairing the orderly evacuation.
Justice and Administrative Councils
Administrative and Justice Councils hear conduct cases involving violations of University rules and of the Student Code of Conduct by individual students or by student organizations. Most cases will be heard by the Director of Student Conduct. (The Director of Student Conduct will select which council is most appropriate for specific cases.) At the discretion of the Director of Student Conduct, a Justice Council may hear cases in place of an Administrative Council except in cases involving certain acts of violence, certain threats of violence and sexual misconduct. Cases involving certain acts of violence, certain threats of violence and sexual misconduct will be heard by the Director of Student Conduct or an Administrative Council with the Director of Student Conduct selecting which is most appropriate.
The Justice Council committee is composed of eight faculty representatives recommended by faculty senate, six staff members recommended by the Vice President for Enrollment & Student Affairs, and eight students recommended by staff within Student Life, and Housing and Residence Life. Quorum for non-academic justice council hearings will consist of four (4) faculty and/or staff member and two student members. Quorum for non-academic Administrative Council cases will consist of at least one (1) faculty representative and three (3) additional faculty or staff members from the Justice Council committee. Justice Council cases involving academic dishonesty must include only two faculty members, two student members and one staff member.
Faculty and staff Justice Council committee members are appointed for three years on a rotating basis. Students serve one year and may be reappointed.