小优视频

These procedures apply to individual student misconduct, involving violations of the Student Code of Conduct, except for allegations related to Sexual Misconduct and Relationship Violence, which are outlined in Appendix III. Additionally, these procedures do not apply to misconduct involving Registered Student Organizations as such cases are governed by procedures outlined in Appendix II.

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A. Interim Actions

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1. The Office of Student Conduct, and/or appropriate University Official, or designee may impose interim actions prior to, or during an Incident Review Meeting or Student Conduct Hearing Board. For more information on Interim Actions, please refer to Appendix V.听

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B. Notification of Student Misconduct and Incident Review Meeting

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1. Students will be notified of their scheduled Incident Review Meeting at least one (1) Business Day in advance via their University email. The notification will include the Incident Review Meeting procedures, date of alleged misconduct, the allegations of misconduct and the scheduled date and time of the meeting with the Office of Student Conduct.

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C. Incident Review Meeting Rights

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Respondent students are entitled to the following rights during the Incident Review process:听

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1. To receive notification via their University email of the alleged misconduct and student conduct procedures at least one (1) Business Day prior to the scheduled Incident Review Meeting.

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2. To review any incident report(s) submitted to and relied upon by the Office of Student Conduct during the Incident Review Meeting. Review of the report(s) will be facilitated by the Office of Student Conduct and does not entitle the Respondent to retain or receive copies during the meeting. Following the meeting, Respondent students may submit a written request for a copy of the report(s), which will be redacted as necessary in accordance with the Family Educational Rights and Privacy Act (FERPA) and other applicable laws. Requests may be emailed to the Office of Student Conduct. Other materials contained within the case file, including, but not limited to, photographs, videos, audio recordings, electronic communications and digital media will not be released; however, Respondent students may request an opportunity to review such materials in the Office of Student Conduct.

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3. To present information on their own behalf during the Incident Review Meeting.

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4. To accept responsibility for the alleged misconduct. By accepting responsibility during the Incident Review Meeting, Respondent students shall waive their right to appeal the determination of responsibility.

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5. To deny responsibility for the alleged misconduct and request a Student Conduct Hearing Board to determine whether a violation occurred. The appropriate Student Conduct Hearing Board shall be determined by the Office of Student Conduct and the appropriate University Official, or their designee.

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6. To receive notification via their University email of the outcome of the Incident Review Meeting within fifteen (15) Business Days, unless additional time is necessary to gather information relevant to the alleged misconduct.听

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D. Incident Review Meeting Procedures

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1. The Incident Review Meeting is a meeting with the Incident Reviewer and the Respondent student. Witnesses, parents, attorneys and University Support Persons are not permitted to attend this meeting.

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2. During the Incident Review Meeting, the Incident Reviewer will explain the alleged misconduct to the Respondent student and review the submitted incident report with the Respondent student.

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3. The Incident Reviewer will interview the Respondent student about the alleged misconduct. Information shared during the Incident Review Meeting may be used in further disciplinary meetings, including, but not limited to, Student Conduct Hearing Board meetings. During the Incident Review Meeting, the Respondent student may accept or deny responsibility for the alleged misconduct.

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4. If a Respondent student admits responsibility for the alleged violation(s), the Incident Reviewer will impose at a minimum a standard disciplinary outcome. At their discretion, the Incident Reviewer may also impose additional disciplinary outcomes as deemed appropriate. The imposition of disciplinary outcomes may be delayed if additional information is needed. All disciplinary outcomes are subject to approval by the Office of Student Conduct. The Incident Reviewer also reserves the right to refer a case to a Student Conduct Hearing Board for adjudication, regardless of the Respondent student鈥檚 admission of responsibility.

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5. If a Respondent student denies responsibility for the alleged violation(s), the Incident Reviewer may either dismiss the alleged violation(s) or refer the adjudication of the violation to a Student Conduct Hearing Board. The Office of Student Conduct reserves the right to reinstate a dismissed allegation(s) if new information emerges that was not known to the Incident Reviewer or the Office of Student Conduct at the time of the initial Incident Review Meeting.

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6. If a Respondent student fails to attend their scheduled Incident Review Meeting, their case will be referred to the appropriate Student Conduct Hearing Board at the sole discretion of the Office of Student Conduct, and/or appropriate University Official, or designee

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E. Student Conduct Hearing Board Meeting Rights

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Respondent students are entitled to the following rights during the hearing proceeding:

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1. To receive notification via their University email of the alleged misconduct and hearing procedures at least one (1) Business Day prior to the Student Conduct Hearing Board meeting.

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2. To review all information submitted to and relied upon by the Office of Student Conduct during the Student Conduct Hearing Board process, including incident reports, photographs, videos, audio recordings, electronic communications and digital media contained within the case file.

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3. To have a Student Conduct Hearing Board meeting. In cases involving multiple Respondents arising from the same incident or set of facts, hearings may be conducted concurrently. This approach streamlines the process and facilitates a prompt resolution, particularly when witnesses possess information relevant to multiple Respondents. The Office of Student Conduct reserves sole discretion to determine when concurrent hearings shall be held.

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4. To present information on their own behalf before the Student Conduct Hearing Board. This includes up to three (3) witnesses or written witness statements. All witnesses and witness statements must be based on direct knowledge of the incident under review by the Student Conduct Hearing Board. Respondent students may choose not to provide information. A party's decision not to respond to questions or provide information may be considered by the Hearing Board in determining what reasonable inferences, if any, should be drawn from the evidence.

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5. To submit questions for witnesses who provide information to the Student Conduct Hearing Board. All questions must be directed to the Hearing Board Advisor, who will determine their relevance, appropriateness and the manner in which approved questions will be presented.

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6.. To request the removal of a Student Conduct Hearing Board member on the basis of bias or conflict of interest. The Hearing Board Advisor shall make the final determination regarding such requests.

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7. To have assistance by one (1) University Support Person, as defined by University policy. University Support Persons may not speak on behalf of the Respondent student, question witnesses or otherwise participate directly in the proceedings. Attorneys are not permitted to participate in the Student Conduct Hearing Board process.

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F.听听听听 Student Conduct Hearing Board Meeting Procedures

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1. At the sole discretion of the Office of Student Conduct, and/or appropriate University Official, or designee, the Student Conduct Hearing Board may be designated an Administrative Hearing Board or a Student Review Hearing Board. The designation will be based on factors including, but not limited to, the nature and complexity of the alleged misconduct, the potential disciplinary outcomes under consideration, the need for specialized expertise, and the overall interests of the University community.

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2. Student Conduct Hearing Boards are restricted to involved parties. Admission of any individual is at the sole discretion of the Hearing Board Advisor.

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3. Student Conduct Hearing Boards shall not be disrupted by any party. The Hearing Board Advisor has the right to remove any disruptive individual, including the Respondent student. In such cases, the Student Conduct Hearing Board will proceed in the absence of the removed party.

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4.听 Student Conduct Hearing Boards will have a minimum of three (3) voting members to establish a quorum. The Hearing Board Advisor is considered a non-voting member.

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5. Student Conduct Hearing Boards will have one (1) official verbatim record, which is the sole property of the University of Tampa.

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6. Student Conduct Hearing Board members will review relevant information submitted to the Office of Student Conduct, including incident reports, investigation reports, materials submitted by the Respondent student, witness statements and any other information presented during the hearing.

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7. The Student Conduct Hearing Board Advisors, at their sole discretion, may postpone or suspend a Student Conduct Hearing Board to gather additional information.

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8. Student Conduct Hearing Board members, including the Hearing Board Advisor, may question parties providing information during the hearing.

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9. Student Conduct Hearing Boards reserve the right to proceed and make a determination of responsibility in the absence of the Respondent student, Reporting Party or any witnesses, if they fail to appear during a Student Conduct Hearing Board meeting after receiving notice of the hearing.

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10. Student Conduct Hearing Board members are responsible for determining the Respondent鈥檚 responsibility for the alleged violations, using the 鈥減reponderance of the evidence鈥� standard. If a Respondent is determined responsible, Student Conduct Hearing Boards will make disciplinary outcome recommendations to the Office of Student Conduct.

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11. All procedural questions or disputes during the Student Conduct Hearing Board are resolved by the Hearing Board Advisor, whose procedural determinations are final.

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12. The Office of Student Conduct reserves the right to reinstate any dismissed allegations if new information emerges that was not known to the Student Conduct Hearing Board or the Office of Student Conduct at the time of the Student Conduct Hearing Board.

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G. Student Conduct Hearing Board Post-Hearing Rights听

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Respondent students are entitled to the following rights after the hearing proceeding:

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1. To receive notification via their University email of the Student Conduct Hearing Board's determination within fifteen (15) Business Days following the conclusion of the hearing.

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2. To appeal the Student Conduct Hearing Board's determination of responsibility within three (3) Business Days of notification of the outcome.

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3. To request a post-hearing meeting with the Office of Student Conduct to discuss the Student Conduct Hearing Board's determination and next steps. Requests for such meetings must be submitted in writing no later than three (3) Business Days after receipt of the Student Conduct Hearing Board's determination. Requesting a post-hearing meeting does not stay or alter the deadline for appealing the Student Conduct Hearing Board鈥檚 determination.

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H. Types of Student Conduct Hearing Boards

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1. All Student Conduct Hearing Boards are chaired by an Office of Student Conduct designee who serves as a non-voting Hearing Board Advisor. The Office of Student Conduct shall select all Hearing Board members and ensure that Hearing Board members and Hearing Board Advisors receive annual training appropriate to their role. Hearing Boards shall determine responsibility for alleged misconduct and, if a Respondent is found responsible, will make disciplinary outcome recommendations to the Office of Student Conduct. The Office of Student Conduct shall have the sole authority to make a final determination regarding the appropriateness of disciplinary outcomes. All determinations of responsibility shall be based on a simple majority vote of the voting Hearing Board members.

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a.听Student Review Hearing Board 鈥� Comprised of at least three (3) full-time students with a minimum grade-point average of 2.5 Board members shall receive training relevant to the Student Conduct processes and procedures.

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b.听Administrative Hearing Board 鈥� Comprised of at least three (3) faculty and/or staff members. Board members shall receive training relevant to the Student Conduct processes and procedures.

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c.听Registered Student Organization Administrative Hearing Board 鈥� Comprised of at least three (3) faculty and/or staff members. Board members shall receive training relevant to the Student Conduct processes and procedures and institutional policies related to Registered Student Organizations.

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d.听Sexual Misconduct and Relationship Violence Hearing Board 鈥� Comprised of at least three (3) faculty and/or staff members. Board members shall receive training relevant to the Student Conduct processes and procedures.

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I.听听听听听 Appeal of Student Conduct Hearing Board Determination

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1. If the Respondent student is determined responsible by a Student Conduct Hearing Board, they may submit an appeal of the determination of responsibility to the Office of Student Conduct within three (3) Business Days of receiving the notification of the determination of the Student Conduct Hearing Board to their University email. Appeals are limited to a review of the verbatim record of the Student Conduct Hearing Board and supporting documents submitted with the appeal on one (1) or more of the following grounds:

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a.听Procedural Error: To determine whether the original Student Conduct Hearing Board was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.

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b.听New Information: To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the hearing. The Respondent Student must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the hearing.

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2. The Office of Student Conduct, in its sole discretion, will determine if the appeal meets the criteria for review. If the appeal is eligible for review, it will be referred to the appropriate appellate reviewer.

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3. The appellate reviewer has the authority to render the following determinations based on its limited review:

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a. Affirm determination of responsibility and affirm the imposed disciplinary outcomes of the original Student Conduct Hearing Board.

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b. Modify the determination of responsibility and affirm the imposed disciplinary outcomes of the original Student Conduct Hearing Board.

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c. Modify the determination of responsibility and modify the imposed disciplinary outcomes of the original Student Conduct Hearing Board.

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d. Affirm the determination of responsibility and modify the imposed disciplinary outcomes of the original Student Conduct Hearing Board.

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e. Refer the case for a re-hearing by the original Student Conduct Hearing Board or a new Student Conduct Hearing Board.听

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4. All appeal determinations are final. A Respondent student will be notified of the outcome of their appeal within fifteen (15) Business Days via their University email.

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J. Disciplinary Sanctions

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1. When a Respondent student admits responsibility or is determined responsible for misconduct by a Student Conduct Hearing Board, the Office of Student Conduct will review and confirm assigned disciplinary outcomes to ensure the appropriateness of the disciplinary outcome(s) for the violation of misconduct. All disciplinary outcomes are designed to be progressive, educational, and assigned based upon the severity of the Respondent鈥檚 misconduct and prior student conduct history if applicable. Additional information regarding disciplinary outcomes can be found in Appendix V.听

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K.听听听听 End of Semester Incidents

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1. Recognizing that incidents occur during or immediately prior to the closure of an academic semester and between academic semesters, the Office of Student Conduct reserves the right, at its sole discretion, to proceed with student conduct cases during or after final exams have concluded. Alternatively, the Office of Student Conduct may elect to suspend the case until the beginning of the next semester in which the Respondent student is enrolled. In such instances, the following procedures may apply:

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a. Respondent students may be required to participate in an Incident Review Meeting or a Student Conduct Hearing Board meeting during final exam week.

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b. Respondent students may be asked to participate in the conduct process remotely through video conferencing. Notwithstanding, students who reside less than fifty (50) miles away from the University of Tampa Campus may be required to participate in the conduct process in person.

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c. All graduating students who have been documented in an incident that occurred prior to the deadline for final semester grades must complete the student conduct process and all assigned disciplinary outcomes to have their degree conferred.

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d. 小优视频 reserves the right to withhold a Respondent student鈥檚 degree if there is a pending student conduct case or incomplete disciplinary outcome at the time of graduation.

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L. Holds and Incomplete University Sanctions

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1. If a Respondent student fails to complete their disciplinary outcome requirements, the following measures will be applied:

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a. A registration hold will be placed on the Respondent student鈥檚 account; and

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b. The Respondent student may be referred to the Office of Student Conduct for additional University policy violations.

These procedures apply to Registered Student Organization misconduct, including all violations of the Student Code of Conduct, except for sexual misconduct and relationship violence, which is addressed in Appendix III. This section does not cover the procedures used in individual student misconduct which are addressed in Appendix I.听

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A. Interim Actions

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1. The Office of Student Conduct, and/or appropriate University Official, or designee may impose interim actions prior to, or during a Registered Student Organization investigation and Registered Student Organization conduct process. For more information on Interim Actions, please refer to Appendix V.

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B.听Notification of Registered Student Organization Misconduct Investigation

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1. The Office of Student Conduct, and/or appropriate University Official, or designee, will notify the Registered Student Organization鈥檚 President or designee of the alleged policy violation.

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2. A meeting will be scheduled with the Registered Student Organization and the Office of Student Conduct, and/or appropriate University Official, or designee. The Registered Student Organization will receive notice of the meeting at least one (1) Business Day in advance and may bring their official University of Tampa Campus advisor.

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a. The President may designate an alternative representative to respond on behalf of the organization; however, the representative must be a registered student and a member of the organization. The Registered Student Organization remains responsible for complying with all communications and requirements outlined in this process.

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b. The notification will include the Registered Student Organization procedures, date of alleged misconduct, the allegations of misconduct and the scheduled date and time of the meeting with the Office of Student Conduct.

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c. Notification will be sent to the Registered Student Organization鈥檚 President and on the University Tampa Campus advisor through their University email accounts.

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3. The Office of Student Conduct and/or an appropriate University Official or designee will assign one (1) or more Investigator(s) to conduct a prompt and thorough investigation of the allegations related to the Registered Student Organization. The Investigator(s) will not make findings of responsibility related to alleged violations of the Student Code of Conduct.

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4. The Office of Student Conduct will make every effort to complete the investigation in a timely manner. If delays occur, The Office of Student Conduct, and/or appropriate University Official, or designee, will provide both the Complainant and Respondent with an update informing the Complainant and Respondent of the reason for the delay.

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C.听Investigation of Registered Student Organization Misconduct

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1. Registered Student Organizations are not required to participate in the investigation process.

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2. Following interviews with the Investigator(s), each party will be given the opportunity to review a written summary of their own individual statements.

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a. Each party will have two (2) Business Days from receipt of their initial meeting summary to submit any comments or clarifications on their respective summaries. After this period, no edits to these statements will be permitted.

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3. The final investigation report will include a summary of the relevant evidence including witness statements and identify disputed and undisputed facts. The Investigator(s) are responsible for fact finding, including determining whether the alleged conduct could reasonably be associated with the Registered Student Organization.

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a. If the conduct could not be reasonably attributed to the Registered Student Organization, the matter may be referred for review under the individual student conduct process, if applicable. The organization will be notified that the investigation into organizational misconduct has concluded with no further action under this Appendix.

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b. If the conduct could be reasonably attributed to the Registered Student Organization, the report will be forwarded to the Office of Student Conduct for adjudication under this process.听

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D. Review of Investigation Report听

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1. Upon receipt of the Investigator鈥檚 report, the Office of Student Conduct will determine whether sufficient information exists to support alleged violations of the Student Code of Conduct by the Registered Student Organization.

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2. The Office of Student Conduct will notify the organization鈥檚 President or designee and their University of Tampa Campus advisor of the findings of the investigation, any alleged policy violations, if applicable, and the next steps in the process, including the scheduling of an Incident Review Meeting.

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E. Notification of Registered Student Organizational Misconduct Incident Review Meeting

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1. The Registered Student Organization鈥檚 President or designee will be notified of the scheduled Incident Review Meeting at least one (1) Business Day in advance via University email. The notification will include the date of the alleged misconduct, the alleged violations, meeting procedures and the scheduled date and time of the Incident Review Meeting.

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F. Incident Review Meeting Rights for Registered Student Organizations

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Registered Student Organizations President or designee are entitled to the following rights during the Incident Review process:

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1. To receive notification via their University email of the alleged misconduct and student conduct procedures at least one (1) Business Day prior to the scheduled Incident Review Meeting.

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2. To review any incident report(s) submitted to and relied upon by the Office of Student Conduct during the Incident Review Meeting.

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3. To follow the meeting, Registered Student Organizations may submit a written request for a copy of the report(s), which will be redacted as necessary in accordance with the Family Educational Rights and Privacy Act (FERPA) and other applicable laws. Requests may be emailed to the Office of Student Conduct. Other materials contained within the case file, including, but not limited to, photographs, videos, audio recordings, electronic communications and digital media, will not be released; however, Registered Student Organizations may request an opportunity to review such materials in the Office of Student Conduct.

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4. To present information on their organization鈥檚 behalf during the Incident Review Meeting.

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5. To accept responsibility for the alleged misconduct by their organization. By accepting responsibility during the Incident Review Meeting, the Registered Student Organization waives their right to appeal the determination of responsibility.

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6. To deny responsibility for the alleged misconduct and request a Registered Student Organization Administrative Hearing Board to determine whether a violation occurred.

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7. To receive notification via their University email of the outcome of the Incident Review Meeting within fifteen (15) Business Days, unless additional time is necessary to gather information relevant to the alleged misconduct.

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G. Registered Student Organization Incident Review Meeting Procedures

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1. The Incident Review Meeting is a meeting between the Office of Student Conduct and the President or designee and official University of Tampa Campus advisor. No other parties may attend.

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2. During the Incident Review Meeting, the Office of Student Conduct will explain the alleged misconduct and review the investigation report.

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3. The Office of Student Conduct will interview the President or designee about the alleged misconduct. Information shared during the Incident Review Meeting may be used in further disciplinary meetings, including, but not limited to, the Registered Student Organization Administrative Hearing Board meeting. During the Incident Review Meeting, the President or designee may accept or deny responsibility for the alleged misconduct.

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4. If the Registered Student Organization accepts responsibility, the Office of Student Conduct will impose at least a standard disciplinary outcome and may impose additional disciplinary outcomes as appropriate. The imposition of disciplinary outcomes may be delayed if additional information is needed. All disciplinary outcomes are subject to approval by the Office of Student Conduct. The Office of Student Conduct also reserves the right to refer a case to the Registered Student Organization Administrative Hearing Board for adjudication, regardless of the Registered Student Organization鈥檚 admission of responsibility.

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5. If a Registered Student Organization denies responsibility for the alleged violations, the Office of Student Conduct may either dismiss the alleged violation(s) or refer the adjudication of the violation to the Registered Student Organization Administrative Hearing Board. The Office of Student Conduct reserves the right to reinstate a dismissed allegation(s) if new information emerges that was not known to the Office of Student Conduct at the time of the initial Incident Review Meeting.

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6. If a Registered Student Organization fails to attend their scheduled Incident Review Meeting, their case will be referred to the Registered Student Organization Administrative Hearing Board at the sole discretion of the Office of Student Conduct.听

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H. Registered Student Organization Administrative Hearing Board Rights

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The Registered Student Organization鈥檚 President or designee is entitled to the following rights during the hearing proceeding:

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1. To receive notification via their University email of the alleged misconduct and Registered Student Organization hearing procedures at least one (1) Business Day prior to the Registered Student Organization Administrative Hearing Board meeting.

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2. To review the final investigation report submitted to the Office of Student Conduct at least two (2) Business Days before the Registered Student Organization Administrative Hearing Board and throughout the hearing proceedings.

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3. An individualized Registered Student Organization Administrative Hearing Board meeting for their organization. In cases involving more than one Registered Student Organization arising from the same incident or set of facts, individualized Registered Student Organization Administrative Hearing Board meetings may be conducted concurrently. This approach streamlines the process and facilitates a prompt resolution, particularly when Registered Student Organizations possess information relevant to multiple parties. The Office of Student Conduct reserves sole discretion to determine when concurrent hearings will occur.

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4. To present information on behalf of their organization before the Registered Student Organization Administrative Hearing Board. Registered Student Organizations may choose not to provide information. A Registered Student Organization鈥檚 decision not to respond to questions or provide information may be considered by the Hearing Board in determining what reasonable inferences, if any, should be drawn from the evidence.

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5. To submit questions regarding information presented by the Investigator(s). There is no requirement to submit questions; however, all questions must be submitted to the Hearing Board Advisor, who will determine the relevance, appropriateness, and manner in which approved questions will be presented. Approved questions will be asked by the Hearing Board Advisor. Neither Registered Student Organizations nor their University of Tampa Campus advisors shall be permitted to directly question any party during the hearing.

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6. To request the removal of a Registered Student Organization Administrative Hearing Board member on the basis of bias or conflict of interest. The Hearing Board Advisor shall make the final determination regarding such requests.

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7. To receive assistance by the Registered Student Organization鈥檚 official University of Tampa Campus advisor. University of Tampa Campus advisors may not speak on behalf of the Registered Student Organization, question witnesses, or otherwise participate directly in the proceedings.

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I.听Registered Student Organization Administrative Hearing Board Meeting Procedures

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1. All Registered Student Organization allegations will be adjudicated by the Registered Student Organization Administrative Hearing Board.

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2. Registered Student Organization Administrative Hearing Board proceedings are restricted to the Administrative Hearing Board, including the Hearing Board Advisor; the University Investigator(s) who completed the report regarding the alleged misconduct; and the Registered Student Organization's President or designee and the organization's official University of Tampa Campus advisor. Admission of any other individual is at the sole discretion of the Hearing Board Advisor.

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3. Registered Student Organization Administrative Hearing Board proceedings shall not be disrupted by any party. The Hearing Board Advisor has the authority to remove any disruptive individual, including a party or advisor. In such cases, the Registered Student Organization Administrative Hearing Board will proceed in the absence of the removed party.

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4. All Registered Student Organization Administrative Hearing Boards will have a minimum of three (3) voting members to establish a quorum. The Hearing Board Advisor is considered a non-voting member.

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5. All Registered Student Organization Administrative Hearing Board meetings will have one (1) official verbatim record, which is the sole property of the University.

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6. Registered Student Organization Administrative Hearing Board members will review all relevant information submitted to the Office of Student Conduct, including incident reports, investigation reports, materials submitted by the Registered Student Organization, and any other information presented during the hearing.

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7.听 The Hearing Board Advisor, at their sole discretion, may postpone or suspend the Registered Student Organization Administrative Hearing Board to gather additional information deemed necessary for resolution.

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8. Registered Student Organization Administrative Hearing Boards, including the Hearing Board Advisor, may question parties providing information during the hearing.

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9. Registered Student Organization Administrative Hearing Boards reserve the right to proceed and make determinations of responsibility in the absence of the Registered Student Organization鈥檚 President or designee or University Investigator(s) if they fail to appear at a Registered Student Organization Administrative Hearing Board meeting after receiving proper notice of the hearing.

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10. Registered Student Organization Administrative Hearing Boards will determine the Registered Student Organization鈥檚 responsibility for alleged violations using the 鈥減reponderance of the evidence鈥� standard. Registered Student Organization Administrative Hearing Board鈥檚 decision will be reached by majority vote of the voting members. If a Registered Student Organization is determined responsible, the Registered Student Organization Administrative Hearing Boards will make disciplinary outcome recommendations to the Office of Student Conduct.

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11. All procedural questions or disputes during the Registered Student Organization Administrative Hearing Board are resolved by the Hearing Board Advisor, whose procedural determinations are final.

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12. The Office of Student Conduct reserves the right to reinstate any dismissed allegations if new information emerges that was not reasonably known to the Registered Student Organization Administrative Hearing Board or the Office of Student Conduct at the time of the Registered Student Organization Administrative Hearing Board.听

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J. Registered Student Organization Administrative Hearing Board Post-Hearing Rights

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The Registered Student Organization鈥檚 President or designee is entitled to the following rights at the conclusion of the hearing proceeding:

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1. To receive notification via their University email of the Registered Student Organization Administrative Hearing Board's determination within fifteen (15) Business Days following the conclusion of the hearing.

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2. To appeal the Registered Student Organization Administrative Hearing Board's determination of responsibility within three (3) Business Days of notification of the outcome.

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3. To request a post-hearing meeting with the Office of Student Conduct to discuss the Registered Student Organization Administrative Hearing Board's decision and next steps. Requests for such meetings must be submitted in writing no later than three (3) Business Days after receiving the Board's determination.

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K. Appeal of Registered Student Organization Administrative Hearing Board Determination

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1. If the Registered Student Organization is found responsible for misconduct, the President or designated representative may submit a written appeal to the Office of Student Conduct within three (3) Business Days of receiving the Registered Student Organization Administrative Hearing Board鈥檚 determination.

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2. Appeals are limited to a review of the record from the Registered Student Organization Administrative Hearing Board and any supporting documentation submitted with the appeal. An appeal is not a re-hearing of the case and must be based on one (1) or more of the grounds outlined below.

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a.听Procedural Error: To determine whether the original Student Conduct Hearing Board was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.

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b.听New Information: To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the hearing. The Registered Student Organization must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the hearing.

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3. The Office of Student Conduct, in its sole discretion, will determine if the appeal meets the criteria for review. If the appeal is eligible for review, it will be referred to the appropriate appellate officer. The appellate officer may determine that it is appropriate to meet with additional University Officials related to the appeal. Such meetings may include, but are not limited to, consultation with the Investigator(s), the Registered Student Organization Administrative Hearing Board鈥檚 Advisor, or other University Officials involved in the Hearing Board process.

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4. The appellate officer may take one of the following actions:

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a. Affirm the determination of responsibility and affirm the imposed disciplinary outcomes of the Registered Student Organization Administrative Hearing Board.

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b. Modify the determination of responsibility and affirm the imposed disciplinary outcomes of the Registered Student Organization Administrative Hearing Board.

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c. Modify the determination of responsibility and modify the imposed disciplinary outcomes of the Registered Student Organization Administrative Hearing Board.

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d. Affirm the determination of responsibility of the Registered Student Organization Administrative Hearing Board and modify the imposed disciplinary outcomes.

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e. Refer the case for a re-hearing by the original Registered Student Organization Administrative Hearing Board or a new Registered Student Organization Administrative Hearing Board.

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5.听 All appeal decisions are final. The President or designated representative of the Registered Student Organization and the Office of Student Leadership and Engagement will be notified of the appeal determination within fifteen (15) Business Days via their University email.听

听

The following procedures are utilized to adjudicate sexual misconduct and relationship violence complaints (as defined in Section XVIII. Sexual Misconduct and Relationship Violence) that do not fall under the University鈥檚 Title IX Sexual Harassment Policy and Grievance Procedures. For procedures related to other types of student misconduct, refer to Appendix I, and for procedures for alleged misconduct by Registered Student Organizations, refer to Appendix II.听

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A. Interim Actions

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1. The Office of Student Conduct, and/or appropriate University Official, or designee may impose interim actions prior to, or during a sexual misconduct and relationship violence investigation and sexual misconduct and relationship violence adjudication process. For more information on Interim Actions, please refer to Appendix V.

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B.听 Notification of Sexual Misconduct and Relationship Violence Investigation

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1. The Office of Student Conduct, and/or appropriate University Official or designee, will notify the Complainant party of the alleged Sexual Misconduct and Relationship Violence policy violation.

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2. A meeting will be scheduled with the Complainant and The Office of Student Conduct, and/or appropriate University Official, or designee. The Complainant will receive notice of the meeting at least one (1) Business Day in advance and may bring an advisor.

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a. The notification will include the Sexual Misconduct and Relationship Violence meeting procedures, date of alleged misconduct, the allegations of misconduct, and the scheduled date and time of the meeting with the Office of Student Conduct.

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b. At the conclusion of the meeting, the Complainant may submit a written complaint detailing the alleged conduct.

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3. After receipt of the written complaint from the Complainant party the Office of Student Conduct, and/or appropriate University Official, or designee, will notify the Respondent of the alleged Sexual Misconduct and/or Relationship Violence policy violation.

听

4. A meeting will be scheduled with the Respondent and the Office of Student Conduct, and/or appropriate University Official, or designee. The Respondent will be notified at least one (1) Business Day prior to the scheduled meeting and may bring an advisor.

听

a. During this meeting, the Respondent will have the opportunity to review the written complaint and any other relevant information pertaining to the allegation that is available at the time of the meeting.

听

5. The Office of Student Conduct, and/or appropriate University Official, or designee, will assign one (1) or more Investigator(s) to conduct a prompt and thorough investigation of the allegations. The Investigator(s) are responsible solely for fact-finding and will not make findings of responsibility.

听

6. The Office of Student Conduct will make every effort to complete the investigation in a timely manner. If delays occur, The Office of Student Conduct, and/or appropriate University Official, or designee, will provide both the Complainant and Respondent with an update informing the Complainant and Respondent of the reason for the delay.听

听

听

C. Investigation of Sexual Misconduct and Relationship Violence

1. Investigations will consist of a thorough fact-finding process. Throughout the investigation, the Complainant and Respondent(s) may have an advisor present for all required meetings with Investigator(s).

听

2. University Investigator(s) will attempt to conduct interviews with individuals who may have relevant information regarding the alleged misconduct of the Sexual Misconduct and Relationship Violence policy.

听

3. Following interviews with the Investigator(s), each party will be given the opportunity to review a written summary of their own individual statements.

听

a. Each party will have two (2) Business Days from receipt of their initial meeting summary to submit any comments or clarifications on their respective summaries. After this period, no edits to these statements will be permitted within the preliminary and final reports.

听

4. Complainant(s), Respondent(s), and Witness(es)are not required to participate in the investigation process.

听

听

D. Preliminary Investigation Report

听

1. The Investigator(s) will prepare a preliminary written report upon completing the initial fact鈥慺inding phase of the investigation. This report will include all information deemed relevant by the Investigator(s), including statements from parties and witnesses, but will not contain findings or conclusions.

听

2. The Complainant(s) and Respondent(s) will have the opportunity to review the preliminary investigation report. Following this review, each party will have two (2) Business Days to submit written comments regarding the report, including any additional questions for parties previously interviewed.

听

听

E. Final Investigation Report

听

1. After receiving comments from the Complainant(s) and/or Respondent(s), or upon the expiration of the two (2) Business Day comment period without any submissions, the Investigator(s) will review any feedback received, address relevant questions at their discretion, and make any necessary corrections to factual inaccuracies or misunderstandings. The Investigator(s) will then prepare and finalize the written investigation report.

听

2. The final investigation report will include a summary of the relevant evidence, including Complainant(s), Respondent(s), and witness statements and identify disputed and undisputed facts. The final investigation report will not include a determination of responsibility.

听

3. Upon receipt of the final investigation report the Office of Student Conduct will determine whether sufficient information exists to support an alleged violation(s) of the Sexual Misconduct and Relationship Violence Policy. The Office of Student Conduct will notify the Complainant(s) and Respondent(s) simultaneously regarding the determination of alleged policy violations, and if applicable, the next steps in the process. If there is sufficient information to support an alleged violation the Office of Student Conduct and/or appropriate University Official, or designee will forward the final investigation report to a Sexual Misconduct and Relationship Violence Hearing Board for adjudication and resolution.听

听

听

F. Sexual Misconduct and Relationship Violence Hearing Board Rights

听

Complainant(s) and Respondent(s) are entitled to the following rights during the hearing proceeding:

听

1. To receive written notification via their University email of the alleged Sexual Misconduct and/or Relationship Violence policy violations and Hearing Board procedures at least one (1) Business Day prior to the Hearing Board meeting.

听

2. Reviewing the final investigation report submitted to the Office of Student Conduct at least two (2) Business Days before the Sexual Misconduct and Relationship Violence Hearing Board and throughout the hearing proceedings. Other materials contained within the final investigation report, including, but not limited to, photographs, videos, audio recordings, electronic communications, and digital media, will not be released; however, Respondent students may request an opportunity to review such materials in the Office of Student Conduct and will maintain access to such materials during the Sexual Misconduct and Relationship Violence Hearing Board.

听

3. An individualized hearing for each Respondent. In cases involving more than one Respondent arising from the same incident or set of facts, individualized Sexual Misconduct and Relationship Violence Hearing Board meetings may be conducted concurrently. This approach streamlines the process and facilitates a prompt resolution, particularly when Respondents possess information relevant to multiple parties. The Office of Student Conduct reserves sole discretion to determine when concurrent hearings will occur.

听

4. Presenting information on their own behalf before the Hearing Board. Complainant(s) and Respondent(s) may choose not to present information. A party's decision not to respond to questions or provide information may be considered by the Hearing Board in determining what reasonable inferences, if any, should be drawn from the evidence.

听

5. Submitting questions for witnesses and opposing party. There is no requirement to submit questions; however, all questions must be submitted to the Hearing Board Advisor, who will determine the relevance, appropriateness, and manner in which approved questions will be presented. Approved questions will be asked by the Hearing Board Advisor. Neither the parties nor their advisors shall be permitted to directly question any party or witness during the hearing.

听

6. Requesting the removal of a Hearing Board member on the basis of bias or conflict of interest. The Hearing Board Advisor shall make the final determination regarding such requests.

听

7. Assistance by one (1) advisor, as defined by University policy. Advisors may not speak on behalf of the party, question witnesses, or otherwise participate directly in the proceedings.听

听

G.听Sexual Misconduct and Relationship Violence Hearing Board Meeting Procedures

听

1. All Sexual Misconduct and Relationship Violence allegations will be adjudicated by the Sexual Misconduct and Relationship Violence Hearing Board.

听

2. The Sexual Misconduct and Relationship Violence Hearing Board proceedings are restricted to parties involved and approved participants. Admission of any other individual is at the sole discretion of the Hearing Board Advisor.

听

3. The Sexual Misconduct and Relationship Violence Hearing Board proceedings must not be disrupted. The Hearing Board Advisor has the authority to remove any disruptive individual, including a party or advisor. The hearing may proceed in the absence of any removed individual.

听

4. All Sexual Misconduct and Relationship Violence Hearing Board will have a minimum of three (3) voting members to establish a quorum. The Hearing Board Advisor is considered a non-voting member.

听

5. The University will maintain one official verbatim record of the Sexual Misconduct Hearing Board meeting, which shall be the sole property of the University.

听

6. Sexual Misconduct and Relationship Violence Hearing Board members will review all relevant information submitted to the Office of Student Conduct, including the final investigation report, party statements, witness statements, and any other information presented during the hearing.

听

7. The Hearing Board Advisor may, at their discretion, postpone or suspend the Sexual Misconduct Hearing Board meeting to gather additional information deemed necessary for resolution.

听

8. The Sexual Misconduct and Relationship Violence Hearing Board members, including the Hearing Board Advisor, may question any party or witness providing information during the hearing.

听

9. The Sexual Misconduct and Relationship Violence Hearing Boards reserve the right to proceed and make determinations of responsibility in the absence of the Respondent, Complainant, or witnesses if they fail to appear after receiving proper notice of the hearing.

听

10. The Sexual Misconduct and Relationship Violence Hearing Board members are responsible for determining the Respondent鈥檚 responsibility for the alleged misconduct, using the 鈥減reponderance of the evidence鈥� standard. The Sexual Misconduct and Relationship Violence Hearing Board decision shall be reached by majority vote of the voting members. If a Respondent(s) is determined to be responsible, the Sexual Misconduct and Relationship Violence Hearing Board will make disciplinary outcome recommendations to the Office of Student Conduct.

听

11. All procedural questions or disputes during the Sexual Misconduct and Relationship Violence Hearing Board are resolved by the Hearing Board Advisor, whose procedural determinations are final.

听

12. The Office of Student Conduct reserves the right to reinstate any dismissed allegations if new information emerges that was not reasonably known to the Sexual Misconduct and Relationship Violence Hearing Board or the Office of Student Conduct at the time of the Sexual Misconduct and Relationship Violence Hearing Board.听

听

H. Sexual Misconduct and Relationship Violence Post Hearing Board Rights

听

Complainant(s) and Respondent(s) are entitled to the following rights at the conclusion of the hearing proceeding:

听

1. To receive simultaneously notification via their University email of the Hearing Board's determination within fifteen (15) Business Days following the conclusion of the hearing.

听

2. To appeal the Hearing Board's determination of responsibility within three (3) Business Days of notification of the outcome.

听

3. To request a post鈥慼earing meeting with the Office of Student Conduct to discuss the Hearing Board鈥檚 decision and next steps. Requests for such meetings must be submitted in writing no later than three (3) Business Days after receiving the Hearing Board's determination.

听

I. Appeal of Sexual Misconduct and Relationship Violence Hearing Board Determination

听

1. The Complainant(s) and Respondent(s) may submit a written appeal to the Office of Student Conduct within three (3) Business Days of receiving notice of the Sexual Misconduct and Relationship Violence Hearing Board determination.

听

2. Appeals are limited to a review of the record from the Sexual Misconduct and Relationship Violence Hearing Board and any supporting documentation submitted with the appeal and must be based on one of the following grounds:

听

a.听Procedural Error: To determine whether the original investigation was conducted in accordance with established procedures. A deviation from procedure will only be considered a valid basis for appeal if it is determined to have been significant enough to have affected the outcome of the determination of responsibility.

听

b.听New Information: To consider new information that is sufficient to alter the original determination regarding responsibility, and which was not reasonably available at the time of the investigation. The Registered Student Organization must demonstrate that the information could not have been known or discovered with reasonable diligence prior to the investigation.

听

3. The Office of Student Conduct, in its sole discretion, will determine if the appeal meets the criteria for review. If the appeal is eligible for review, it will be referred to the appropriate appellate officer. The appellate officer may determine that it is appropriate to meet with additional University Officials related to the appeal. Such meetings may include, but are not limited to, consultation with the Investigator(s), the Sexual Misconduct and Relationship Violence Hearing Board Advisor, or other University Officials involved in the Hearing Board process.

听

4. The appellate officer has the authority to render the following determinations based on their limited review:

听

a. Affirm the determination of responsibility and affirm the disciplinary outcomes of the Sexual Misconduct and Relationship Violence Hearing Board.

听

b. Modify the determination of responsibility and affirm the imposed disciplinary outcomes of the Sexual Misconduct and Relationship Violence Hearing Board.

听

c. Modify the determined responsibility and modify the imposed disciplinary outcomes of the Sexual Misconduct and Relationship Violence Hearing Board.

听

d. Affirm the determination of responsibility and modify the imposed disciplinary outcomes of the Sexual Misconduct and Relationship Violence Hearing Board. Affirm the determination of the Sexual Misconduct and Relationship Violence Hearing Board and modify the imposed disciplinary outcomes.

听

e. Refer the case for a re-hearing by the original Sexual Misconduct and Relationship Violence Hearing Board or a new Sexual Misconduct and Relationship Violence Hearing Board.

听

5. All appeal determinations are final. Complainant and Respondent students will be notified of the outcome of their appeal within fifteen (15) Business Days via their university email.

听

听