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Office of the Dean of Students

Office of Residence Life and Housing Conduct Procedures

All student conduct proceedings are closed.  The university reserves the right to audiotape any conduct proceeding or investigative review. Further, the student must obtain permission from the judicial officer to audiotape the conduct proceeding.  Any audiotape that is made by the university may be listened to by the charged student, but not copied.

  1. Complaint

A judicial officer may initiate the conduct process on the basis of a written complaint filed by anyone, a Residence Life incident report, or a police report.

Upon receipt of the complaint or report, the judicial officer may conduct an investigation to decide whether there is substance to the allegations, whether the allegations fall within the jurisdiction of this policy, and whether conduct proceedings should occur.

  1. Notice
    1. The judicial officer shall initiate the conduct process by sending written notice to the student who is the subject of the report or complaint.  Notice to the student will be considered furnished once the Office of Residence Life and Housing follows these mailing guidelines.
    2. The notice shall include:

                                                               i.      A description of the alleged misconduct;

                                                             ii.      The conduct code provisions that are alleged to have been violated;

                                                            iii.      A date and time for the conference in which the student must meet with the judicial officer.  If the student is unable to meet during this time it will be the student’s responsibility to reschedule in advance of the conference.

  1. Conference
    1. At the conference, the judicial officer will explain the conduct process and answer any questions the student may have.  The judicial officer will review the complaint with the student.  The student shall have the opportunity to present documents and to explain his/her understanding of what happened.  The charged student and an alleged victim may provide an impact statement for consideration during the conduct proceedings.  The judicial officer may discuss the matter further with the charged student, conduct further investigation as needed, and based on evidence received, determine by a preponderance of evidence whether or not the student has violated the Student Conduct Code. If so, the judicial officer will determine the sanction.
  2. Evidence

 In order to find that a student has violated a standard of conduct, the burden of proof required is a preponderance of evidence, i.e. does the evidence demonstrate that it is more likely than not that the conduct occurred?  The hearing need not be conducted according to the technical rules of evidence.  Any relevant evidence may be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.  No evidence other than that received at the hearing or in conjunction with the conduct process shall be considered.

  1. Expedited Conference
    1. When the judicial officer determines that a prompt review is essential (e.g., end of the semester, the student is graduating, or there is substantial concern for the health, safety, or welfare of a member of the university community), the judicial officer may require that the student meet with him or her within 24 hours.
    2. In addition, notice may be initially given in these instances by an end of the semester contact form, by telephone, or by email. If the student fails to attend the conference in the time specified, the judicial officer can decide the outcome of the case in the student’s absence.