ARTICLE III: UNIVERSITY PROCEDURE FOR RESOLUTION
 
A. Filing a Complaint
 
Any university official or student may file a complaint against a student. If a student observes another student committing a violation of the Student Code of Conduct, or is the victim of a crime, he or she may inform a faculty member, staff member or university police officers who will make a written report to the Office of Student Development and Conduct for violations of the Student Code of Conduct. The student reporting the violation would be expected to appear and testify at any resulting judicial proceedings. This requirement may be waived in exceptional cases where the identity of the person reporting the violation needs to be protected.
 
The following steps must be followed to file a complaint of misconduct against a student:
1.    An Official Incident Form (OIF) must be completed and      signed; and
2.   The completed and signed OIF must be submitted to the Office of Student Development and Conduct located in 303A Young Hall
 
B. Judicial Process for University Policy, Rules or Regulation Violations
 
There are several options for the resolution of disciplinary matters and it is at the discretion of the Vice President for University Advancement and/or a designee to determine which judicial board will consider the charges based on the type of violation(s), the caseload of the judicial board and other factors.
 
The University Judicial Officer has the responsibility to receive and, where appropriate, conduct a preliminary investigation and bring closure to the matter, or to determine if the evidence of the offense warrants further action. In instances of minor offenses, sanctions will be assigned at the discretion of the Judicial Officer without resorting to a hearing. In some instances, the student will be notified in writing that an infraction has been reported and his or her behavior is being monitored for a specific period of time.
 
Any student charged with a violation will be scheduled for a Pre-Hearing Conference to begin the investigative process.
 
C. Pre-Hearing Conference
 
At the Pre-Hearing Conference the student is:
 
  1. Given an explanation of the judicial process
  2. Given a detailed explanation of the charges
  3. Given an explanation of the rights and responsibilities of the student
  4. Given an opportunity to ask questions regarding the judicial procedures
  5. Given the opportunity to enter a plea of “responsible” (admitting to having committed the offense) or “not responsible” (denying having committed the offense). If the student pleads “responsible”, then the Judicial Officer will evaluate the case and apply appropriate sanctions. If the student pleads “not responsible,” the case will be forwarded to the appropriate disciplinary committee. 
  6. Informed of his or her right to bring witnesses and evidence to the hearing
  7. Informed of the appeal process
  8. Informed of the option to waive his or her right to a hearing
  9. Given the Student Conduct Acknowledgement Form to read and subsequently sign. Signing this form verifies that the above listed items occurred at the Pre-Hearing Conference.
If a student fails to attend a scheduled Pre-Hearing Conference or Conduct Hearing, the Pre-Hearing and/or Conduct Hearing may proceed in the absence of the student. Such an absence will not be considered grounds for an appeal, unless the student provides a reasonable and compelling cause. .
 
Students may receive sanction(s) at the end of the Pre-Hearing Conference. If this occurs, the case is considered closed. If the student is not pleased with the sanction, an appeal can be made to the Vice President for University Advancement.
 
If the case merits a hearing, a written notice along with a hearing date and time will be sent to the student’s email and through campus mail. It is the responsibility of the student to read all emails and pick up campus mail. Failure to do so will not postpone, or change the hearing date and time.
 
Waiver of Right to a Hearing
In the case of Student Code of Conduct violation(s), after being informed of the charges and rights, including the right to a hearing, a student may decide to voluntarily waive this right and request that a resolution of the charges be made by the Judicial Officer. When a student waives the right to a hearing, he/she will indicate this on the Student Conduct Acknowledgement Form.
 
In cases of misconduct prohibited by the university, a student must take the following actions to request that charges be settled without a formal hearing before a judicial committee:
 
  1. Meet with the Judicial Officer to discuss the charges
  2. Present a responsible plea to the charge(s) of misconduct under the regulations
  3. Agree to accept the sanction(s) to be imposed
  4. Agree to a waiver of right to a hearing
  5. Obtain the signature of the Judicial Officer and the Vice President for Advancement
The Judicial Officer and/or Vice President for Advancement may decline the student’s request for a waiver of hearing. If the student’s request is declined, the student shall be referred to a judicial board. If the Judicial Officer and Vice President for Advancement agree to the request for a waiver of hearing, any sanction or sanctions imposed will be governed by the principle of “like sanction for like violation.”