COMMUNITY STANDARDS

The Office of Community Standards uses the preponderance of the evidence standard in investigations and hearings. This means that the investigator(s) and hearing officers 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 time, 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.

In cases typically used for separation level matters, prior to the conclusion of an investigation, the respondent may elect to take responsibility for the prohibited conduct by contacting the Office of Community Standards via the link in their initial letter. Following the submission, the OCS may solicit additional information relating to the matter from the Respondent and any relevant parties. The Director of Community Standards or designee will issue a brief outcome determination, inclusive of any information collected, summarizing the timeline and allegations and stating the respondent has accepted responsibility. The Office of Community Standards will then refer the matter to a sanctioning panel. Following the determination of sanctions, a respondent may appeal the sanctions but not the finding(s) of responsibility. In the event a Respondent decides to accept responsibility for some but not all the allegations, the Office of Community Standards will determine whether to sever the matter and send the allegations for which the respondent has accepted responsibility along to a sanctioning panel for sanctioning.

Student organizations may engage in both self-governance and collaboration with the University to resolve a non-separation level complaint. When an organization accepts responsibility for the prohibited conduct or presents credible information and accepts responsibility for Student Organizations some charges the case may be resolved collaboratively with University staff in lieu of engaging in a Formal Non-Separation Level Meeting.

While the Collaborative Resolution Meeting is typically available for non-separation level cases, the Office of Community Standards (OCS) will consider other circumstances for proceeding with an adaptable resolution that include: the overall safety and appropriateness to utilize this process, the complexity of the violation, the organization’s motivation and ability to participate, disciplinary history, and whether or not adequate resources exist to invest in the adaptable resolution (time, staff, etc.) as well as which form of resolution may be most successful for the student organization and the University.

In order to initiate a Collaborative Resolution Meeting, the student organization must meet the following criteria:

• The student organization must accept responsibility for the alleged policies of concern, either as the initial reporting party, during the course of the investigation, or prior to a Formal Non-Separation Level Meeting via the link available in their initial notice letter.
• The student organization must present a proposed action plan to correct the behaviors, inclusive of any Headquarters actions when applicable, which will be initially evaluated by an OCS, OFSL, SOA and/or an MSA staff member.
• The student organization will participate in an informal collaborative sanctioning meeting with three individuals designated by OCS, including at least one student and one staff representative. These three individuals and the student organization will discuss the proposed action plan, modify it as necessary, and determine an appropriate final action plan. The local advisor or a Headquarters representative may participate, only to speak to the stated or available action items they are able to 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 reviewed and signed by the Director of Community Standards or their designee. This action plan will be indicated on the student organization’s conduct record, and the outcome of responsibility and action plan are not appealable.

In cases typically used for separation level matters, prior to the conclusion of an investigation, the respondent group or organization, in conjunction with their Headquarters when applicable, may elect to take responsibility for the prohibited conduct by contacting the Office of Community Standards (OCS) via the link in their initial letter. Following the submission, the OCS may solicit additional information relating to the matter from the group or organization and any related parties. The OCS will issue a brief outcome determination, inclusive of any information collected, summarizing the timeline and allegations and stating the responding group or organization has accepted responsibility. The OCS will then refer the matter to a Sanctioning Panel.

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. 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.

Types of Formal Resolution

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

• Non-Separation Level Cases (pages 117-118)
• Separation-Level Cases (pages 118-125)