- Objectivity of panels. Administrative officers and panel members will disqualify themselves when unable to function fairly and objectively. A person’s prior contact with the Respondent or Reporting Party, or mere familiarity with relevant facts or a case are not normally valid reasons to grant a request for removal. A respondent or a reporting party may submit a request within two working days of the panel to the Director of CVRP or designee to disqualify an administrator or panel member for partiality. The Director’s decision will be final. If a student challenges the objectivity of a panel member during the proceeding, the Panel Chair whose member is challenged will decide such challenges unless the member challenged is the Chair. In such instances, the decision on disqualification will be decided by majority vote of the panel.
- Confidentiality and closed and open panels. The university conducts conduct proceedings in private; however, the Respondent may receive an open panel upon written request at least two working days in advance, when approved by the Director/designee, and when all parties sign a privacy waiver. (15) The Chair can close the panel if the presence of others interferes with the orderly conduct of the proceeding. In cases involving an alleged crime of violence, keep confidential the name of the respondent, the allegations, or the outcome of the conduct proceeding. (16) When such proceedings are closed, the reporting party will not reveal the names of the witnesses or panel members involved.
B. Combined or Multiple Violations
- Combined or “joint” panels. In cases where more than one student is referred for alleged violations for the same incident, the University can hold a single conference or panel on the matter but must determine findings for each respondent individually.
- Multiple allegations for the same conduct. A student should not face multiple allegations for the same conduct unless the alleged conduct violates two clearly distinguishable provisions in the Student Code.
- Multiple charges and single proceeding. The university may resolve multiple allegations at one time if they stem from the same incident or are based on a pattern of behavior close enough in time or related sufficiently by their nature to be reasonably resolved in a single proceeding. The Dean of Students/designee will decide questions about the use of a single proceeding to resolve multiple allegations.
- Alleged violations of honor and student conduct codes. Should an incident result in an allegation that a student has violated both the Honor Code and the Student Code of Conduct, the Dean of Students will decide whether the matter will be heard within the Student Conduct System or by the appropriate Honor Council. The system selected by the Dean will review all allegations and reach a final disposition. A respondent may not face more than one proceeding to determine the final disposition of a single incident.
C. Student Rights and Responsibilities During Process
- Honesty and cooperation. Students involved in conduct proceedings shall cooperate and be honest and complete in their answers. Failure to do so may be a violation of the Student Code and/or of the Honor Code. (17)
Presumption of “Not Responsible”. Respondents shall be presumed “not responsible” for the alleged violations until the appropriate panel/case administrator finds the respondent responsible after a careful assessment of the information presented and after determining the information provides proof that it is more likely than not that the respondent committed the violation(s).
- Access to student conduct records. The student’s conduct record is the property of the university. A student found responsible for violating university regulations or a reporting party considering an appeal can make an appointment during normal working hours to review materials in the case file. The student also can listen to copies of the recordings, if any, in the presence of an administrator, a Student Conduct Council member, or Honor Council member. The student can have legal counsel or one other clearly identified silent supporter present. The student/supporter cannot make unauthorized copies of the recording or of the contents of the conduct file.
- Withdrawal during process. The Director of CVRP or designee may notify a respondent who withdraws from the university after oral or written notification that an alleged violation is under investigation that a hold and/or transcript notation (“Withdrew With Alleged Code of Conduct Violations Pending”) will be placed on the Respondent’s transcript. Before the Director/designee places a notation on the transcript, the Director/designee will notify the student in writing and give an opportunity to meet with the Director/ designee to discuss the action. The Director/designee will remove the notation if the student resolves the matter. Normally, the university will not re-enroll the student unless the alleged violations have been resolved.
- Notice of pending case on transcript. In cases defined as “more serious” under the Code of Conduct, and in cases of alleged honor violations, the university may place a notice on the student’s transcript acknowledging the pending allegations. This notice will remain on the student’s transcript until the case is resolved.
D. Students with Disabilities.
The university is committed to providing reasonable accommodations for students with documented disabilities. Such accommodations may include, but are not limited to, administrative assistance, additional time, auxiliary aids or services, and/or an alternative to the formal resolution process. Students with disabilities who need reasonable modifications to address a suspected violation of the Honor Code are encouraged to meet with the Director of Student Accessibility Services (SAS)/designee as early in the process as possible to identify and plan specific accommodations. Students will be asked to provide medical documentation. The Director of SAS/designee will inform the Council of appropriate accommodation(s).
E. Failure to Appear
Failure to appear for appointments. If a respondent fails to make an appointment with the Case Administrator within three working days after being notified, fails to appear for a scheduled appointment, or otherwise fails to respond to a written direction to appear after being properly notified, the Case Administrator can submit an allegation of violation of Abuse of the Conduct System, and/or place a hold on the student’s records. In addition, the Case Administrator may set a date for an administrative conference without the student’s consultation to resolve the allegations.
- Notice. Proper notice will consist of an email sent to a student’s official university email account, written notice delivered through either Campus or U.S. Mail to an address in the Registrar’s records, or a letter delivered personally by university staff, including Residence Life student staff. In general, correspondence will be sent via email or to the student’s local address or Campus Station Unit (CSU) when classes are in session, and to the student’s home address when classes are not in session.
- Failure to appear for a conference/panel. If, after receiving proper notice of the date, time, and location of a panel or conference, a respondent fails to appear for a proceeding without justification for postponement (as determined by the Chair of the scheduled committee or administrator handling the case), the party will be deemed to have waived the right to appear, and the proceeding can proceed as scheduled. Absence of the respondent in such circumstances will not constitute sufficient grounds for an appeal.
F. Interim Measures
In certain circumstances, the Dean of Students or designee may impose interim measures, including but not limited to, a university or residence hall suspension prior to the resolution of a conduct case before the appropriate body.
Interim measures may be imposed to ensure the health or safety of the student or of other members of the university community, or if the student or recognized student organization poses an ongoing threat of disruption of, or interference with, the normal operations of the university.
- Interim Suspension of a Student: During an interim suspension, the student must leave the campus immediately and shall not participate in academic, extracurricular, or other activities of the university except as authorized by the Dean of Students or designee. During the period of interim suspension, the student is not permitted on the campus without prior written consent from the Dean or designee.
- Interim Suspension of a Student Organization: During an interim suspension, the organization shall not participate in any activities of the university except as authorized by the Dean of Students or designee.
After the university issues interim measures, the student/student organization’s designated student representative will be provided an opportunity to speak with the Dean of Students or designee to present information as to why the circumstances do not warrant the measures. When requested, the Dean/designee will schedule an administrative conference regarding the interim measures decision within ten working days or as soon as the student’s/organization’s condition permits. This conference will be limited to consideration of whether the imposition of the interim measures is appropriate. Following the conference, the Dean/designee may uphold the interim decision, modify the measures to allow resumption of limited activities, or lift the measures entirely. The Dean/designee’s decision regarding interim measures is final and not appealable.
CVRP will schedule the student/organization for an Information Session as soon as practicable following the interim measures decision.
See also Medical and Emotional Emergencies.
(15) The Respondent retains the right to disclose information regarding their own case; however, the Respondent does not have the right to discuss other students’ related cases without their written consent.