C O N T E N T S
Community Standards & the Student Conduct System
The overriding principle of the UArts Student Code of Conduct is the promotion of a civil educational environment for all community members. The UArts Student Code of Conduct acknowledges that every student has both the freedoms and the responsibilities of being an adult student-artist.
As appropriate to an institution of higher education, standards of performance and social conduct are generally more demanding than those required of the general public. The university places great value on freedom of expression, but also recognizes the responsibility to protect the values and structures of an academic community. It is important, therefore, that students assume responsibility for helping to sustain an educational and social community where the rights of all are respected.
By registering at University of the Arts, each student agrees to comply with all regulations pertaining to university operations, and those that are listed in the University Catalogue, Student Handbook, or course syllabi.
The Student Conduct process is an administrative, educational process informed by legal and compliance requirements.
Students share responsibility for upholding community standards and are expected to participate in good faith with the investigation and adjudication processes meant to resolve a code allegation. Decisions about whether a student or group is responsible for a conduct violation are based on a preponderance of the evidence standard meaning: The allegation is supported by evidence that sufficiently demonstrates that it is more likely than not that a violation occurred. Without sufficient evidence, a student or group will be found not responsible. No sanction shall be brought against a student accused of a violation of the Student Code of Conduct. Students wishing to appeal academic sanction decisions made by faculty members should consult the Academic Grievance Procedure section of the University Catalogue for guidelines.
Should a student’s presence on campus create a threat to the safety or well-being of other members of the University of the Arts community, the university reserves the right to issue interim sanctions as outlined in this handbook until the time of a hearing. Additionally, the university reserves the right to resolve a case and sanction a student, including through suspension, without a hearing where such action is deemed necessary or appropriate by the president of the university.
The following definitions only refer to the University of the Arts conduct review procedures and processes.
- The term “university” means the University of the Arts.
- The term “student” includes full- and part-time students pursuing undergraduate or graduate studies, and persons who are not officially enrolled during a particular term but maintain a continuing relationship with the university.
- The term “university official” includes any person employed by the university or an outsourced auxiliary service who performs assigned administrative or professional responsibilities, including conducting classroom activities.
- The term “Campus Life staff” includes community assistants, resident assistants, coordinators, directors, on-call staff and the senior director for student engagement.
- The term “member of the university community” includes any person who is a student, faculty member, university official or any other person employed by the university, including any university auxiliary service employee and vendors.
- The term “university premises” includes all land, buildings, facilities and other property in the possession of, owned, used or controlled by the university.
- The term “university organization” means any number of persons who have complied with the formal requirements for university recognition/registration.
- The terms “student conduct administrator” and “hearing body” means any person or persons authorized to determine whether a student has violated the Student Code of Conduct, recommend imposition of sanctions, and exercise disciplinary action following a proper hearing.
- The term ” respondent” includes any person who is alleged to have violated University of the Arts policy or any local, state, or federal law that has resulted in adjudication
- The term “complainant” includes any person who reports an incident of a violation of a University of the Arts policy or any local, state, or federal law that may result in adjudication
- The term “appellate body” means any person or persons authorized to consider the appeal of a hearing body’s determination that a student has violated the Student Code of Conduct or sanctions imposed.
- The term “university policy” is defined as the written regulations of the university as found in, but not limited to, the University Catalogue and Student Handbook.
- The term “preponderance of the evidence” is defined as whether it is “more likely than not” that the respondent is responsible for the alleged violation(s) based upon the information provided at the adjudication
Jurisdiction of the University Conduct System
The University Conduct System will hear complaints concerning violations of university policy or regulations whenever the conduct in question occurs in any of the following circumstances.
- If the conduct occurs on the campus or in any university facility
- If the conduct occurs while the student who is charged was attending or participating in any university-related activity, i.e., studying abroad, a field trip, a social event or an activity sponsored by a recognized student organization
- If the conduct occurs online including through social media accounts
- If the conduct occurs off-campus, and its effects extend to the university’s educational environment
- The fact that a student’s conduct may also constitute a crime in violation of local, state or federal law does not limit the ability of the university to discipline the student for that conduct. Therefore, the university reserves the right to submit a complaint to the conduct review system even if the same conduct is or may become the subject of a criminal case.
Student Code of Conduct
In addition to the policies listed in various sections of this handbook, the University of the Arts Student Code of Conduct outlines behaviors that are prohibited at the university. The specific items are not meant to serve as an exhaustive list, but as a general guideline for addressing student behavior. The university reserves the right to address other behaviors that occur that are considered detrimental to the learning environment and/or the health and safety of the university community.
To that end, prohibited behavior at University of the Arts includes the following.
- Academic dishonesty or misconduct as described in the University Catalogue, the Student Handbook, and all other rules governing university facilities, programs and services
- Conduct prohibited by the Academic Integrity Policy, as outlined in Section 2
- Violation of policies as described in the University Catalogue, the Student Handbook and all other rules governing university facilities, programs and services
- Access to Facilities
- Unauthorized entry, whether peacefully or by force, into a prohibited area or residence hall in which there is no documented reason for being present
- Consumption by underage persons on or off campus
- Consumption on campus or possession of alcoholic beverages or containers intended to contain alcoholic beverages, whether empty of alcohol or used for purposes other than holding alcohol or not, regardless of age
- The sale or trade of alcohol on campus property or to members of the University of the Arts community
- Audio and Visual Recording
- Unauthorized recording of classroom or other academic activities
- Misuse of classroom recordings, including but not limited to copying, reproducing, displaying or distributing course materials without expressed authorization from a faculty or staff member
- Maintaining or attempting to maintain an unauthorized vehicle on University of the Arts property
- Knowingly storing a bicycle, scooter, or other permitted vehicle in an unauthorized location or without the expressed permission of a residence hall roommate
- Knowingly present for or associated with any act prohibited by the Student Code of Conduct
- Intentional behaviors, actions, or statements used with the intent to deceive of conceal any act of another that is prohibited by the Student Code of Conduct
- Computer and Technology Misuse
- Attempting to alter system, hardware, software or account configuration
- Accessing or monitoring another individual’s accounts, files, software, electronic mail or computer resources without the permission of the owner
- Misrepresenting one’s own identity or role or the identity of any other person in any type of electronic communication
- Intentionally or negligently revealing passwords or permitting another to use one’s personal account
- Altering, destroying communications or intentionally compromising the security of electronic information passing through the UArts network
- Misrepresenting or implying that the content of a personal home page constitutes the views or policies of the university or altering the university’s official website or related pages without prior authorization in writing
- Misusing the university’s computing resources so as to reduce their efficiency or to affect access to the detriment of other users
- Producing chain letters or broadcasting messages to individuals or lists of users, or producing any communication that interferes with the work of others
- Breaching or attempting to breach computer security systems, with or without malicious intent
- Engaging in any activity that might be harmful to systems, the network or to any stored information such as creating or propagating viruses, worms, Trojan horses or other rogue programs, disrupting services, or damaging files.
- Wasting system resources or overloading the UArts network with extra data
- Violating copyright and/or software license agreements
- Using computing resources for commercial or profit-making purposes without the written authorization of the university
- Downloading or posting to university computers, or transporting across university networks, material that is illegal, proprietary, in violation of university contractual agreements or in violation of university policy
- Violating local, state or federal laws
- Consumption or possession of illegal drugs on or off campus
- The sale, distribution or trade of illegal drugs on campus property or to members of the University of the Arts community
- Possession of drug paraphernalia
- Being in the presence of illegal drugs
- Discrimination and Discriminatory Harassment
- Disruptive Behavior
- Loud, threatening, or aggressive behavior, or other behavior that disrupts the teaching, research, administration, other university activities, or activities authorized to take place on university property. Any activity that disturbs the peace and/or impedes the rights of another person(s).
- Obscene or indecent behavior, conduct, or expressions made by any means
- Behavior which substantially interferes with, negatively impacts, or obstructs the safety, viewing, or ability to participate or enjoy a university event.
- Dissent and Demonstrations
- Interference with the rights of students, faculty, staff or guests of the university
- Disruption or obstruction of educational and other activities of the university
- Obstruction or restriction of free movement of persons on any part of the university campus
- Interference with the proper use of offices or other facilities to the students, faculty, trustees, staff or guests of the university
- Endangerment the safety of any person at the university via threat or result in the destruction of property.
- Falsification and Fraudulent Activity
- Withholding relevant information from any University Official, Hearing Body, or non-University law enforcement officers.
- Providing false or misleading information from any University Official, Hearing Body, or non-University law enforcement officers.
- Misuse, reproduction, alteration, or forgery of any identification documents or cards, keys, or University property.
- Providing or attempting to provide counterfeit documents, signatures, or any other fraudulent document to a university department or official
- Permitting another person to use one’s identification information.
- Misuse or possession of false identification information.
- Any other acts of falsification, fraud, or misrepresentation.
- Fire Safety
- Possession of a prohibited item without official authorization and supervision by university officials
- Tampering with alarm-pull stations or use of fire equipment in any manner for which it was not intended or without just cause
- Failing to evacuate from a building during a fire alarm
- Playing a game for money or property or otherwise placing a bet on an uncertain outcome on university property or at a university-sponsored event
- Guests and Visitation
- Failure to escort any guest(s) and visitor(s) at all times in the building, including when they exit the building, or leaving guest(s) or visitor(s) in a space unoccupied
- Failing to sign in or improperly signing in any guest(s) or visitor(s) or failing to resign in any guest(s) or visitor(s)
- Behavior of any guest(s) or visitors(s) which results in a violation of any university policy
- Pressuring or forcing a resident to tolerate the presence of any guest or visitor
- Restriction of free access for assigned residents to all common spaces and any private space they may have, or create any situation that infringes on the need of roommates to remain undisturbed
- Harmful Behavior
- Inflicting or threatening physical harm, which is defined as causing reasonable expectation of injury to the health or safety of another person or when contact is made resulting in harm or injury or endangering the health or safety of any person.
- Inflicting verbal harm, which is defined as verbal, written, or electronic abuse, threats, intimidation, coercion or conduct that would reasonably cause another person to feel alarm or fear or interfere with the ability to learn. This may also include shouting, yelling, or threatening in a hostile manner, or using belligerent and abusive language towards another.
- Inflicting or threatening mental harm, which is defined as any act which intentionally demeans, degrades, or disgraces any person, or causes a reasonable person to believe that the offender will cause mental harm.
- Intimidating another individual, which is defined as causing reasonable fear of harm in another through implied or explicit threats or acts.
- Engaging in harassing behavior, which is not based on a protected category, toward another individual which is severe, pervasive, and persistent to the extent that a reasonable person would be prevented from accessing any educational opportunity or benefit.
- Engaging in bullying behavior, which is defined as repeated, intentional behavior, or meant to be done in jest or humor, which reasonably results in intimidation, harm, or control of another person physically, socially, mentally or emotionally that is not protected by freedom of expression. Bullying may be conducted through a variety of media, including, but not limited to, physical, written, visual, electronic (e.g., texting, social media)
- Condoning or encouraging harmful behavior as defined above to occur or failing to report an act of harmful behavior.
- Any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation, admission into or affiliation with any organization or enhancing a minor’s or student’s membership or status in an organization.
- Conduct which causes, coerces or forces a minor or a student to violate federal or state criminal law
- Consumption of any food, liquid, alcoholic liquid, drug or other substance that subjects a minor student to a risk of emotional or physical harm
- Inflicting brutality of a physical nature, including whipping, beating, branding, calisthenics or exposure to the elements
- Inflicting brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual; sleep deprivation; exclusion from social contact or conduct that could result in extreme embarrassment
- Inflicting brutality of a sexual nature
- Participation of any other activity that creates a reasonable likelihood of bodily injury to the minor or the student.
- Intentionally interfering with University investigations or records, or Community Standards proceedings
- Examination, possession, alteration, or destruction of University investigation records, evidence, or investigative material without prior authorization from Campus Life, Student Affairs or designee.
- Working with another individual or individuals to impede an investigation into alleged violations of the Student Handbook committed by another Student or Registered Student Organization
- Pets and Animals
- Owning or permitting pets of any kind to be kept in the residence halls
- Use of live or dead animals in pranks or for amusement or ceremony or use of animal materials, by-products or bodily fluid.
- Posting any material in University of the Arts buildings and spaces without prior approval from the Office of Campus Life
- Posting materials larger than the limit expressed in the posting policy
- Placing materials on trees, benches, tables, over campus way-finding signs and emergency exits, or over already existing signs, posters, and other posting materials, or outside of the designated posting areas
- Property Damage and Misuse
- Intentional, reckless, or unauthorized attempts or actual damage or destruction of institutional property, or property of the community, or other private or public property
- Misuse of another’s property which includes but is not limited to: the inappropriate or unauthorized use of another person’s identity, identification card, password(s), or personal property
- Any act or behavior that threatens the cleanliness and appearance of the university
- Residence Life
- Any conduct prohibited by the Residential Living Policies section
- Acts or words taken against an individual because of the individual’s participation in a university investigation or grievance process that would discourage a reasonable person from engaging further in a process or investigation
- Attempting to threaten, coerce, ostracize, pressure, intimidate, harass, or otherwise deter an individual from participating in or consider to participate in a university investigation or grievance process
- Utilizing a third party to discourage an individual from engaging in a process or investigation
- Smoking on any university property, including outdoor building courtyards, balconies, stairwells and steps
- Carrying or holding of any lit or ignited pipe, cigar, cigarette, electronic cigarette, or any other lit or battery operated smoking equipment or device
- Making solicitations or distributing literature at the university for any non-university organization or event at any time or for any purpose
- Taxing Campus Resources
- Disruption of administrative duties by taxing or abusing campus resources as a result of inappropriate or unreasonable behavior, or disregard of university policy or regulations
- Theft and Possession
- Possession or control of any items without the explicit permission or authorization of the owner or owner’s designated representative
- Knowingly taking an item or items without the owner’s expressed permission
- Attempting to take an item or items without the owner’s expressed permission
- Use or possession weapons that could be considered lethal, including those weapons in which the person has a permit, while on campus
- Use or possession of weapons used as props, whether real or otherwise, outside of the performance or exhibit space
- Designated conduct prohibited by the Sex- and Gender-Based Misconduct Policy, as outlined in Appendix A
- Non-compliance with the directions of university or civil authorities performing official duties
- Violation of statutes, laws, ordinances and/or regulations of the city of Philadelphia, the commonwealth of Pennsylvania (or other states, when applicable) and the United States of America.
- The presumption that no violation occurred.
- The right to privacy throughout the community standards process.
- The written notice of all charges, allegations, and outcomes sent through official university email.
- The right to a fair and impartial hearing.
- The opportunity to participate in the community standards hearing either physically or by contemporaneous means. (e.g. phone, Zoom)
- The opportunity to have a trained Advisor from the university community to support them throughout the entire community standards process. Advisors must receive training from the Office of Campus Life to be permitted to attend community standards proceedings. Parents, lawyers, and other third parties are only permitted to serve as advisors for respondents with advanced conduct proceedings that also have corresponding civil or criminal cases.
- The right to contest oral or written statements, including the complaint or report, and provide and question relevant witnesses.
- The right to participate or decline to participate in the investigation, disciplinary, or hearing processes. If a respondent declines to participate, the Student Conduct Administrator or Campus Standards Board will base their decision on the information available at the time of the hearing. Respondents who refuse to participate are not excused from being found responsible for violations of the Student Handbook, and may be subject to additional disciplinary action. (see Non-compliance)
- The opportunity to review all relevant, redacted information concerning the alleged violation(s) prior to the hearing.
- The right to submit a written appeal in the process outlined by Section 5 of the Student Handbook.
- The understanding that information collected during the conduct process may be subpoenaed during criminal or civil proceedings, subject to applicable laws, as the community standards process is separate from criminal and civil proceedings.
Conduct Review Process
The associate vice president for Student Affairs oversees the university student conduct system. Consultation with the associate vice president or any other conduct officer in no way obligates an individual to file a formal complaint or report.
An allegation against a student may be reported to the associate vice president for Student Affairs, the senior director for student engagement, or the conduct coordinator by any member of the UArts community, including another student, a Public Safety officer, or a member of the faculty or staff.
Allegations involving sex- and gender-based misconduct will be forwarded to the director for Title IX, equity and compliance or may be made directly to the director for Title IX, equity and compliance at firstname.lastname@example.org, by phone at 215-717-6362, by visiting Hamilton Hall 151, or by filing a report through the online portal housed at makeareport.uarts.edu. Resolution of allegations under the Sex- and Gender-Based Misconduct Policy are outlined in Appendix A.
The associate vice president for Student Affairs, or a designee, will oversee the review of information received in order to determine further appropriate action, including:
formal follow-up under the general conduct process for allegations that, if proven, would not result in suspension or expulsion from the university; or
formal follow-up under the advanced conduct process for allegations that, if proven, could result in sanctions that include suspension or expulsion from the university.
The university is responsible for investigating complaints of misconduct and determining if the information provided has reached the level of initiating student conduct proceedings. The student conduct administrator makes the threshold determination to resolve the allegation through the General Conduct or the Advanced Conduct process. If a threshold to hold advanced adjudication is reached, the respondent who is alleged to have violated policy will be provided an opportunity to respond in the course of the investigation, the pre-adjudication procedures and the adjudication.
If the alleged incident represents a violation of federal, state or local law, the reporting complainant is encouraged to initiate proceedings in the criminal or civil court system, regardless of whether a complaint is filed within the university.
When a student organization engages in some act of misconduct, the university may take action not only against the student(s) involved, but also against the organization itself.
With respect to academic dishonesty, faculty members may choose to follow policies and procedures described in their course syllabi in consultation with their program director or school dean.
Parties and other individuals who offer information at an adjudication are expected to respond honestly and to the best of their knowledge. A complainant, respondent or witness who intentionally provides false or misleading information may be subject to adjudication under the Student Code of Conduct.
Anyone with questions about the conduct process should contact the Community Standards Coordinator at email@example.com, the Office of Student Affairs at 215-717-6617, or the Office of Campus Life at 215-717-6970 during business hours.
Role of the Advisor
Advisors are students, faculty, or staff members of the university that attend student conduct hearings to support the respondent throughout the conduct process. In accordance with the Family Educational Rights and Privacy Act (FERPA), students who wish to have an advisor present during any conduct proceeding are required to complete and submit a FERPA waiver to firstname.lastname@example.org three (3) business days prior to any hearing. FERPA waivers can be found on the UArts Portal.
For general conduct adjudication, a student may request to work with a trained faculty, staff or student advisor. At the discretion of the student, the advisor may accompany the student to any meeting and/or adjudication process related to these procedures.
For advanced conduct adjudication both respondents and complainants can work with a trained faculty or staff member who can assist the student in navigating the process. At the discretion of the student, the advisor may accompany the student to any meeting and/or adjudication process related to these procedures. Students have the right to request any current member of UArts faculty or staff serve as their advisor. If not previously trained, this individual will be required to meet with the student conduct administrator (or a designee) in advance of any participation.
In both general and advanced conduct adjudication, the advisor is present to provide support; they do not actively participate in the process, nor may they ask questions or speak for the student. An advisor may be cautioned or asked to leave if their participation acts to delay, disrupt or otherwise interfere with the integrity of a meeting or adjudication. The student conduct administrator has the right at all times to determine what constitutes appropriate behavior on the part of the advisor and whether the person may remain at the adjudication proceedings. To request a non-university advisor for a general or advanced conduct adjudication, requests are granted by the discretion of the community standards coordinator, senior director for student engagement, or associate vice president for Student Affairs or by means of accommodation through the Office of Educational Accessibility.
Allegations in which possible sanctions do not include suspension or expulsion from the university if the student were found responsible are addressed through the general conduct process.
University hearings are open only to members of the university community and individuals who have specific involvement in the case, are serving as an advisor to the respondent, and only at the discretion of the student conduct administrator. The university conduct review process shall be conducted according to the following guidelines.
The general conduct process is typically conducted by a professional staff member in the Office of Campus Life (hereinafter, referred to as the “student conduct administrator”) and includes investigation and formal resolution. Prior to a meeting with a student conduct administrator, the respondent is encouraged to meet with a conduct advisor, made available by and through the university, to review the student conduct system, student rights and potential sanctions.
The student conduct administrator will send the respondent written notification, via official university email, of the following information:
- allegations of misconduct,
- the aspects of the Student Code of Conduct that are alleged to have been violated
- the name, phone number and office location of the student conduct administrator
- the date and time of the scheduled administrative review with the student conduct administrator
During administrative review, the respondent will be given the opportunity to review all available information regarding the allegation(s) in question and an opportunity to respond to those allegations.
- If, during the course of the administrative review with the respondent, new information is shared regarding the incident, the university reserves the right to bring more charges against the respondent following a new investigation.
After the administrative review the student conduct administrator will make a determination if the respondent violated the Student Code of Conduct and issue sanctions as appropriate. Pertinent records, exhibits and written statements may be accepted as evidence for consideration at the discretion of the student conduct administrator. Assumptions, speculations or references to prior, unreported incidents will not be permitted. Should the respondent fail to attend the administrative review with the student conduct administrator, the student conduct administrator will consider the information available and render a decision regarding the respondent’s responsibility and sanctions, if any.
Following a general conduct hearing, the student conduct administrator shall advise the respondent in writing, via UArts email, of the decision and the sanction(s) imposed, if any, within five (5) business days.
The general conduct process is subject to appeal pursuant to the appeal procedures outlined by this policy. There shall be a written record of all general conduct hearings for use by the appellate body; a copy of this record will not be provided to the respondent or complainant. The record shall cite the violation(s), the decision (responsible or not responsible), a brief rationale statement and the sanction(s), if any, that were assigned to the respondent by the student conduct administrator.
Allegation(s) subject to this policy in which possible sanctions could result in suspension or expulsion from the university if the student(s) were found responsible, including academic misconduct cases, are addressed through the advanced conduct process.
The hearing body for advanced conduct may be a Campus Standards Board, a student conduct administrator, or a university appointed external adjudicator. In making the determination to select an appropriate hearing body, the university may consider, among other factors, the nature of the report, the complexity of the facts, whether there is any issue of actual or perceived conflict of interest, the availability of trained panel members for a hearing, whether the university is in session or on break, or any other factors deemed relevant. Regardless of the hearing body chosen, a hearing will be conducted following the procedures outlined in this handbook.
A complaint under the advanced conduct process will generally involve adjudication before the Campus Standards Board (CSB). A respondent, however, may request resolution through administrative adjudication, to be conducted by the associate vice president for Student Affairs (hereinafter referred to as the “student conduct administrator”). Both parties must agree to resolution by administrative adjudication. The option of administrative adjudication is also applicable for cases involving academic misconduct, but must be requested by both the respondent and reporting faculty members (see the academic misconduct policy in the University Catalogue). Administrative adjudication is particularly appropriate when the respondent has admitted to the misconduct and there is no discernible dispute in the relevant facts of the investigation report; however, at the discretion of the student conduct administrator, it may also be used when the facts are in dispute.
In cases of advanced conduct, the university will conduct an investigation that will generally include interviews with the involved parties. The university will provide the parties with sufficient details known at the time and time to prepare for any interview. An investigative report will be compiled of any information report(s), interview summaries, written statements and any other documentary information that will be considered by the student conduct administrator, the CSB or an external adjudicator.
The student conduct administrator will review any investigative report, witness statements, relevant information submitted by the parties and other documentary evidence to determine whether the included information contained is relevant and material to a determination of responsibility, given the nature of the allegation. In general, the student conduct administrator may redact information that is irrelevant, more prejudicial than probative or immaterial. The student conduct administrator may also redact statements of personal opinion, rather than direct observations or reasonable inferences from the facts, and statements as to general reputation for any character trait, including honesty.
Both parties will have the opportunity to review the investigative report which will serve as the primary evidence in making a determination of responsibility.
Following a review of the investigation report and a finding that sufficient evidence exists to charge a student, a Notice of Charges is prepared by the student conduct administrator. The notice provides the respondent with a statement of the policy violation(s) that are alleged to have taken place and a summary of the facts underlying the allegation(s). When appropriate, a notice will also be sent to a complainant. In addition, the notice provides the parties with a date and time to meet with the student conduct administrator to discuss adjudication procedures and answer any questions they have regarding the adjudication process. During that meeting, the respondent will have the opportunity to indicate whether or not they are responsible for the charge(s).
If the respondent indicates that they are responsible for the charges and agrees to administrative adjudication, the student conduct administrator will determine sanctions.
If the respondent indicates that they are not responsible for the charges, the student conduct administrator will convene a Campus Standards Board or designate an external adjudicator for adjudication.
Student Conduct Administrator Adjudication
In reaching a determination as to whether university policy has been violated, the student conduct administrator will reach a determination by a preponderance of the evidence—that is, whether the conduct was more likely than not to have occurred as alleged.
If the respondent has indicated that they are responsible for the charges, the student conduct administrator will determine sanctions.
The student conduct administrator will notify both the respondent and the complainant, in writing via official university email, of the hearing outcome and any resulting sanctions within five (5) business days. The notice will include notification of appeal options. Typically, the imposition of sanctions will take effect immediately and will not be stayed pending the resolution of the appeal.
Depending on the nature and severity of the allegations, the student conduct administrator may decline to handle the matter administratively and refer the case to the CSB or an external adjudicator at any time.
Campus Standards Board Adjudication
Campus Standards Board (CSB) hearings are open only to those people who have specific involvement in the case or will serve as an advisor to the respondent.
The CSB is a review board composed of university faculty and administrators. All CSB members must participate in annual training, including training about non-discrimination, the factors relevant to a determination of credibility, the appropriate manner in which to receive and evaluate sensitive information, the manner of deliberation, the application of the preponderance of the evidence standard, sanctioning, and the university’s policies and procedures.
Each CSB panel to adjudicate a case consists of three (3) voting panelists and one (1) non-voting chair. The CSB is supported by the student conduct administrator (the associate vice president for Student Affairs or a designee) who will be present to facilitate the process. They are not a voting member of the CSB.
The complainant or respondent may submit a written request to the student conduct administrator to contest a member of the CSB if there are reasonable articulated grounds to suspect bias, conflict of interest or an inability to be fair and impartial. This challenge must be raised within four (4) business days of receipt of notification of the CSB panel members. All objections must be raised prior to the commencement of the adjudication or are deemed waived. The student conduct administrator will make the determination as to whether sufficient bias, conflict of interest, or inability to be fair and impartial exists and warrants designating an alternative CSB panel member.
The student conduct administrator will be available to meet with all involved parties prior to the adjudication, be present during the adjudication as a resource for the CSB on issues of policy and procedure, and see that policy and procedure are appropriately followed throughout the adjudication meeting.
A complainant or respondent can request to have an adjudication rescheduled. Absent extenuating circumstances, requests to reschedule must be submitted to the student conduct administrator at least three (3) business days prior to the adjudication. A request to reschedule an adjudication must be supported by a compelling reason for the delay and submission of supporting documentation to the student conduct administrator. The student conduct administrator may also reschedule the adjudication, without a request by either the respondent and/or complainant, when there is reasonable cause to do so. The student conduct administrator will make the determination as to whether a compelling reason exists sufficient to delay an adjudication. The student conduct administrator will notify the parties of any changes to the scheduled adjudication via official university email.
Both parties will have the opportunity to review all investigative documents, subject to the privacy limitations imposed by state and federal law, at least five (5) business days prior to the adjudication, unless the student has requested an expedited adjudication in a written request to the student conduct administrator, in which case they will be deemed to have waived this right. The investigative report will include any information report(s), interview summaries, written statements and any other documentary information that will be presented during adjudication. Where appropriate, a complainant will also be provided these same rights. All information and/or materials the parties wish to include in the investigative report or have considered at the adjudication must be provided to the student conduct administrator prior to the adjudication.
The CSB panel is expected to review all information pertinent to the incident in question. The investigative report will be made available for CSB panel members to review five (5) business days prior to the adjudication.
An adjudication will be called to order by the chair. The student conduct administrator will then explain the adjudication process and make introductions of adjudication attendees.
The chair will read the charges and the responding party will provide a preliminary indication of whether they are responsible or not responsible for those charges.
If appropriate, the investigator will provide a summary of the investigation. The CSB, the complainant and/or respondent, may pose questions to the investigator at the conclusion of the summary.
When applicable, the complainant may present a brief opening statement. The CSB and the respondent may pose questions to the complainant.
The respondent may present a brief opening statement. The CSB and the complainant may pose questions to the respondent.
The student conduct administrator will identify and call relevant witnesses. The CSB, the complainant and or/respondent will have an opportunity to pose questions to each witness.
The student conduct administrator may call back any participant for additional questions or clarifications.
The complainant may present a brief closing statement.
The respondent may present a brief closing statement.
All parties except CSB members shall be excused from the hearing room while the board discusses the case to determine their decision.
Their decision will be made at the time of the hearing unless circumstances make deferment necessary; and
A majority vote of CSB members is sufficient to make a determination.
There shall be a single recording of all university Campus Standard Board hearings (not including deliberations). The recordings shall be property of the university and will be maintained in accordance with FERPA. In case of an appeal, an audio file of the transcript is available to either the complainant or the respondent for review in a space approved by the student conduct administrator and in the presence of the student’s hearing advisor.
Witnesses will only be called to participate in the adjudication at the request of the CSB and/or student conduct adjudicator. During the investigation, the complainant and the respondent will have been asked to identify witnesses. The university may also identify witnesses during the course of the investigation. Witnesses must have observed the act in question or have information relevant to the incident and cannot participate solely to speak about an individual’s character.
If either party wishes to identify witnesses, the following must be submitted no later than five (5) business days before the adjudication to the student conduct administrator by email.
- The names of any witnesses that either party wishes to identify;
- A written statement and/or description of what each witness observed, if not already provided during investigation;
- A summary of why the witness’ presence is relevant to making a decision about responsibility at the hearing; and
- The reason why the witness was not interviewed, if applicable.
The student conduct administrator will determine if the witness(es) have relevant information.
If witnesses are approved to be present, the respondent and the complainant are provided with a list of witnesses and any relevant documents related to their appearance at the adjudication no later than three (3) business days before the adjudication. All parties have the opportunity to pose questions of witnesses, regardless of who identified them to participate.
The CSB will determine a respondent’s responsibility by a preponderance of the evidence. After all the information has been presented, the parties will be dismissed from the adjudication room so that the CSB may deliberate. The student conduct administrator will remain for deliberations, but does not vote. The CSB will first try to reach a determination by consensus, but a simple majority vote as to responsibility will suffice.
The findings of the CSB will be reduced to writing by the student conduct administrator. The findings will detail the findings of fact and determination of responsibility, making reference to the evidence that led to the finding and will serve as the record of the proceeding. The vote itself shall not be shared with any parties.
The student conduct administrator will notify both the respondent and the complainant, in writing, of the outcome and any sanctions, if applicable, within five (5) business days. The notice will include notification of appeal options. The imposition of sanctions will take effect immediately and will not be stayed pending the resolution of the appeal.
External adjudication hearings are open only to those people who have specific involvement in the case or who will serve as an advisor to the parties.
External adjudication follows the process outlined above in the Campus Standards Board Adjudication, but with a single external party serving as the hearing body.
If a student, group or organization is found responsible for a violation of the Student Code of Conduct, the student conduct administrator will determine the appropriate sanctions. The sanctions may include, but are not limited to, those set forth in the Student Handbook.
In considering the appropriate sanction, the student conduct administrator will consider the following factors.
- The respondent’s prior discipline history
- How the university has sanctioned similar incidents in the past
- The nature and severity of the conduct
- The impact of the conduct on the complainant, and their desired sanctions, if known
- The impact of the conduct on the university community, its members, or its property
- Whether the respondent has accepted responsibility
- Whether the respondent is reasonably likely to engage in the conduct in the future
- The need to deter similar conduct by others
- Any other mitigating or aggravating circumstances, including the university’s values
Any respondent who is determined to have engaged in any prohibited form of conduct may receive an administrative sanction ranging from a warning to expulsion and appropriate educational sanction to further reflect and grow from the conduct process. The student conduct administrator may broaden or lessen any sanctions based on significant mitigating circumstances or egregiously offensive behavior. The student conduct administrator may issue a single sanction or a combination of sanctions.
Warning - A warning is a written notification that a violation of the Student Code of Conduct occurred and that any further responsible finding of misconduct may result in more severe disciplinary action. Warnings are recorded for internal purposes only and are not considered part of a student’s permanent student conduct record. Though disclosed with a student’s signed consent, a student who receives a warning is still considered in good standing.
Probation - Probation is a written notification that indicates a serious and active response to a violation of the Student Code of Conduct. Probation is for a designated period of time and includes the probability of more severe sanctions—including suspension or expulsion from the university—if the student is found responsible for additional violations of the Student Code of Conduct. Notification of probation is considered a change in good standing status to not in good standing.
Loss of privileges - Loss of privileges is denial of the use of certain university facilities or the right to participate in certain activities, events or programs, or to exercise certain privileges for a designated period of time.
Restitution - A student is required to make payment to an individual or to the university related to the misconduct for damage, destruction, defacement, theft or unauthorized use of property.
Relocation or removal from (university-operated) housing - Relocation is the reassignment of a student from one living space to another. Removal from housing is the removal of a student from all university-operated housing. Relocation and removal from housing are typically accompanied by the loss of privileges regarding the visitation to specific residential areas for a specified period of time.
Revocation of Affiliation - Revocation of affiliation is the permanent removal of a student as a member of a specific organization, leadership position, and/or the permanent removal of an organization’s recognized affiliation with the university.
No-Contact Directives - No-contact directives restrict the contact and/or communication between or among designated parties. They may be the result of a student conduct process or put in place temporarily. No-contact directives are not legal protective orders, as those are issued by a court of law.
Persona Non Grata – Persona non grata prohibits a student from a specific property or all campus property. Violation of a persona non grata may subject the violator to arrest for trespassing.
Educational/Assessment/Referrals - The university reserves the right to impose counseling, substance assessments or other required educational sanctions.
Deactivation - Loss of privileges, including university recognition, for a specified period of time.
Suspension - Suspension is the separation of a student from the university for a specified period of time, after which the student is eligible to return. Conditions for re-enrollment may be required, and will be included in the notification of suspension. During the period of suspension, the student may not participate in university academic or extracurricular activities and may be barred from all property owned or operated by the university. Suspension from the university will result in automatic “W” grades in all classes for the semester in which suspension was sanctioned. Students who are suspended may not be on campus without specific, written permission of the associate vice president for Student Affairs or a designee. Suspension is for a designated period of time and includes the probability of more severe sanctions, including expulsion, if the student is found responsible for future violations of the Student Code of Conduct. Notification of suspension will be sent to parents, as it results in a change in good standing status.
Expulsion - Expulsion is the permanent separation of the student from the university. Expulsion will result in automatic “W” grades in all classes for the semester in which expulsion was sanctioned. Students who are expelled may not be on campus without specific, written permission of the associate vice president for Student Affairs or a designee. Notification of expulsion will be sent to parents, as it results in a change in good standing status.
*Good Standing - A student is not in good standing when the student has been found responsible for a student conduct policy violation and as a result, is serving a sanction of probation, suspension or expulsion. Students employed as resident assistants, community assistants, or first-year guides must be in and remain in good standing throughout their employment.
More than one of the above sanctions listed may be imposed for any single violation. Additionally, educational sanctions may be imposed at the discretion of the student conduct administrator. Other than university expulsion, disciplinary sanctions shall not be made part of the student’s academic transcript but shall become part of the student’s conduct record. Student conduct records, with the exception of suspension or expulsion sanctions, are cleared after seven (7) years. A student’s conduct record is subject to review only by authorized parties or with prior written student approval.
In certain circumstances, the student conduct administrator (or a designee) may impose sanction(s), pending an assessment and/or the adjudication Interim sanctions may be imposed to:
- help ensure the safety and well-being of members of the university community or preservation of university property;
- help ensure the student’s own physical or emotional safety and/or well-being;
- help prevent disruption or interference with the normal operations of the university.
Respondents wishing to contest an interim separation action may do so by submitting a written appeal to the associate vice president for Student Affairs including the following information
- Name (individual or student organization)
- Student ID (not applicable in student organization–related cases)
- Rationale for the request
- Any documentation that supports that the respondent would not pose an immediate threat to the campus community or would not pose an imminent threat of disruption to normal campus operations.
The respondent will be notified of the decision within five (5) business days of receipt of the request. The interim separation will remain in effect while any review is pending. There will be no further appeals to this decision. If the interim separation is lifted, other interim restrictions (e.g., removal from university housing, limited access to campus, cessation of any organizational activities or changes to work duties) may be assigned until the outcome of any related case.
The interim separation does not replace the regular conduct processes, which shall proceed as normal. The interim sanction(s) may remain in effect until a final decision has been reached, including any appropriate appeals process.
General Conduct Appeals
Respondents may appeal the determination of responsibility or sanction(s) in writing to the senior director for student engagement (or a designee). The appeal must be filed within seven (7) business days of receiving the written notice of outcome.
The limited grounds for appeal of an outcome are as follows.
- New evidence that could affect the finding of the hearing and that was unavailable at the time of the hearing
- Procedural error(s) that had a material impact on the fairness of the hearing
The limited grounds for appeal of a sanction(s) are as follows.
- The imposed sanctions were inappropriately punitive.
The appeal shall consist of a concise and complete written statement that outlines the grounds for the appeal. The appeal consideration will be conducted in an impartial manner by the senior director for student engagement, or designee. In any request for an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanction are presumed to have been decided reasonably and appropriately. The appeal is not a new review of the underlying matter.
The senior director for student engagement, or designee, shall consider the merits of an appeal only on the basis of the three (3) grounds for appeal and supporting information provided in the written request for appeal and the record of the original hearing. The senior director for student engagement, or designee, can affirm the original findings, alter the findings and/or alter the sanctions.
If the appeal is granted based on procedural error(s) that materially affected the outcome of the hearing, the senior director for student engagement, or designee, will forward the case to a new student conduct administrator.
In the case of new and relevant information, the senior director for student engagement, or designee, can recommend that the case be returned to the original student conduct administrator to assess the weight and effect of the new information and render a determination after considering the new facts or forward the case to a new student conduct administrator.
The senior director for student engagement, or designee, will communicate the result of the appeal to the student requesting the appeal within three (3) business days from the date of the submission of the appeal. Appeal decisions are final.
Advanced Conduct Appeals
Respondents and complainants may appeal the determination of responsibility or sanction(s). Appeals of advanced conduct adjudication are handled in the following manner.
- The vice president for academic affairs hears appeals of non-academic decisions, except in cases where the vice president is the reporting party or a witness in the matter. (In such instances, appeals will go to the vice president for finance and administration).
- The vice president for academic affairs hears appeals of academic decisions, except in cases where the vice president is the reporting party or a witness in the matter. (In such instances, appeals will go to the vice president for finance and administration).
Appeals must be filed within ten (10) business days of receiving the written notice of outcome.
The limited grounds for appeal of an outcome are as follows.
- New evidence that could affect the finding of the hearing and that was unavailable at the time of the hearing
- Procedural error(s) that had a material impact on the fairness of the hearing
The limited grounds for appeal of a sanction(s) are as follows.
- The imposed sanctions were inappropriate under university sanctioning guidelines
If the respondent accepts responsibility and no hearing is convened, the limited grounds for appeal are as follows
- The imposed sanctions were inappropriate under university sanctioning guidelines
The appeal shall consist of a concise and complete written statement outlining the grounds for the appeal. Upon receipt of an appeal, the associate vice president for Student Affairs (or a designee) will notify both parties. Each party has an opportunity to respond in writing to the appeal. Any response to the appeal must be submitted to the appropriate appeal review party (see above) within two (2) business days of notice of the appeal.
The appeal consideration will be conducted in an impartial manner by the appeal review party. In any request for an appeal, the burden of proof lies with the party requesting the appeal, as the original determination and sanction are presumed to have been decided reasonably and appropriately. The appeal is not a new review of the underlying matter.
The appeal review party shall consider the merits of an appeal only on the basis of the three (3) grounds for appeal and supporting information provided in the written request for appeal and the record of the original hearing. The appeal review party can affirm the original findings, alter the findings and/or alter the sanctions, depending on the basis of the requested appeal.
If the appeal is granted based on procedural error(s) that materially affected the outcome of the hearing, the appeal review party will forward the case for a new hearing, which will be heard by an alternate student conduct administrator, CSB or external adjudicator.
In the case of new and relevant information, the appeal review party can recommend that the case be returned to the original student conduct administrator, CSB or external adjudicator to assess the weight and effect of the new information and render a determination after considering the new facts or forward the case for a new hearing.
The appeal review party will communicate the result of the appeal to the student requesting the appeal within ten (10) business days from the date of the submission of all appeal documents by both parties. Appeal decisions are final.