Resolving Allegations of Misconduct
Cases of alleged violations of the Student Code of Conduct are resolved through several different procedures at the discretion of the University and its designated officials. Possible modes of resolution include (a) administrative resolution; (b) referral to a dispute resolution process, such as mediation or conciliation; and (c) resolution through the University Hearing and Appeals System (UHAS), Sexual Assault Hearing and Appeals System (SAHAS), or other designated resolution procedure. If a particular case could invoke more than one procedure, the University shall determine in its discretion what process it will use to resolve such a case and shall notify the parties of this determination.
Administrative Resolutions & Reviews
In matters resolved through the administrative resolution process, University officials (generally staff members of the Division of Student Affairs or other designated school or University officials) gather information about reported incidents of misconduct. This generally involves reviewing reports of the incident, meeting with students to discuss the matter, gathering additional information from witnesses or other knowledgeable individuals, and otherwise exploring the circumstances of the event.
Once information has been gathered and considered, University officials have the authority to determine whether violations of University rules, regulations, or policies occurred and, if so, to determine what sanctions or outcomes are appropriate under the circumstances. University officials must have sufficient information to determine that a violation occurred; this means that the information gathered – particularly the information that is deemed most credible, convincing, true or accurate – demonstrates that it was more likely than not that a violation occurred. Students are then provided with written notification of the administrative resolution, including any violations, sanctions, or other actions required by the University.
If a student does not accept the administrative resolution (in whole or in part) outlined by the University, the student is entitled to have that resolution reviewed, generally by another University official. This is known as an administrative review. Any request for administrative review, however, must be submitted in writing within a reasonable time as designated by the University in writing to the student (generally three business days).
The decision of the administrative review is final for all cases that do not involve disciplinary probation, deferred suspension, suspension, or exclusion and are not subject to resolution through UHAS or other designated resolution procedure. If an administrative matter involves disciplinary probation, deferred suspension, suspension, or exclusion, that matter may also be reheard in its entirety through the University Hearing and Appeals System (UHAS) in addition to or in lieu of an administrative review. Please note: the vice president for student affairs (or his or her designee) has authority to take certain administrative actions regarding students’ housing status (including removal, relocation, or imposition of housing probation) that are not subject to further review. Please see Residence Hall Rules and Regulations for details.
In appropriate situations, cases may be dismissed for lack of jurisdiction or deferred. In cases of deferral, the University refrains from taking any action on a case for a designated period of time (generally up to one year from the date of the incident) during which time a student may be given the opportunity to satisfy certain conditions or obligations as a means of avoiding further disciplinary processes or actions.
Referral to a Conflict Resolution Process
At the discretion of the University and with the agreement of all the parties, incidents of alleged misconduct (except for those alleging sexual assault) may be referred to mediation, conciliation, or other conflict resolution process. The goal of these processes is to examine and clarify issues and circumstances underlying disputes, explore areas of agreement and possible courses of action, and derive an agreement that has the approval of all parties. If the process is successful, the parties will draft and sign, where appropriate, an agreement that stipulates the nature of the resolution, including what, if any, actions, outcomes or sanctions the parties must complete (including time periods or dates by which an action must be satisfied). To the extent practicable, actions, outcomes, and sanctions agreed to through these processes will be applied in substantially the same manner as sanctions or outcomes resulting from administrative resolutions or hearings. Agreements reached through a conflict resolution process are not subject to review, rehearing, or appeal through UHAS or any other designated resolution procedure.
- See also: Our Conflict Resolution pages
Resolution through UHAS or SAHAS
Notwithstanding the availability of administrative resolutions and the conflict resolution procedures outlined above, the University reserves the right to refer any incident involving alleged misconduct or alleged violations of University rules, regulations, or policies directly to the University Hearing and Appeals System (UHAS), the Sexual Assault Hearing and Appeals System (SAHAS), or other designated resolution procedure.
- See also: Our Formal Disciplinary Procedures page (includes detailed information on UHAS and SAHAS)
Summary, Interim & Administrative Actions
Under certain defined circumstances, the University has the authority to summarily suspend and take other summary or interim actions to protect the safety and well-being of students and the University community, as well as to preserve the integrity of the institution. Should summary or interim action be taken, affected students will be entitled to have those matters reviewed through designated student conduct procedures. For more information, please see the Summary Suspension policy and the section on Graduation Holds.
Additionally, the vice president for student affairs (or his or her designee) has authority under the University’s housing contract to take certain administrative actions regarding on-campus students’ housing (including removal or relocation housing) that are not subject to further review. Please see Residence Hall Rules and Regulations for details.