Any member of the University community or persons unaffiliated with the University may notify the Office of Student Conduct of a student’s violation of the University’s Student Conduct Code. Notifications must be made within one year (365 days) of the alleged violation in order for charges to be brought. However, charges under Section IV, A.1.D.: Stalking; and Section IV, A.1.E: Domestic/Dating Violence; and Section IV, A.1.F.: Sexual Misconduct may be brought at any time while the charged student is enrolled at the University. The University may independently investigate an allegation of student misconduct whether or not it has been submitted in writing and whether or not it is beyond the three hundred sixty-five days provided in this paragraph.
The University does not tolerate retaliation towards a University community member who has reported a potential conduct violation. Please see Section IV, A.1.c: Retaliatory Harassment.
Upon receipt of a complaint the Office of Student Conduct will review the complaint and gather the necessary information to determine if further action is appropriate. If it is determined that there is sufficient information to charge a student with a violation of the Code, charges will be brought and the case must be heard through resolution.
It is the policy of the University to inform both the complainant and the responding student of the outcome of any campus disciplinary proceeding involving sexual misconduct, stalking, dating/domestic violence and, subject to FERPA, other violent crimes, as provided under the Rights of Students, provided above. The complainant and respondent shall be provided with a written list of the Rights of Students.
Disciplinary flags may be set on a student’s record if a student fails to respond to notification of an alleged violation of the University’s Student Conduct Code; fails to complete sanctions; when the University is concerned that a student’s conduct affects the safety and well-being of the University community; or when a student is suspended or expelled from the University. When a disciplinary flag has been set, the student cannot register for classes and may not be eligible for other academic services until meeting with a Conduct Officer.
Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in the campus discipline process.
Once the review is complete, the review panel will provide its finding on responsibility and sanctions, if applicable, to the Director of Student Conduct or designee. The student respondent will be sent the finding in writing through University email. If the complaint involved stalking, dating/domestic violence, sexual misconduct, or certain violent crimes, the outcome will be shared simultaneously to the complainant and the responding student, in writing through University email.
The responding student (and complainant where the claim involves stalking, dating/domestic violence or sexual misconduct) has/have the right to appeal the outcome (see the Appeals Section).
A student may elect to be accompanied at all student conduct and investigation processes by a support person of his/her choice. A student should select a support person whose schedule allows attendance at the scheduled date and time for the meeting(s) because delays will not normally be allowed due to the scheduling conflicts of a support person. If a student elects to have an attorney present as their support person, it will be at the sole cost and expense of the student. The student must notify the Office of Student Conduct of who their support person is within one business day. Student conduct and/or investigative processes will not be scheduled based on a support person’s availability.
The role of the support person in all cases is limited to supporting the student during the conduct and/or investigative process. The support person may not speak on behalf of the student, answer questions directed to the student and/or address or ask the other party questions. At no time may the support person be a first hand witness to the incident(s) in question.
The student must direct all questions and/or concerns about any conduct and/or investigative process to the Conduct Officer or Investigator. Both the responding student and the complainant’s support person(s) are strictly prohibited from speaking directly with any administrator involved in making a determination on the incident, outside of the conduct/investigative process.
The University is committed to providing appropriate accommodations to students with disabilities so that all students have meaningful access to all University programs and services, including the Student Conduct Process.
All students with disabilities who are involved in the Student Conduct Process, including complainants and responding students, support person(s), witnesses may seek accommodations for any stage of the Student Conduct Process and/or Investigative Process. Any student requesting an accommodation must do so far enough in advance to allow the request to be reviewed and an appropriate accommodation identified and implemented. Although there is no firm deadline beyond which an accommodation cannot be requested, the student will be held accountable for making any request in a timely fashion: the University may not be able to provide an accommodation which is not requested at least five working days before the accommodation is needed. Accordingly, each student seeking an accommodation is strongly encouraged to do so as early as possible in the Student Discipline Process.
A request for accommodation shall be made to the Director of Disability Services (“Director”) or designee. The request will be reviewed by the Director, who will apply appropriate legal standards and University policies and procedures to determine what accommodation, if any, is appropriate. The student will be given an opportunity to have an interactive role in the review process—i.e., to discuss the request with the Director—before the Director completes the review. The Director may require the student to provide appropriate documentation from qualified health care professionals to support the request. In addition, the Director, in her/his discretion, shall consult as appropriate with the Conduct Officer or the Associate Dean of Student Affairs or their designee, or other experts of the Director’s choosing. The Director will make his/her determination in light of the student’s particular disabilities and the nature of the Discipline Process, as informed by any consultations, relevant documentation and relevant previous accommodations provided to the student. The student will be given an explanation of the Director’s determination.
If the student requesting accommodations disagrees with the Director’s determination on reasonable accommodations, he/she may appeal the determination to the Office of Equal Opportunity and Outreach within five (5) working days of the Director’s decision.