The Code

Due process rights

1. Reasonable, written notice of the Code charge(s) and the allegations upon which the charge(s) is/are based
2. A presumption that no violation occurred
3. A fair and impartial hearing.
4. The right to be accompanied by an Advisor of their choice and expense at any time during the Code process
5. The opportunity to review all relevant information or evidence to be used in the hearing prior to the hearing
6. The ability to participate in the Student Conduct hearing either physically or by contemporaneous alternative means (e.g., Zoom, phone)
7. The opportunity to present, or have your advisor present relevant witnesses and information at the hearing
8. The opportunity to question, or have your advisor question witnesses in accordance with the Hearing Procedures
9. Not to provide self-incriminating testimony. Invoking the right against self-incrimination will not be considered as a negative factor in the decision of the Hearing Officer or Hearing Body
10. Receive notification of the decision of the Hearing Body in writing within fourteen (14) Business Days of the hearing
11. Appeal the decision via the process established by the University

Information session

• An information session is designed to provide the Respondent with information about the adjudication process, as well as giving access to the information supporting the charge(s) available at that time. The information session is not a disciplinary proceeding but may transition to such a disciplinary proceeding if the Respondent waives any applicable disciplinary proceeding rights not met in order to accept a Summary Resolution. 

• If a Respondent fails to attend a scheduled information session, the Respondent will be deemed to have waived their right to an information session. 

Interim suspension

• Where the Chief Student Affairs Officer or designee determines that the health, safety or welfare of the University community are in jeopardy or in danger, an interim (temporary) suspension will be imposed. This includes, but is not limited to, physical assault, hazing, possession of a firearm or explosives, illegal drug, possession and other acts of a similar nature. A Respondent under Interim Suspension is considered not in good standing with the University, resulting in applicable restrictions on privileges and/or activities. The Respondent may neither attend nor participate in any classes, including any online components, during this time. The Respondent is also banned from being on or in any University Premises and/or On-Campus Housing, and from participation in any University- sponsored/related event or activity, except with the permission of the SCAI Director. A Student Organization may neither attend nor participate in any University-sponsored/related event or activity, use University space, register/host gatherings and events, except with the permission of the SCAI Director. 

• The Respondent may petition the Student Conduct Committee (SCC), in writing, for a review of the decision; the University will submit to the SCC, in writing, relevant information related to the decision to impose an interim suspension. 

Resolution options

• Summary Resolution
  • A summary resolution is available when the Respondent waives the right to a hearing, any applicable disciplinary proceeding rights not met, and requests that the Hearing Officer conducting the information session determine the findings and sanctions if applicable. The Hearing Officer reserves the right to conduct fact-finding to make an informed decision. 
• Administrative Hearing 
  • Administrative Hearing - Conducted by a Hearing Officer who serves as the Hearing Body. 

• Student Conduct Committee Hearing
  • Conducted by a committee which serves as the Hearing Body. SCC committees for Conduct violations consist of two (2) Students, one (1) faculty or staff member, and a non-voting Hearing Officer. SCC committees for Academic Misconduct violations consist of three (3) Students, two (2) full-time faculty members, and a non-voting Hearing Officer. The non-voting Hearing Officer will moderate the hearing. 

Appeals

• The Respondent wishing to appeal must complete the appeal form in full, indicating the basis for the appeal, explain in detail the reasons for the appeal and attach supporting relevant documentation. The burden of proof rests with the person appealing to clearly demonstrate the reason for appeal as set forth below
  • Appeal Form  
• The reason for the appeal must be based on at least one of the following:
  • Violations of the appealing party’s rights or other failure to follow the Student Conduct procedures that substantially affected the outcome of the initial hearing
  • New information which was not available at the time of the hearing and could not have been presented. In addition, the appealing party must show that the new information could have substantially affected the outcome
  • The severity of the sanction is disproportionate to the nature of the charge(s)