Section VIII: Formal Conduct Procedures

The University is the convener of every action under this Code. Within that action, there are several roles. The responding student is the person who is alleged to have violated the Code. The party bringing the complaint, who may be a student, employee, visitor, or guest, may choose to be present and participate in the process as fully as the responding student. There are witnesses, who may offer information regarding the allegation. 

Any student may be accompanied by an advisor, but the student must represent her/himself during the conference.  If a student intends to be accompanied by an advisor who is an attorney, the student must notify the Dean of Students or designee at least two (2) business days prior to the scheduled conference in order for University counsel to be scheduled and present during the conference.  

A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this Code by the organization or its member(s):

• Take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or tacit;
• Have received the consent or encouragement of the organi­zation or of the organization’s leaders or officers; or
• Were known or should have been known to the membership or its officers.

Hearings for student groups or organizations follow the same general student conduct procedures. In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization.

1. For victims
   The University provides amnesty to victims who may be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result.
2. For those who offer assistance (Good Samaritan)
   To encourage students to offer help and assistance to others, the University pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Dean of Students, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.
3. For those who report serious violations
   Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the University are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result.  Abuse of amnesty requests can result in a decision by the Dean of Students not to extend amnesty to the same person repeatedly.

   Texas Wesleyan University will not take disciplinary action against a student who, in good faith, reports being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence or stalking, for a violation by the student of the Code occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the disciplinary process regarding the incident.

   This amnesty provision does not apply to a student who reports their own commission or assistance in the commission of sexual harassment, sexual assault, dating violence or stalking.

   Texas Wesleyan University reserves the right to investigate to determine whether a report of an incident of sexual harassment, sexual assault, dating violence, or stalking was made in good faith. Texas Wesleyan University has the discretion to determine good faith, but in no event will good faith exist if the student is found responsible for sexual harassment, sexual assault, dating violence or stalking at or near the time of the incident.  

4. Safe harbor
   The University has a Safe Harbor rule for students. The University believes that students who have a drug and/or addiction problem deserve help. If any University student brings their own use, addiction or dependency to the attention of University officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and the campus conduct processes will be initiated.

Any member of the University community, visitor, or guest may allege a policy violation(s) by any student for misconduct under this Code by notifying the Dean of Students and providing a statement.

Notice may also be given to the Dean of Students (or designee) and/or to the Title IX Coordinator, when appropriate. Additionally, administrators may act on notice of a potential violation whether a formal allegation is made or not. All allegations can be submitted by a victim or a third party, and should be submitted as soon as possible after the offending event occurs. The University has the right to pursue an allegation or notice of misconduct on its own behalf and to serve as convener of the subsequent campus conduct process.

The Dean of Students (or designee) will assume responsibility for the investigation of the alleged violation as described in the sub-section below.

Investigation is referenced in both steps 1 and 2 of Section VI above, with detailed investigation procedures described in this sub-section. The Dean of Students will appoint an investigator(s) for allegations under this Code.  (Note: For any complaint that falls under Title IX, [e.g. sex/gender discrimination, sexual misconduct, sexual assault] or involves any other form of discrimination, the Dean of Students will work under the direction of the Title IX Coordinator.)

The investigator(s) will take the following steps, if not already completed by the Title IX Coordinator, Dean of Students, or designee:

1. Initiate any necessary remedial actions on behalf of the victim (if any);
2. Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the alleged victim, or a University proxy or representative;
3. Conduct an immediate preliminary investigation to identify an initial list of all policies that may have been violated, to review the history of the parties, the context of the incident(s), any potential patterns and the nature of the complaint;
   • If the victim is reluctant to pursue the complaint, determine whether the complaint should still be pursued and whether sufficient independent evidence could support the complaint without the participation of the victim;
   • Notify the victim of whether the University intends to pursue the complaint regardless of their involvement, and inform the victim of their rights in the processand option to become involved if they so choose;
   • Preliminary investigation usually takes between 1-7 business days to complete;
4. If indicated by the preliminary investigation and authorized by the Dean of Students, conduct a comprehensive investigation to determine if there is reasonable cause to believe that the responding student violated University policy, and to determine what specific policy violations should serve as the basis for the complaint; 
   • If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action;
   • A comprehensive investigation usually takes between one day and two weeks;
5. Meet with the party bringing the complaint to finalize the party bringing the complaint’s statement, which will be drawn up by the investigator or designee as a result of this meeting;
6. Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding student, who may be given notice of the interview prior to or at the time of the interview;
   • Prepare the notice of alleged policy violation(s) on the basis of the reasonable cause determination, which may be delivered prior to, during or after the responding student is interviewed, at the discretion of the investigator(s);
7. Interview all relevant witnesses, summarize the information they are able to share and have each witness sign the summary to verify its accuracy;
8. Obtain all documentary evidence and information that is available;
9. Obtain all physical evidence that is available;
10. Complete the investigation promptly by analyzing all available evidence without unreasonable deviation from the intended timeline;
11. Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
12. Present the investigation report and findings to the responding student, who may:
    • accept the findings,
    • accept the findings in part and reject them in part,
    • or may reject all findings;
13. Share the findings and update the party bringing the complaint on the status of the investigation and the outcome when appropriate to do so.

The following options (1-3) describe how to proceed depending on whether the responding student is found responsible and whether the responding student accepts or rejects the findings and/or the sanctions either in whole or in part.

1. The Responding Student is Found “Not Responsible”:

   Where the responding student is found not responsible for the alleged violation(s), the investigation will be closed.  In matters involving sex/gender discrimination, the complainant may request that the Title IX Coordinator review the investigation file to possibly re-open the investigation or convene a hearing. The decision to re-open an investigation or convene a hearing rests solely in the discretion of the Title IX Coordinator in these cases, and is granted only on the basis of extraordinary cause.

2. The Responding Student is Found “Responsible”: 

   Where the responding student is found responsible for the alleged violation(s), the student conduct officer will then impose sanction(s).  Sanctions are intended to be educational, not punitive, but may include monetary fines if restitution is required.  

   • The Responding Student Accepts a Finding of “Responsible” and Accepts the Sanction(s): 

     Should the responding student accept the finding that they violated University policy, the administrator investigating the case will impose appropriate sanctions for the violation, having consulted with Dean of Students and/or Title IX Coordinator, as appropriate. In cases involving discrimination, sanctions will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the University community. If the responding student accepts these sanctions, the sanctions are implemented and the process ends.  There will be a three (3)-day period for review between the date of acceptance and when the resolution becomes final. Should the responding student decide to reject the sanctions within that time period, Option 2B, below, will apply. This outcome is not subject to appeal. 

   • The Responding Student Rejects the Findings or Sanctions: 

     If the responding student rejects either the finding of responsible or the resulting sanctions, they may appeal the decision(s).  Details on the appeals process and procedure are found in Section VIII.P below.

All hearings under this sub-section will be conducted by a three member administrative panel drawn from the panel pool. For sexual misconduct, discrimination and other complaints of a sensitive nature, whether the alleged victim is serving as the party bringing the complaint or as a witness, alternative testimony options may be provided, such as placing a privacy screen in the hearing room or allowing the alleged victim to testify from another room via audio or audio/video technology. While these options are intended to help make the alleged victim more comfortable, they are not intended to work to the disadvantage of the responding student.

The past sexual history or sexual character of a party will not be admissible by the other parties in hearings unless such information is determined to be highly relevant by the panel Chair. All such information sought to be admitted by a party or the University will be presumed irrelevant until a showing of relevance is made, in advance of the hearing, to the Chair. Demonstration of pattern, repeated, and/or predatory behavior by the responding student, in the form of previous findings in any legal or campus proceeding, or in the form of previous good faith allegations, will always be relevant to the finding, not just the sanction. The parties will be notified in advance if any such information is deemed relevant and will be introduced in the hearing.

The party bringing any complaint alleging sexual misconduct, other behavior falling with the coverage of Title IX and/or a crime of violence will be notified in writing of the outcome of a hearing, any sanctions assigned and the rationale for the decision.

Once a determination is made that reasonable cause exists for the Dean of Students (or designee) to refer a complaint for a hearing, notice will be given to the responding student. Notice will be in writing and may be delivered by one or more of the following methods: in person by the Dean of Students (or designee); mailed to the local or permanent address of the student as indicated in official University records; or emailed to the student’s University -issued email account. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered. The letter of notice will:

1. Include the alleged violation and notification of where to locate the Code of Student Conduct and University procedures for resolution of the complaint; and
2. Include a time, date, and location of an educational conference.  The letter will also direct the responding student to contact the Dean of Students (or designee) within a specified period of time if in conflict with the scheduled conference. This time period will generally be no less than two days from the date of delivery of the summons letter.
   • The educational conference with the Dean of Students (or designee) may be arranged to explain the nature of the complaint and the conduct process. At this meeting, the responding student may indicate, either verbally or in writing, to the Dean of Students (or designee), whether they admit to or deny the allegations of the complaint.

Under the Code of Student Conduct, the Dean of Students or designee may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property and/or to prevent disruption of, or interference with, the normal operations of the University. Interim actions can include separation from the institution or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct.  A student who receives an interim suspension may request a meeting with the Dean of Students or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with the scheduling of a campus hearing.

During an interim suspension, a student may be denied access to University housing and/or the University campus/facilities/events. As determined appropriate by the Dean of Students, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the Dean of Students and with the approval of, and in collaboration with, the appropriate faculty or academic dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.

The following sub-sections describe the University’s conduct hearing processes. Except in a complaint involving failure to comply with the summons of the Dean of Students (or designee), no student may be found to have violated the Code of Student Conduct solely as a result of the student’s failure to appear for a hearing. In all such instances, conduct hearings will proceed as scheduled and the information in support of the complaint will be presented to, and considered by, the Dean of Students, Administrative Hearing Officers or Administrative Conference Officers (AHO/ACO), or panel presiding over the hearing.

Where the responding student admits to violating the Code of Student Conduct, the Dean of Students (or designee) may invoke administrative hearing procedures to determine and administer appropriate sanctions without a formal hearing. This process is also known as an administrative conference. In an administrative conference, complaints will be heard and determinations will be made by the Dean of Students or designee.

Where the responding student denies violating the Code of Student Conduct, a formal resolution will be conducted as described in Section VI.B. A hearing will be held by a student conduct officer (or in special cases and as designated by the Dean of Students, the Student Conduct Panel).  Students who deny a violation of the Code will be given a minimum of five (5) days to prepare unless all parties wish to proceed more quickly. Preparation for a formal hearing is summarized in the following guidelines:

1. Notice of the time, date and location of the hearing will be in writing and may be delivered by one or more of the following methods: in person by the Dean of Students (or designee); mailed to the local or permanent address of the student as indicated in official University records; or emailed to the student’s University-issued email account. Once mailed, emailed, and/or received in-person, such notice will be presumptively delivered.
2. If a responding student fails to respond to notice from the Dean of Students (or designee), the Dean of Students (or designee) may initiate a complaint against the student for failure to comply with the directives of a University official and give notice of this offense. Unless the student responds to this notice within two (2) days by answering the original notice, an administrative conference may be scheduled and held on the student’s behalf. As a result, the student may be administratively withdrawn from attending classes and/or a disciplinary hold may be placed on their University account, deeming them ineligible to register for courses or University housing until such time as the student responds to the initial complaint.
3. In the event of a hearing with the Student Conduct Panel:
   • In the event of hearing with the Student Conduct Panel, at least three (3) days before any scheduled formal hearing, the following will occur:
     • The responding student will deliver to the Dean of Students (or designee) a written response to the complaint;
     • The responding student will deliver to the Dean of Students (or designee) a written list of all witnesses for the University to call;
     • The responding student will deliver to the Dean of Students (or designee) all physical evidence the student intends to use or needs to have present at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Dean of Students (or designee) can arrange for its presence;
     • The party bringing the complaint will deliver to the Dean of Students (or designee) a written list of all witnesses for the University to call at the hearing;
     • The party bringing the complaint will deliver to the Dean of Students (or designee) all items of physical evidence needed at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Dean of Students can arrange for its presence;
     • The party bringing the complaint and the responding student will notify the Dean of Students (or designee) of the names of any advisors/advocates who may be accompanying the parties at the hearing.

• The Dean of Students (or designee) will ensure that the hearing information and any other available written documentation is shared with the parties at least two (2) days before any scheduled hearing. In addition, the parties will be given a list of the names of all the panelists in advance. Should any party object to any panelist, that party must raise all objections, in writing, to the Dean of Students immediately. Hearing officers will only be unseated if the Dean of Students concludes that their bias precludes an impartial hearing of the complaint. Additionally, any panelist who feels they cannot make an objective determination must recuse themselves from the proceedings. 

In the event that a Student Conduct Panel is determined as the best course of formal resolution, the following procedures will be followed.  The Dean of Students will appoint one panelist as the Chair for the hearing. The parties have the right to be present at the hearing; however, they do not have the right to be present during deliberations. If a student cannot attend the hearing, it is that student’s responsibility to notify the Dean of Students (or designee) no less than three (3) days prior to the scheduled hearing to arrange for another date, time and location. Except in cases of grave or unforeseen circumstances, if the responding student fails to give the requisite minimum three (3) day notice, or if the responding student fails to appear, the hearing will proceed as scheduled. If the party bringing the complaint fails to appear, the complaint may be dropped unless the University chooses to pursue the allegation on its own behalf, as determined by the Dean of Students.

The Dean of Students (or designee), the Chair, and the Student Conduct Panel will carry out panel hearings according to the following guidelines:

1. Hearings will be closed to the public.
2. Admission to the hearing of persons other than the parties involved will be at the discretion of the panel chair and the Dean of Students.
3. In hearings involving more than one responding student, the standard procedure will be to hear the complaints jointly; however, the Dean of Students may permit the hearing pertinent to each responding student to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each responding student.
4. The parties have the right to an advisor/advocate of their own choosing, including attorneys. Typically advisors are members of the campus community, but the parties may select whomever they wish to serve as their advisor. The advisor may not make a presentation or represent the party bringing the complaint or responding student during the hearing. They may confer quietly with their advisee, exchange notes, clarify procedural questions with the chair and suggest questions to their advisee.
5. The party bringing the complaint, the responding student, the panel, and the Dean of Students (or designee) will have the privilege of questioning all present witnesses and questioning all present parties (directly or through the Chair, at the discretion of the Chair). Unduly repetitive witnesses can be limited at the discretion of the panel Chair and/or the Dean of Students, or designee.
6. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the panel and the Dean of Students. Formal rules of evidence are not observed. The panel Chair and/or the Dean of Students, or designee, may limit the number of character witnesses presented or may accept written affidavits of character instead.
7. All procedural questions are subject to the final decision of the Dean of Students or panel Chair.
8. After a panel hearing, the panel will deliberate and determine, by majority vote, whether it is more likely than not that the responding student has violated the Code of Student Conduct. The Dean of Students (or designee) will be present and available as a resource during all deliberations. Once a finding is determined, if the finding is that the responding student is responsible for a policy violation, the panel will determine an appropriate sanction(s). The Dean of Students (or designee) is responsible for informing the panel of applicable precedent and any previous conduct violations or other relevant pattern information about the responding student. The panel Chair will prepare a written deliberation report and deliver it to the Dean of Students, detailing the recommended finding, how each member voted, the information cited by the panel in support of its recommendation, and any information the panel excluded from its consideration and why. This report should conclude with any recommended sanctions. This report should not exceed two pages in length and must be submitted to the Dean of Students within two (2) days of the end of deliberations.
9. The Dean of Students will consider the recommendations of the panel, may make appropriate modifications to the panel’s report and will then render a decision and inform the responding student and party bringing the complaint (if applicable by law or University policy) of the final determination within seven (7) days of the hearing. Notification will be made in writing and may be delivered by one or more of the following methods: in person by the Dean of Students (or designee); mailed to the local or permanent address of the student as indicated in official University records; or emailed to the student’s University-issued email account. Once mailed, emailed, and/or received in-person, such notice will be presumptively delivered. In cases of sexual misconduct and other crimes of violence, notice of the outcome will be delivered to all parties simultaneously, meaning without substantial delay between the notifications to each.
10. There will be a single verbatim record, such as an audio recording, for all panel hearings. Deliberations will not be recorded. The record will be the property of the University and maintained according to the University’s record retention policy. 

One or more of following sanctions may be imposed upon any student for any single violation of the Code of Student Conduct:

1. Warning: An official written notice that the student has violated University policies and/or rules and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at the University.
2. Restitution: Compensation for damage caused to the University or any person’s property. This could also include situations such as failure to return a reserved space to proper condition (labor costs and expenses). This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
3. Community/University Service Requirements: For a student or organization to complete a specific supervised University service.
4. Loss of Privileges: The student will be denied specified privileges for a designated period of time.
5. Confiscation of Prohibited Property: Items whose presence is in violation of University policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of the Dean of Students and/or Campus Security.
6. Behavioral Requirement: This includes required activities including, but not limited to, seeking academic counseling or substance abuse screening, writing a letter of apology, etc.
7. Educational Program: Requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Audience may be restricted.
8. Restriction of Visitation Privileges: May be imposed on a resident or non-resident student. The parameters of the restriction will be specified.
9. University Housing Probation: Official notice that, should further violations of Residence Life or University policies occur during a specified probationary period, the student may immediately be removed from University housing. Regular probationary meetings may also be imposed.
10. University Housing Reassignment: Reassignment to another University housing facility. Residential Life personnel will decide on the reassignment details.
11. University Housing Suspension: Removal from University housing for a specified period of time after which the student is eligible to return. Conditions for re-admission to University housing may be specified. Under this sanction, a student is required to vacate University housing within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Assistant Dean of Students for Residence Life. This sanction may be enforced with a trespass action if deemed necessary. Prior to reapplication for University housing, the student must gain permission from the Assistant Dean of Students for Residence Life. This sanction may include restrictions on visitation to specified buildings or all University housing during the suspension.
12. University Housing Expulsion: The student’s privilege to live in, or visit, any University housing structure is revoked indefinitely. This sanction may be enforced with a trespass action if deemed necessary.
13. University Level 1 Conduct Probation: The student is put on official notice that, should further violations of University policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.
14. University Level 2 Conduct Probation: The student is put on official notice that for the remainder of their academic career, should further violations of University policies occur the student is likely to face suspension or expulsion. Regular probationary meetings may also be imposed.  This sanction results in a permanent conduct record and good standing is permanently removed.
15. Eligibility Restriction: The student is deemed “not in good standing” with the University for a specified period of time. Specific limitations or exceptions may be granted by the Dean of Students and terms of this conduct sanction may include, but are not limited to, the following:
    • Ineligibility to hold any office in any University-recognized student organization or hold an elected or appointed office at the University; or
    • Ineligibility to represent the University to anyone outside the University community in any way including: participating in the study abroad program, attending conferences, or representing the University at an official function, event, or intercollegiate competition as a player, manager or student coach, etc.
16. University Suspension: Separation from the University for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to, and at the discretion of, the Dean of Students or Assistant Dean. During the suspension period, the student is banned from university property, functions, events, and activities without prior written approval from the Dean of Students or Assistant Dean. This sanction may be enforced with a trespass action as necessary.  This sanction results in a permanent conduct record, good standing is permanently removed, and it will be noted as an Administrative Suspension on the student’s official academic transcript.
17. University Expulsion: Permanent separation from the University. The student is banned from university property and the student’s presence at any University-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary.  This sanction results in a permanent conduct record, good standing is permanently removed, and it will be noted as an Administrative Expulsion on the student’s official academic transcript.
18. Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the Dean of Students or Assistant Dean.

The following sanctions may be imposed upon groups or organizations found to have violated the Code of Student Conduct:

1. One or more of the sanctions listed above, specifically 1 through 9 and 16 through 19; and/or
2. Deactivation, de-recognition, loss of all privileges (including status as a University registered group/organization), for a specified period of time.

The University reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or other drug violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.

The outcome of the student conduct process is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions.  As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non-forcible sex offense, the University will inform the alleged victim/complainant in writing of the final results regardless of whether the University concludes that a violation was committed. Such release of information may only include the alleged student’s/respondent’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sex/gender discrimination, sexual misconduct, and other offenses covered by Title IX, only, the rationale for the outcome will also be shared with all complainants in addition to the finding and sanction(s).

In cases where the University determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or non-forcible sex offense, the University may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include:

1. Arson
2. Assault offenses (includes stalking)
3. Burglary
4. Criminal Homicide—Manslaughter by Negligence
5. Criminal Homicide—Murder and Non-negligent Manslaughter
6. Destruction/Damage/Vandalism of Property
7. Kidnapping/Abduction
8. Robbery
9. Forcible Sex Offences
10. Non-forcible Sex Offences

All students, as members of the University community, are expected to comply with conduct sanctions within the timeframe specified by the Dean of Students (or designee) or Administrative Hearing/Conference Officer. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions and/or suspension from the University.  In such situations, residential students will be required to vacate University housing within twenty-four (24) hours of notification by the Dean of Students, though this deadline may be extended upon application to, and at the discretion of, the Assistant Dean of Students for Residence Life and/or the Dean of Students. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the Dean of Students or Assistant Dean of Students.

A student may request an appeal of the findings and/or the sanctions from the Administrative Conference by completing the requisite form (found here) which submits it electronically to the Dean of Students office.  Appeal requests are subject to the procedures outlined below and cases that apply to the Unified Harassment and Discrimination policy will follow the appeal process articulated therein.

In the matters of sex/gender discrimination, sexual misconduct, domestic violence, intimate partner/relationship violence, or stalking, the complainant may also request an appeal of the findings and/or sanctions.

Grounds for Appeal Requests

Appeal requests are limited to the following grounds:

1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction.  A summary of this new evidence and its potential impact must be included; or
3. The sanctions imposed are substantially disproportionate to the severity of the violation.

Appeals must be filed with the Dean of Students office within three (3) business days of the notice of the outcome to the hearing, barring exigent circumstances. Any exceptions are made at the discretion of the Dean of Students and, when appropriate, the Title IX Coordinator.

The Dean of Students will share the appeal by one party with the other party (parties) when appropriate under procedure or law (e.g., if the responding student appeals, the appeal is shared with the complainant, who may also wish to file a response, request an appeal on the same grounds or different grounds). For appeal requests of administrative hearings, the Dean of Students will refer the request(s) to the appropriate Appeal Review Officer, which may include the supervisor of the administrator, the Assistant Dean of Students, the Vice President for Student Affairs, or the University President.  The administrator who heard and adjudicated the case will also draft a response memorandum to the appeal request(s), based on the determination that the request(s) will be granted or denied, and why. All request-related documents are shared with all parties prior to submission to the Appeal Review Officer.

If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final. If the appeal has standing, the Appeal Review Officer determines whether to hear the appeal or to remand it to the original decision-maker(s), typically within 3-5 business days. Efforts should be made to use remand whenever possible, with clear instructions for reconsideration only in light of the granted appeal grounds. Where the original decision-maker may be unduly biased by a procedural or substantive error, a new decision-maker (Panel or Administrative Hearing Officer) will be constituted to reconsider the matter, which can in turn be appealed, once.  Where new evidence is presented or the sanction is challenged, the Appeals Review Officer will determine if the matter should be returned to the original decision-maker for reconsideration.  In review, the original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party(ies) to show clear error.

On reconsideration, the original decision-maker may affirm or change the original findings and/or sanctions according to the permissible grounds. Procedural or substantive errors should be corrected, new evidence should be considered, and sanctions should be proportionate to the severity of the violation and the student’s cumulative conduct record.

All decisions of the Appeals Review Officer are to be made within five (5) days of submission and are final, as are any decisions made by the original hearing body, Dean of Students, or Title IX Coordinator as the result of reconsideration consistent with instructions from the Appeal Review Officer.

All conduct records are maintained by the University for seven (7) years from the time of their creation except those that result in separation (suspension or expulsion, including from housing) and those that fall under Title IX, which are maintained indefinitely. 

This Code of Student Conduct was approved on April 22, 2016 by the Board of Trustees, and implemented on April 29, 2016.