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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 the University of the Arts, each student agrees to accept responsibility for compliance with academic regulations, course syllabi and conduct regulations as listed in the University Catalog and Student Handbook and regulations pertaining to any specific operation within the University.
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 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, except in instances of academic dishonesty handled by faculty members in accordance with policies set forth in their syllabi and the academic integrity policy in the University Catalog. Students wishing to appeal academic sanction decisions made by faculty members should consult the Academic Grievance Procedure section of the University Catalog 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 suspension, without a hearing where such action is deemed necessary or appropriate by the President of the University.
Definitions
The following definitions refer to the University of the Arts conduct review procedures and processes only:
- The term “University” means the University of the Arts;
- The term “student” includes both full and part-time students, pursuing undergraduate or graduate studies. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered “students”;
- The term “University official” includes any person employed by the University or an out-sourced auxiliary service who performs assigned administrative or professional responsibilities, including conducting classroom activities;
- The term “Student Life staff” includes Resident Assistants, Coordinators, on-call staff, the Director of Residence Life & Conduct, and the Director of Campus Life;
- 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 “adjudicative body” means any person or persons authorized to determine whether a student has violated the Student Code of Conduct and to recommend imposition of sanctions; exercise disciplinary action following a proper hearing;
- The term “appellate body” means any person or persons authorized to consider the appeal of an adjudicative 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 Catalog and Student Handbook;
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 it occurs on the campus or in any University facility;
- If it occurs while the student who is charged was attending or participating in any University-related activity, i.e., study abroad, field trip, social event, activity sponsored by a recognized student organization; or
- If the conduct occurs through online social media account.
- Off-campus conduct the effects of which 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. The University, therefore, 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 health and safety of the University community.
To that end, prohibited behavior at the University of the Arts includes the following:
- Academic dishonesty or misconduct as described in the University Catalog, 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 Catalog, the Student Handbook, and all other rules governing University facilities, programs and services
- Conduct prohibited by the Residential Living Policy as outlined in Section 3.
- Conduct prohibited by the Campus Policy as outlined in Section 4.
- Conduct prohibited by the Sexual and Gender-Based Violence, Discrimination, Exploitation, Stalking, and Harassment 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, Commonwealth of Pennsylvania (or other states, when applicable) and the United States of America.
Conduct Review Process
The Assistant Vice President for Student Services oversees the University student conduct system. Consultation with the Assistant 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 Assistant Vice President for Student Services or Director of Residence Life & Community Standards by any member of the UArts community including another student, a Public Safety officer, or member of the faculty or staff. Allegations involving sexual misconduct will be forwarded to the Title IX Coordinator or may be made directly to the Title IX Coordinator. The University’s online incident reporting system can be found online at uarts-advocate.symplicity.com/public_report. Charges filed must be prepared in writing, preferably through the online system, and will be directed to the appropriate Student Affairs staff.
The Assistant Vice President for Student Services, or their designee, will oversee the review of information received in order to determine further appropriate action, including:
- informal follow up.
- formal follow up under the general conduct process for allegations that, if proven, would not result in suspension or expulsion from the University.
- 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 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 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 discipline under the Student Code of Conduct.
Anyone with questions about the conduct process should contact the Office of Student Affairs at 215-717-6617 or the Office of Residence Life & Community Standards at 215-717-6970 during business hours.
Role of the Advisor
For general conduct adjudication, a list of trained student advisors is available on the UArts website at uarts.edu/students/conduct.
For advanced conduct adjudication both respondents and complainants can work with a trained faculty or staff member that 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 to serve as their advisor. If not previously trained, this individual will be required to meet with the student conduct administrator (or their designee) in advance of any participation.
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.
General Conduct
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, 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 Residence Life & Community Standards (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 UArts email, of the allegations of misconduct and the aspects of the Student Code of Conduct that allegedly have been violated and the name, telephone number, and office location of the student conduct administrator. In addition, the respondent will receive the date and time of the scheduled administrative review with the student conduct administrator to adjudicate the matter.
During resolution, 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, the student conduct administrator determines the incident being discussed is more serious than was originally believed, the administrative review will be stopped immediately, and the incident will be referred to the Assistant Vice President for Student Services to determine the next course of action.
After the administrative review and a review of the information available, including an opportunity for the respondent to respond, 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 of the sanction(s) imposed, if any, within three business days whenever possible.
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 accused or the reporting party. The record shall cite the violation(s), the decision (responsible or not responsible), a brief statement of the facts upon which the finding is based, and the sanction(s).
Advanced Conduct
The procedures applying to investigations conducted under the Sexual and Gender-Based, Violence, Discrimination, Exploitation, Stalking and Harassment Policy are outlined in Appendix A of this Handbook.
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 all academic misconduct cases, are addressed through the advanced conduct process.
An adjudicative 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 adjudicative 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 adjudicative 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) or external adjudicator. A complainant or respondent, however, may request resolution through administrative adjudication, to be conducted by the Assistant Vice President for Student Services (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, 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, CSB or external adjudicator. Both parties must have notice, the opportunity to review the investigative report in advance, and the opportunity to present relevant information. The investigative report will serve as the primary evidence in making a determination of responsibility.
The student conduct administrator will review any investigative report, any witness statements, and any 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.
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). Where 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 or not responsible for the charge(s).
If the respondent indicates they are responsible for the charges, the student conduct administrator will determine sanctions.
If the respondent indicates 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 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 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, of any 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 upon the nature and severity of the allegations, the student conduct administrator may decline to handle the matter administratively and refer the case to the Campus Standards Board or external adjudicator at any time.
Campus Standards Board Adjudication
Campus Standards Board hearings are open only to those people who have specific involvement in the case or who will serve as an advisor to the accused.
The CSB is a review board composed of University faculty and administrators. All CSB members must participate in appropriate 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 Assistant Vice President for Student Services or 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 sufficient to warrant 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 to serve 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. 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.
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 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. Generally, the investigative report will be made available for CSB panel members to review five (5) business days prior to the adjudication.
During 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 make brief inquiries of 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 respondent for review in a space approved by the student conduct administrator and in the presence of the students hearing advisor.
Witnesses
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 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 ten (10) business days before the adjudication to the student conduct administrator by email or in hardcopy format:
- 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 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.
Deliberation
The CSB will determine a respondent’s responsibility by a preponderance of the evidence. This means that the CSB will decide whether it is “more likely than not,” based upon the information provided at the adjudication, that the respondent is responsible for the alleged violation(s).
After all of 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. Typically, the imposition of sanctions will take effect immediately and will not be stayed pending the resolution of the appeal.
External Ajudication
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 accused.
External adjudication follows the process outlined above in the Campus Standards Board Adjudication, but with a single external party serving as the hearing body.
Sanctions
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.
For incidents involving violations of the University Sexual and Gender-Based Violence, Discrimination, Exploitation, Stalking, and Harassment policy the Title IX Coordinator may be consulted in determining an appropriate sanction.
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 violence of the conduct at issue;
- 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; and
- 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 a sanction ranging from a warning to expulsion and appropriate educational requirement. 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 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 typically 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- 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, if found responsible for additional violations of the Student Code of Conduct, including suspension or expulsion from the University. Notification of probation is considered a change in good standing status.
Loss of privileges- Denial of the use of certain University facilities or the right to participate in certain activities, events, programs, or to exercise certain privileges for a designated period of time.
Restitution- A student may be 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.
Fines– The University of the Arts reserves the right to impose fines, as appropriate, in addition to requiring payment for costs resulting from or associated with the offenses.
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. The University may take such action for remedial, rather than disciplinary purposes.
Revocation of Affiliation- Revocation of affiliation is the permanent removal of a student as a member of a specific organization and/or the permanent removal of an organization’s recognized affiliation with the University.
No Contact Directives - No Contact Directives are directives to students that restrict the contact and/or communication between or among designated parties. No Contact Directivesmay 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 or all campus property. Violation of a persona non grata may subject the violator to arrest for trespass.
Educational/Assessment/Referrals- The University reserves the right to impose counseling or substance assessments or other required educational sanctions.
Suspension- 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 Assistant Vice President for Student Services or designee. Suspension is for a designated period of time and includes the probability of more severe sanctions, including expulsion, if found responsible for violations of the Student Code of Conduct. Notification of suspension will normally 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 from the University 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 Assistant Vice President for Student Services or designee. Notification of expulsion will normally be sent to parents, as it results in a change in good standing status.
The following sanctions, among others, may be imposed upon student groups or organizations:
- Deactivation – Loss of privileges, including University recognition, for a specified period of time.
*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 a Resident Assistant or First Year Guide 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 those authorized to request it, such as transfer higher-education institutions and future employers and in other cases when the student initiates the disclosure.
Interim Sanctions
In certain circumstances, the student conduct administrator (or their designee) may impose sanction(s) pending an assessment and/or the adjudication to prevent further acts of misconduct and to provide a safe educational and work environment. 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.
Student Respondents wishing to contest an interim separation action may do so by contacting the Assistant Vice President for Student Services. The Respondent’s appeal must be in writing and include 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 or discipline processes, which shall proceed as normal.
Whenever interim sanctions are imposed, the adjudication is scheduled at the earliest possible time. 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 Director of Residence Life & Community Standards (or their designee). The appeal must be filed within five (5) business days of receiving the written notice of outcome.
Dissatisfaction with the outcome of the hearing is not grounds for appeal.
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; and/or
- procedural error(s) that had a material impact on the fairness of the hearing; and
The limited grounds for appeal of a sanction(s) 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. The appeal consideration will be conducted in an impartial manner by the Director of Residence Life & Community Standards. 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 Director of Residence Life & Community Standards 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 Director of Residence Life & Community Standards 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 Director of Residence Life & Community Standards will return the case to the student conduct administrator for additional review or forward the case to a new student conduct administrator.
In the case of new and relevant information, the Director of Residence Life & Community Standards 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.
Typically, the Director of Residence Life & Community Standards 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, but the time may be longer or shorter depending on the nature of the case. 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 as follows:
- The Vice President for Enrollment Management and Student 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 Provost);
- 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 Enrollment Management and Student Affairs);
Appeals must be filed within ten (10) business days of receiving the written notice of outcome.
Dissatisfaction with the outcome of the hearing is not grounds for appeal.
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; and/or
- procedural error(s) that had a material impact on the fairness of the hearing; and
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 Assistant Vice President for Student Services (or their 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 return the case to the student conduct administrator, CSB, or external adjudicator for additional review or forward the case for a new hearing, which may (at the appeal review party discretion) 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.
Typically, 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, but the time may be longer or shorter depending on the nature of the case. Appeal decisions are final.
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