Disciplinary Process for Violation of Student Code of Conduct

 

Assailant is a University Student
If the alleged assailant is a University student, the victim (referring student) may file a complaint (called a referral) against the accused for violation of the Student Code of Conduct with the Campus Police. This referral may be resolved through an administrative meeting or a hearing. In addition, the accused student may face criminal charges.

In the absence of a referral, the University may proceed with an investigation and resolution of any reported acts of sexual assault, relationship violence, or stalking if the University determines that such investigation and resolution are necessary to ensure the safety and well-being of University community members.  In addition, the University has the authority to take disciplinary action for conduct occurring off-campus when the conduct, among other things, threatens the safety of the University community.

Student Disciplinary Process: From Initial Meeting Through A Hearing
Upon learning of an incident of sexual assault or harassment, relationship violence, or stalking, the Conduct Officer will meet with the victim to discuss confidentiality concerns and the conduct process in general. If the victim elects to file a referral against the accused student, the Conduct Officer will begin an investigation by meeting with the referring student and the accused student as necessary.

After the initial meeting with the accused student, the Conduct Officer will give the student adequate notice of, and an opportunity to review and respond to, the allegations outlined in the submitted referral. The Conduct Officer also will give both parties written notice of available on and off-campus medical, counseling, legal and other relevant resources and written notice about interim measures such as No Contact Orders and appropriate and available academic, housing, transportation, dining and working accommodations. In cases where the accused student’s conduct poses a threat to the University community, the Conduct Officer may impose an interim suspension that occurs immediately and that lasts until an investigation ends and/or the hearing is convened.

Both the accused student and the referring student will have the opportunity to review the evidence gathered during the investigation or submitted by the opposing party. Both students also may provide testimony and evidence at the hearing before unbiased board members who are trained annually on issues related to sexual violence, the hearing process, standards of evidence, credibility, and weight of evidence. The entire conduct process will be prompt and timely, with a general timeframe of 60 days for investigation and resolution, unless the University demonstrates good cause for the process to take longer. The Conduct Officer will notify both parties of any developments as appropriate. All matters before the Hearing Board will be judged using the preponderance of the evidence standard, which means, it is more likely than not that the Student Code of Conduct was violated. Complete information on the University judicial process can be found in the Student Code of Conduct in the Student Handbook.

Sanctions Available
Sanctions under the student disciplinary process and/or a Title IX investigation may include: disciplinary reprimand, permanent No Contact Order or Permanent Persona Non Grata status for some portion or all of Campus locations; counseling assessment; disciplinary probation for a specified period of time; housing dismissal; disciplinary suspension for a specified period of time; disciplinary dismissal from the University, as well as any other appropriate measures that support the University’s commitment to address, prevent, and end the effects of sexual assault, relationship violence and stalking. If the victim pursues legal action in the public court system, an accused student could face criminal penalties as well.

Assailant is a University Employee
If the alleged assailant is a University employee, and the victim is either a University employee or student, in addition to possible criminal legal action, the victim has the option to file a complaint with the Affirmative Action Officer and/or Title IX Liaison. In such a case, the Affirmative Action Officer and/or Title IX Liaison will conduct a prompt, fair and confidential investigation into the complaint, utilizing the preponderance of the evidence standard. The Affirmative Action Officer and/or Title IX Liaison will render findings, including any possible sanctions or consequences, to both parties simultaneously and in writing.

Non-retaliation
Retaliation against anyone involved in the investigation of alleged incidents of sexual misconduct, whether they are the referring individual, a witness, an investigator or anyone else is prohibited by the University’s Statement on Confidentiality and Non-Retaliation. This statement clarifies that all individuals in the involved investigation process are expected to honor the confidentiality of the process and the information involved.