COMMUNITY STANDARDS

The OCS uses the preponderance of the evidence standard in investigations and hearings. This means that the investigator(s) or CRC must determine more likely than not what occurred. A preponderance of the evidence means that over 50% of the information supports a finding that the misconduct occurred.

The respondent will receive notification of the allegation of misconduct typically three or more days prior to the administrative hearing. In circumstances that require further investigation, respondents will be notified typically three or more days prior to the investigative meeting. The notification will typically include a brief description of the alleged misconduct, including the date and place the incident allegedly occurred, a list of any University policies allegedly violated, and a description of the steps toward resolution. The University may modify the list of policies allegedly violated based on additional information revealed during investigation.

 After assessing reported incidents based on time, location, and context, the OCS may issue students a proposed resolution letter as an opportunity to expedite the resolution process. The initial notice letter will be inclusive of an incident summary, any relevant information collected, allegations, and proposed outcomes.

Students that have the option to accept the proposed resolution; understanding that by accepting the resolution, they are admitting to the alleged violation of the Student Code of Conduct and are waiving the right to have a matter reviewed in a hearing or subsequent appeal. Should the individual choose to reject the proposed resolution, it will be referred back to OCS, and a case resolution coordinator will outreach with a scheduled opportunity to engage in an administrative hearing in which the student will have the opportunity to share their perspective and any relevant information prior to the CRC making a decision.

Student organizations/groups may have the opportunity to engage in both self-governance and collaboration with the University when an organization accepts responsibility for the prohibited conduct and  all charges via "collaborative resolution meeting." The OCS will determine whether a matter meets the criteria for a collaborative resolution meeting by reviewing the following criteria: the overall safety and appropriateness; the complexity of the violation; the organization's motivation and ability to participate; whether or not adequate resources exist to invest in the collaborative resolution meeting (time, staff, etc.); and, if the resolution would be most successful for the student organization and University. Matters that cannot be resolved via collaborative resolution meeting will be resolved through and administrative hearing for non-separation level matters.

• The student organization is given the opportunity to accept responsibility for the alleged policy/ies of concern prior to an Administrative Hearing via link provided in their initial notice letter.
• Following acceptance, the representative for the student organization must present a proposed action plan to correct the behaviors in question, which must be initially evaluated by the OCS, Fraternity and Sorority Life, Student Organizations and Activities, or Multicultural Student Affairs staff member prior to the collaborative resolution meeting.
• The student organization representative will participate in a collaborative resolution meeting with up to three individuals designated by the OCS. This will include a representative from the OCS, one student representative, and one university administrator. These three individuals and the representative for the student organization will discuss the proposed action plan, modify the action plan as necessary, and determine an appropriate final action plan. If the student organization has a local advisor or Headquarters representative, they may participate only to speak to the stated or available action items they can make available for the organization. Should the advisor violate the limited nature of their participation, they may be removed

The action plan is not considered final until it is agreed upon by an OCS staff member. This action plan will be indicated on the student organization’s conduct record, and the outcome of responsibility and action plan are not appealable. The case is considered resolved so long as the action plan is completed, including any designated deadlines for action items are met. If the action plan is not completed as agreed upon, the case will be referred to an administrative hearing.

The OCS reserves the right to investigate and, as appropriate, hold an individuals accountable for their behaviors that may be related to the matter for which the responding organization or group accepted responsibility.

Prior to the conclusion of an investigation, the respondent may elect to take responsibility for the prohibited conduct by contacting the OCS via the acceptance of responsibility link in their initial letter. Following the submission, the OCS may solicit additional information relating to the matter from the respondent any any relevant parties. The OCS will issue a brief outcome determination, inclusive of any information collected, summarizing the timeline and allegations and stating the respondent has accepted responsibility. The OCS will then refer the matter to a sanctioning panel. In limited circumstances, when the findings, without other aggravating factors, no longer warrant consideration of separation, the OCS may provide the respondent the option to resolve the matter administratively via a sanctioning referral.  Following the determination of sanctions, a respondent may appeal the sanctions but not the finding(s) of responsibility as accepted by the respondent. In the event a respondent decides to accept responsibility for some but not all allegations, the OCS will determine whether to proceed with the formal resolution process for the remaining allegations or for all the allegations..

Should the responding organization or group wish, the responding group or organization can submit a copy of any applicable action plans as developed by the responding organization or group, including those issued by a Headquarters when applicable, within five days of receiving the outcome determination and prior to the Sanctioning Panel, which will be shared with the Sanctioning Panel as a part of their materials for evaluation. The document should be no longer than five pages in length,
inclusive of attachments.

Following the determination of sanctions, the responding group or organization may appeal the sanctions but not the finding(s) of responsibility. In the event a responding group or organization decides to accept responsibility for some but not all the allegations, the OCS will determine whether to sever the matter and send the allegations for which the responding group or organization has accepted responsibility along to a Sanctioning Panel for sanctioning.

If a finding and sanction(s) are issued by a non-Northwestern governing body (e.g., inter/national Headquarters) prior to the resolution of the UHAS formal student organization conduct process, the University may give the responding student organization or group, (inclusive of the non-Northwestern governing body) the option to follow the acceptance of responsibility process above. The Director of Community Standards or designee may then choose to either come to a mutual agreement between the University and the organization or group as to sanctions or consult with a Sanctioning Panel to determine the appropriate sanctions from the University, both based on the sanctioning factors (Student Handbook, pg. 40). Acceptance of responsibility and the proposed University sanctions prevents the need for a full investigation through the UHAS process.

The OCS reserves the right to investigate and, as appropriate, hold any individuals accountable for their behaviors that may be related to the matter for which the responding organization or group accepted responsibility.

Accepting All Allegations: Student organizations or groups are given the opportunity to accept responsibility for their alleged policy(ies) of concern prior to the determination of findings via acceptance of responsibility link in their initial notice letter. Following the submission, the OCS may solicit additional information relating to the matter from the organization and any relevant parties (executive members, general members, witnesses).

• The OCS will then issue a brief outcome determination, inclusive of any additional information gathered, summarizing the timeline and allegations and stating the responding group/organization has accepted responsibility.
• The OCS may refer the matter to a sanctioning panel.  In limited circumstances, when the findings, without other aggravating factors, no longer warrant consideration of separation, the OCS may provide the responding group/ organization the option to resolve the matter administratively via a sanctioning referral.
• If applicable, the responding group/organization can submit a copy of any applicable action plans as developed by the responding group/organization within five days of receiving the outcome determination and prior to the sanctioning panel. The action plan will be shared with the sanctioning panel as a part of their materials for evaluation. The document should be no longer than five pages in length, inclusive of attachments.  
• Following the determination of sanctions, the responding group or organization may appeal the sanctions but not the finding(s) of responsibility.

Accepting Some Allegations: The organization may also elect to take responsibility for some, but not all, allegations of concern. In this case, the OCS will determine whether to proceed with the formal resolution process for the remaining allegations or for all allegations.  

Governing Body Actions:  If a finding and sanction(s) are issued by a non-Northwestern governing body (e.g., inter/national Headquarters) prior to the resolution of UHAS formal student organization conduct process, the University may give the responding student organization or group, (inclusive of the non-Northwestern governing body) the option to follow the acceptance of responsibility process above. The Director of Community Standards or designee may then choose to either come to a mutual agreement between the University and the organization or group as to sanctions or consult with a sanctioning panel to determine the appropriate sanctions from the University, either of which will be based on the sanctioning factors. Acceptance of responsibility and the proposed University sanctions prevents the need for a full investigation through UHAS process.

The OCS reserves the right to investigate and, as appropriate, hold any individuals accountable for their behaviors that may be related to the matter for which the responding organization or group accepted responsibility. 

Types of Formal Resolution

For more information on the types of formal resolution visit the following pages as outlined in the Student Handbook Appendix:

• Non-Separation Level Cases (pages 18-21)
• Separation-Level Cases (pages 21-30)