Administrative Student Conduct Process
Students involved in alleged misconduct that may involve a violation of the Code will be referred to the student conduct process.
The administrative student conduct process details the process taken by the University after receiving notification of a possible violation of the Code. The process includes:
- Pre-hearing conference,
- Administrative hearing, and
- Appeal process.
A complaint that is referred to the student conduct process does not have to result in an administrative hearing. If during the student conduct process it becomes clear that the information does not indicate a violation of the Code occurred the complaint may be closed.
1: Pre-Hearing Conference
Upon receiving information indicating a possible violation of the Code, the University will consider the information a complaint and initiate a student conduct process.
An SCA will be assigned to the accused student. The SCA will review the following with the accused student:
- Student rights in a student conduct process,
- The administrative student conduct process,
- The retaliation prohibited statement,
- The nature of the complaint,
- Campus and community resources available to the student, and
- Interim measures that may be imposed on the student.
The accused student will be given the opportunity to provide information regarding the complaint. The student may choose to proceed to an administrative hearing or indicate to the SCA that they have violated the Code.
If the student indicates that they have violated the Code, the SCA and the student may discuss appropriate sanctions and may informally resolve the complaint. If the SCA and the student agree to sanctions the sanctions will be imposed and an administrative hearing will not be scheduled. If the SCA and the student do not agree to sanctions an administrative hearing will be scheduled.
The SCA may determine that additional information is needed to make a determination as to whether or not a violation of the Code occurred, if so, the SCA may further investigate the complaint prior to scheduling an administrative hearing and/or refer the complaint to another SCA.
An administrative hearing will be scheduled between three and fifteen business days following the pre-hearing conference. The accused student may waive the minimum time requirement. The SCA may extend the maximum time requirement for an ongoing investigation or due to extenuating circumstances presented by the accused student.
2: Administrative Hearing
A: Administrative Hearing
- Hearings will be conducted in private.
- In hearings involving more than one accused student the SCA has the discretion to permit the hearings concerning each student to be conducted either separately or jointly.
- The accused student is responsible for presenting their own information, and therefore, personal advocates are not permitted to participate directly in the hearing. The personal advocate may offer support, guidance, and advice to the student in a manner that does not disrupt the proceedings.
- The accused student may present or arrange for witnesses to present pertinent information to the SCA. Pertinent information includes, but is not limited to, records, exhibits, and written statements.
- The SCA may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing, and in whatever manner, as determined to be appropriate in the sole judgment of the SCA.
- Formal rules of process, procedure, and/or technical rules of evidence, such as those that are applied in criminal or civil court, are not used in the Code proceedings. All procedure questions are subject to the final decision of the SCA.
B: SCA Decision
- After the administrative hearing concludes, in which all pertinent information has been received, the SCA will determine whether the accused student has violated the Code.
- The SCA may determine that more information is necessary before reaching a decision or that referral of the received information to another SCA is warranted, and, with notice to the accused student, continue or refer the investigation of the complaint.
- Any decision will be rendered to the student in writing within five business days of the conclusion of the administrative hearing. In hearings involving more than one student, the SCA has five business days from the date of the last hearing to render a decision.
3: Appeal Process
After being found in violation of the Code,the accused student has the right to appeal the outcome of the administrative student conduct process.
- Appeals of decisions made within the administrative student conduct process for individual students are made to the assistant dean of students.
- Appeals must be made in writing to the assistant dean of students within five business days after the notification of any administrative student conduct process decision. A notice of appeal will contain the student’s name and contact information, the date of the decision or action, the reason for appeal, and the name of the student’s personal advocate, if any.
- Grounds for appeal may be based on such things as:
- New information,
- Contradictory information, and/or
- Information that indicates the student in violation was not afforded due process (SBHE 514).
- The reason and rationale for an appeal should be clearly stated within the appeal. The appeal should indicate the desired outcome of the appeal.
- An appeal will be reviewed by the assistant dean of students or designee. The assistant dean of students or designee may consider the appeal, police reports, transcripts, the outcome of any civil or criminal proceedings directly related to the appeal, and information presented during the administrative student conduct process in their review of the appeal. The assistant dean of students or designee will make all decisions regarding the appeal.
- After reviewing the appeal, the assistant dean of students or designee will determine if a valid ground(s) for an appeal has been presented. If the assistant dean of students or designee determines the ground(s) presented are not valid, the appeal will be dismissed and the previously made decision is final.
- If it is determined that the ground(s) for appeal is valid, the dean of students or designee may:
- Modify the decision. The assistant dean of students or designee may overturn all or some of the decisions regarding violations of the Code and/or modify or vacate any sanction;
- Order a new hearing. The assistant dean of students or designee may void all or some of the determinations and call for a new student conduct hearing. The assistant dean of students or designee may provide specific instructions to those participating in the student conduct hearing regarding the rights of a student, the hearing process and/or information that is or is not relevant to the hearing; or
- Uphold the decision.
- The assistant dean of students or designee has ten business days from the receipt date of the appeal in which to issue a written determination on the appeal. Such written determination will be forwarded to the accused student and the SCA.
- The action of the dean of students or designee is final.
- In extraordinary circumstances when previously unknown information relative to the decision is made available the assistant dean of students or designee may choose to review a decision after the end of the appeal process. The assistant dean of students or designee will have the sole authority to determine what does and what does not constitute an extraordinary circumstance.