ÅÝܽÊÓƵapp

Conduct Review Process

This overview gives a general idea of how ÅÝܽÊÓƵapp conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible, and are not exactly the same in every situation, though consistency in similar situations is a priority. The Student Code of Conduct process and all applicable timelines commence with notice to an administrator of a potential violation of College conduct expectations.

NOTICE. Once notice is received from any source (victim, Resident Assistant, 3rd party, Responsible Authority, online, etc.), ÅÝܽÊÓƵapp will proceed with a preliminary inquiry and/or may schedule an initial educational conference with the responding student(s) to explain the conduct process and gather information.

Preliminary Inquiry and/or Educational Conference

ÅÝܽÊÓƵapp conducts a preliminary inquiry into the nature of the incident, complaint or notice, the evidence available, and the parties involved. The preliminary inquiry may lead to:

  1. A determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Student Code of Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code);
  2. A more comprehensive investigation, when it is clear more information must be gathered; or
  3. An educational conference facilitated by the Dean of Students or designee with the responding student.

When an initial educational conference is held, the possible outcomes include:

  1. A decision not to pursue the allegation based on a lack of or insufficient evidence. The matter should be closed and records should so indicate;
  2. An administrative resolution to an uncontested allegation (see immediately below);
  3. A decision to proceed with additional investigation and/or referral for a formal Conduct Committee Hearing for resolution.

If a decision on the allegation is made and the finding is that the responding student is not responsible for violating the Code, the process will end. The party bringing the complaint may request that the Dean of Students and/or, if allegation involves a Title IX violation, the Title IX Coordinator reopen the investigation and/or grant a Conduct Committee Hearing. This decision shall be at the discretion of the Dean of Students or designee and/or the Title IX Coordinator, if applicable, in consultation with each other and will only be granted for extraordinary cause.

If the College’s finding is that the responding student is in violation, and the responding student accepts this finding within five (5) business days; the administrator conducting the initial educational conference will then determine the sanction(s) for the misconduct, which the responding student may accept or reject. If accepted, the process ends.

If student accepts the findings, but rejects the sanction, ÅÝܽÊÓƵapp will conduct a sanction-only Conduct Committee Hearing to recommend a sanction to the Dean of Students team. The sanction is then reviewed and finalized by the Dean of Students team.

If the administrator conducting the educational conference determines that it is more likely than not that the responding student is in violation, and the responding student rejects that finding in whole or in part, the process moves to a formal Hearing.

If the responding student contests the findings determined during the preliminary inquiry, additional investigation may then be commenced and/or a hearing may be held when there is reasonable cause to believe that one or more Student Codes of Conduct have been violated. A formal notice of the complaint will be issued, and a hearing will be held before a Conduct Committee.  A finding will be determined and is final except in cases that involve Title IX or other discrimination allegations. In those cases, the hearing results serve as a recommendation to the Dean of Students or designee and, where appropriate, the Title IX Coordinator, who review and finalize the finding.   If the finding is that the responding student is not responsible, the process ends. Applicable appeals options are described in Section 12 of the Formal Conduct Procedures.

 

If the student is found in violation(s), sanctions will be recommended by the Conduct Committee to the Dean of Students Team and Title IX Coordinator when applicable, who will review and finalize the sanctions.

For detailed information about the Conduct Procedures, please refer to the Student Code of Conduct (PDF) manual.

Special Hearing Provisions for Sexual Misconduct, Discrimination and Other Complaints of a Sensitive Nature

All hearings under this sub-section will be conducted only by committee members trained on Title IX regulations, policies and protocol.Information specific to these issues, including information related to investigation and hearing processes, can be found on the Title IX Resources page