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Student Conduct Process

Procedure Administrator: Assistant Vice President for Student Advocacy, Belonging & Campus Standards and Dean of Students

Authority: N.J.S.A. 18A: 64-6

Effective Date: December 1, 1976; March 20, 1980; September 18, 2009; August 8, 2016; January 10, 2019; October 7, 2019; September 10, 2020; March 2, 2023; July 1, 2026

Index Cross-References: Policy I-57: Campus Hearing Board, Policy I-120 Student Policy Prohibiting Discrimination and Harassment in the Academic/Educational Environment

Procedure File Number: 1032

Approved By: Dr. Joe Bertolino, President

I. Purpose

At Stockton University, we want all students to be successful and responsible members of our community. With the guidance of the Office of Student Conduct & Advocacy & Advocacy and the support of our faculty and staff through the Student Conduct Process, Stockton University is committed to upholding the community standards outlined in the Campus Conduct Code and the mission of the University. The Student Conduct Process members play a crucial role in addressing and/or adjudicating reported student conduct matters and ensure that students are given the opportunity to have allegations heard by a representative body of the University.

The purpose of this procedure is to prescribe the membership, organization, operation, and authority of the Student Conduct Process. The information included in this Procedure is provided to help participants understand the student hearing process.

All alleged student policy violations under the Campus Conduct Code, excluding Sexual and Academic Misconduct, will be adjudicated by utilizing this Student Conduct Process.

II. DEFINITIONS

Student: Any individual who is admitted to, enrolled in, or registered for any academic course or program at Stockton University, whether full-time or part-time, undergraduate or graduate. This definition includes individuals participating in in-person, online, or hybrid courses; individuals residing in University-operated housing; and individuals who are not currently enrolled but maintain an active relationship with the University (such as those on academic leave or between terms).

University Representative: Individual responsible for bringing the University’s case against any respondent(s) in a hearing.

Advisor: a person permitted to be present during any conduct-related meeting to provide support to a student going through the Student Conduct Process. Though an advisor may support a student, an advisor is not permitted to speak on behalf of a student or offer testimony. A witness cannot serve as an advisor.

Aggrieved Party: A person who has been subjected to conduct that implicates a potential violation of the Campus Conduct Code.

Business Day: A weekday when the University is open and operating.

Complainant: An individual who is reported to have been subjected to conduct that could constitute a violation of the Campus Conduct Code.

Campus Hearing Board: A panel comprised of up to three University community members who are trained and authorized to weigh the information presented in a University hearing to determine both if the student is responsible for the alleged policy violations assigned and if the student is found responsible, assign the appropriate outcomes.

De Novo Hearing: A new hearing where all evidence is reviewed as if for the first time.

Guest of University: An individual who is not currently enrolled as a student or employed as a faculty or staff member of Stockton University.

Hearing Facilitator: A staff member from the Office of Student Conduct or a trained designee who oversees the administrative aspects of a University hearing and ensures the hearing process is conducted in accordance with University procedures.

Outcome(s): Are imposed upon any finding of or acceptance of responsibility for a violation of the Campus Code of Conduct, including any status changes for a student or student organization and/or any additional assigned educational requirements for student to complete.

Preponderance of the Evidence: Under the preponderance of the evidence standard, the evidence must indicate that it is more likely than not that the violation occurred (i.e., that there is a greater than 50% chance that the claim is true and/or that the violation occurred).

Decision Maker(s): an individual or panel responsible for reviewing all relevant information related to an incident where alleged policy violation(s) were assigned and determining the level of responsibility for the assigned alleged policy violation(s). If responsibility is determined, the decision maker(s) will also assign outcomes.

Referral: A formal submission of information via an official Stockton University reporting form that documents a student or student organization may have engaged in behavior that violated the Campus Code of Conduct.

In Absentia: A term meaning in the absence of the student. Cases in which a student does not respond to communications and/or fails to attend scheduled conduct meetings may be adjudicated in absentia, without input from the respondent.

Respondent: An individual who has been named as an accused party who may have engaged in behavior that violated the Campus Conduct Code.

Sexual Misconduct: Sexual misconduct is a form of prohibited conduct that may constitute sex discrimination under Title IX of the Education Amendments of 1972, Titles IV and VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, and other applicable federal, state, and local laws, depending on the nature of the conduct and the circumstances. Sexual misconduct is also a violation of the University's Campus Conduct Code. See University Procedure 6940: Sexual Misconduct Procedure for specific definitions of Prohibited Conduct, Rights and the Resolution Processes.

Support Person: A support person that presents support to an involved party during the student conduct process. A support person is not permitted to participate in the proceeding, nor advise a party. A witness cannot serve as a support person.

Witness: A person identified as being involved, having direct knowledge, and/or witnessing behavior(s) or actions reported in a complaint.

III. REFFERALS REGARDING STUDENTS

A. Referrals Regarding Students

The Campus Conduct Code applies to all undergraduate and graduate students through the date of their graduation. Investigation or adjudication of any alleged violation will continue even if a student takes a leave of absence or withdraws. Through the Division of Enrollment Management, the University reserves the right to manage any student conduct matters that arise from incidents occurring prior to a student’s official date of matriculation.

Conduct that occurs on University premises, in or out of the academic setting, while using University technology, at instructional sites or during off-campus University affiliated events where students are representing the University is subject to the Code of Conduct. A University affiliated event is an off-campus gathering of members of the Stockton community (and/or their guests) which is sponsored or funded in whole or in part by Stockton.

Incidents that occur off campus or at private off-campus events not sponsored or funded by Stockton may be referred through the Student Conduct Process if the conduct violates University policies or procedures, local, state, or federal law, or when the University determines that the conduct has a direct impact on the educational mission and interests of the University and/or the safety and welfare of the University community.

The University reserves the right to hold a student responsible for actions at their residence even if they were not present at the time of the incident. In such a case, the student would be required to produce confirming evidence that they were not involved.

The Code may also be applied to conduct online and via email or other electronic media. Students should be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and may subject a student to allegations of conduct violations (excluding the exercise of constitutionally protected rights, or conduct otherwise permissible under local, State or federal law).

IV. DISCIPLINARY PROCEDURES

A. Procedures for Filing a Report

Any student, employee, or guest of the University may file a report against a student alleging violation(s) of the Campus Conduct Code. Community members may submit a report alleging violation(s) of the Campus Conduct Code.

A report must be filed electronically via an Incident Report Form on the Office of Student Conduct & Advocacy Stockton University website. Upon submission, an Incident Report Form will be delivered to the Office of Student Conduct & Advocacy for processing. Reports should be made as soon as practicable after the alleged incident. Criminal incidents must be reported promptly to permit accurate, complete, and timely information about safety on campus as required under the Jeanne Clery Campus Safety Act (Clery Act), 20 U.S.C. 1092(f).

The report should include as much detail as possible concerning the alleged violations, and where possible, should include the specific reference to the Campus Conduct Code sections allegedly violated. Criminal activity (actual or perceived) should be reported immediately to the Stockton University Police Department. The Stockton University Police Department will submit a report when appropriate.

Once received if the person filing the report does not wish to participate the University may move forward as the Complainant.

Complaints against University employees will be forwarded to the Office of Human Resources, and/or the Title IX Coordinator for review and resolution.

B. Discrimination

Complaints involving prohibited discrimination or harassment based upon race, creed, color, national origin, nationality, ancestry, age, sex/gender including pregnancy, marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability will be referred to the Director of Title VI, Title VII, and Title IX Coordinator for review in accordance with the Student Policy Prohibiting Discrimination and Harassment in the Academic/Education Environment (I.20) and Student Procedure Prohibiting Discrimination and Harassment in the Academic/Education Environment (1200).

C. Initial Risk Assessment

When the University receives notice of an alleged student violation of the Campus Conduct Code, the Dean of Students (or designee) will review the report and conduct a risk assessment to determine whether the alleged violation warrants an interim suspension of any party pending the processing of the report.

Whenever a report provides evidence that the continued presence of the accused student on the campus may pose a substantial threat of self-harm, harm to others, or to the stability and/or continuance of normal University functions, the University reserves the right to impose an interim suspension from classes, residence areas, and/or the entire campus, pending a hearing (refer to Section IV.C.6-7 below for a complete description of procedures).

D. Review of Reports

The Office of Student Conduct & Advocacy will review the report(s) and determine whether the matter should be adjudicated under the Student Conduct Process, and, if applicable, identify the appropriate adjudicator. As part of its information review, the Office of Student Conduct & Advocacy may meet with involved parties to gather additional information before proceeding.

After reviewing the report and conducting any necessary meetings, the Office of Student Conduct & Advocacy will proceed with one of the administrative action(s) below:

  1. No Assignment of Policy Violations

The University may assign alleged policy violations and move a reported matter through the Student Conduct Process only when there is sufficient evidence to support a potential violation of the Campus Conduct Code. When sufficient evidence is not present, the matter will not proceed through the Student Conduct Process Office of Student Conduct & Advocacy.

Additionally, even when alleged policy violations are not assigned, the Office of Student Conduct & Advocacy may meet with the involved student(s) to review the reported matter and discuss its impact on the affected individuals and community. The Office of Student Conduct & Advocacy reserves the right to reopen a closed reported incident if sufficient supporting information becomes available.

  1. Referral to Academic Affairs

If a report alleges potential violations that are academic in nature, the matter will be referred (in whole or in part) to the Office of the Provost for resolution.

  1. Referral to the Office of Title IX and Equal Opportunity

If a report alleges potential violations that include prohibited discrimination or harassment under the Student Policy Prohibiting Discrimination and Harassment in the Academic/Educational Environment, the case will be referred to the Title IX Coordinator for review, investigation, and/or resolution if applicable. The Title IX Coordinator will provide a summary of its investigation or the outcome to the Office of Student Conduct & Advocacy for adjudication, if applicable. See Student Procedure Prohibiting Discrimination and Harassment in the Academic /Education Environment (1200).

  1. Assignment to Mediation

A report may be resolved via mediation. Mediation may not be available if there are pending charges in any criminal court. All named parties must agree to enter a formal mediation process through the Office of Student Conduct & Advocacy. The mediation process does not limit the disclosure of information that is required to be reported and disclosed by Campus Security Authorities and Responsible Employees under the Clery Act, Title IX, or as otherwise required by law.

  1. Interim Suspension

The University reserves the right to suspend a student on an interim basis from classes and/or to limit access to residence areas or the campus (in whole or part) if an incident report or other information provides evidence that the continued on campus presence of the accused poses a substantial threat of self-harm, harm to others, or to the stability and/or continuance of normal University functions. The Dean of Students (or designee) may consult with other University personnel as necessary regarding the imposition of an interim suspension. The Dean of Students (or designee) will consult with the Title IX Coordinator (or designee) to determine the necessity for an interim suspension of the accused in all “sexual misconduct” cases, as defined under the University Sexual Misconduct Procedure.

If an interim suspension is imposed, the student will receive a written notice from the Dean of Students (or designee), along with the University’s Separated Students Protocol. Any modifications to the interim suspension will be communicated in writing by the Dean of Students (or designee). A student placed on interim suspension is immediately removed from the University community, and cannot attend or participate in classes in person, virtually, or via any other modality. Additionally, while on interim suspension, a student is not permitted to reside in the residence halls, or otherwise be present on University property. University policies and procedures will continue to apply during an interim suspension.

A student who receives an interim suspension may appeal to the Vice President for Student Affairs. The Vice President for Student Affairs considers any information provided by the student and evaluates the suspension based on a) the possible threat posed by the student, and b) the reliability of the available information about the incident. If the Vice President for Student Affairs finds that the information about the incident is reliable and that the student does pose a potential threat, the interim suspension will remain in place. If the Vice President for Student Affairs determines that the interim suspension is unwarranted, the suspension will be lifted, and the student may return to the University. The resolution of the charges will proceed based on the applicable procedure.

Consistent with Family Education Rights and Privacy Act (FERPA), notification of an Interim Suspension is provided to the Office of the Provost and student’s faculty members for business purposes. Students should consult with their faculty about available options to make up missed coursework after the interim suspension has been lifted.

The Dean of Students (or designee) will notify the student should the interim suspension be lifted, and of any interim restrictions (e.g., removal from University housing, limited access to campus) during the pendency of any remaining disciplinary processes, criminal proceedings, or relevant medical evaluation.

The University has discretion to impose, lift, reassess, or modify an Interim Suspension as circumstances may warrant at any point in a case as new information becomes available.

V. ADJUDICATION THROUGH THE STUDENT CONDUCT PROCESS

When it is determined by the Office of Student Conduct & Advocacy that alleged policy violations will be assigned, the accused student will be notified of the alleged violation(s) in writing via a letter sent to the student’s University email address. This is the official method of notification. Students are responsible for checking their University email account daily. The letter will include the alleged violation(s), and a brief summary of the reported conduct. Office of Student Conduct & Advocacy Students participating in the Student Conduct Process who require special accommodations must contact the Learning Access Program as early as possible in the Student Conduct Process, but at least five (5) business days in advance of a hearing. The student will meet with a Learning Access Program coordinator and discuss their needs to determine reasonable accommodations. The Learning Access Program will give the student Letter of Accommodation outlining any recommended accommodations. The student must provide the Letter of Accommodation to the Office of Student Conduct & Advocacy for implementation.

A. Initial Conduct Meeting

During the initial conduct meeting, an accused student will have the opportunity to review the Student Conduct Process in full with the Decision Maker. The accused student will have the ability to review the evidence submitted regarding the alleged incident and to share their perspective on what occurred. The Decision Maker will ask questions pertaining to the reported conduct. The accused student(s) have the right to answer or not answer the questions posed. The accused student(s) will be made aware of the proposed outcomes should responsibility be accepted. After all information has been presented, the accused student(s) has three options to resolve the reported matter.

  1. OPTION ONE: CONDUCT MEETING

a. Student accepts responsibility for the alleged policy violation(s) and agrees to the proposed outcome(s) stated by their decision maker. A student may choose to submit a written statement for inclusion in their case. A written explanation will not impact or change the proposed outcomes.

  1. OPTION TWO: OUTCOMES ONLY HEARING

a. Student accepts responsibility for the assigned alleged policy violation(s) but disagrees with the proposed outcome stated by their decision maker and would like to have a Hearing Board review the proposed outcome. Should an accused student choose to proceed with selecting to resolve their case via an Outcomes Only Hearing, they will be provided an Outcomes Only Hearing Request Form to complete within three (3) business days of their conduct meeting. Should an accused student not complete an Outcomes Only Hearing Request Form, the Office of Student Conduct & Advocacy will proceed in scheduling it without them. An accused student may submit written testimony in lieu of attendance to their Outcomes Only Hearing.

Alleged incidents that may result in the Loss of Housing, Suspension, or Expulsion, will be heard by a panel of 3 decision makers. All other proposed outcomes will be heard by a single decision maker.

  1. OPTION THREE: HEARING

A Hearing will occur when a student does not accept responsibility for one, multiple, or all the assigned alleged policy violation(s). During a Hearing both the accused student(s) and University Representative can call witnesses to testify on what occurred. Additionally, outside of the accused student being able to provide testimony, both the accused student and University Representative can make an opening statement, present evidence, ask questions to called witnesses, and make a closing statement.

Should students not attend their scheduled initial conduct meeting, an additional meeting will be scheduled, failure to attend the second meeting will result in the Office of Student Conduct & Advocacy move forward in abstentia. In cases where an outcome of Loss of Housing, Suspension or Expulsion may be imposed, the matter would be moved to a hearing.

Should an accused student choose to proceed with resolving their case the reported misconduct via a Hearing, they will be provided a Hearing Request Form to complete within three (3) business days after their conduct meeting. If the Hearing Request Form is not completed, the Office of Student Conduct & Advocacy will proceed in scheduling without them. An accused student may submit written testimony in lieu of attendance to the Hearing.

VI. ADMINSTRATIVE OPTIONS FOR RESOLUTION

(i) ADMINSTRATIVE HEARING: A hearing where the outcomes of Loss of Housing, Suspension, or Expulsion have not been proposed, an Administrative (single) Decision Maker will review all presented evidence and testimony to determine responsibility for the alleged policy violation(s) assigned.

(ii) UNIVERSITY CAMPUS HEARING BOARD: A Hearing where the outcomes of Loss of Housing, Suspension, or Expulsion have been proposed, a board of three (3) Hearing Board members will review all presented evidence and testimony to determine responsibility for the alleged policy violation(s) assigned.

(iii) SPECIAL ADMINISTRATIVE HEARING PANEL: A Special Administrative Hearing Panel will be appointed at the discretion of the Dean of Students or designee to expedite adjudication of student disciplinary cases where an interim suspension has been issued.

VII. Hearing Procedures

Once a Hearing is confirmed, the Office of Student Conduct & Advocacy will provide written notice of the scheduled hearing within five business days. The notice will include:

  1. The alleged violation(s) of the Campus Conduct Code and the basis of the alleged violation(s);

  1. Date of the alleged violation(s);

  1. Date, time and place of hearing;

  1. Individual presenting the case on behalf of Stockton University

  1. Decision Maker(s);

  1. Information on the parties right to be assisted at a Hearing by one advisor and or support person;

  1. List of Witnesses.

No Campus Hearing Board Member will participate in any case where the member has a direct personal interest, in which the member has acted previously in an advisory capacity, or that creates an appearance of bias or conflict of interest with a Respondent, Complainant, or a Witness.

If a member’s eligibility to participate in a Hearing is challenged by any party, the Office of Student Conduct & Advocacy will decide whether a member may participate in a Hearing. If determined that a member may not participate in a Hearing, a replacement member will be selected from eligible Hearing Board Members.

The photographing, recording, filming, or other similar use of any electronic device (e.g., cell phone, computer, or other audio/video device) by any person or Campus Hearing Board Member is prohibited during any Hearing, other than by the staff of the Office of Student Conduct & Advocacy. The Hearing Facilitator may grant permission to use electronic devices at the hearing to present information related to the alleged violations in the reported incident.

The University Representative and the Respondent have the right to present witnesses, and/or witness statements which are subject to cross- examination by the other parties. The Hearing Facilitator may limit the number of witnesses to be heard. Questions must be directed through the Hearing Facilitator. Written, signed, witness statements must be submitted to the Office of Student Conduct & Advocacy prior to the Hearing. The Witness may submit the statement in person, through their assigned Stockton University email account to the Office of Student Conduct & Advocacy, or through US mail with notarization.

Witnesses will not be compelled to testify against their will.

The Decision Maker(s) will receive and consider relevant and material oral and/or documentary evidence. The Hearing Facilitator may exclude irrelevant or unduly repetitious evidence. Verbal testimony must have direct relevance to the reported incident and will not consist of character witness statements. Anyone who knowingly furnishes false information during a hearing will be referred to the Office of Student Conduct & Advocacy or the Office of Human Resources for a violation of the Campus Conduct Code, as appropriate.

A Respondent or Witness has the right to be accompanied at the hearing or any conduct meeting by one advisor and one support person of their choosing (e.g., an attorney, counselor, parent, friend, roommate). The role of the advisor and support person is to assist and advise and not to offer testimony, question Witnesses, make statements or speak before a Decision Maker(s) in place of the Respondent or Witness. Further, the advisor and support person may not interfere with the proceedings of the Hearing. Failure to follow these instructions may result in the moderator or a staff member from the Office of Student Conduct & Advocacy removing an advisor and/or support person from the Hearing.

Upon request, the Office of Student Conduct & Advocacy will assist a party with finding an advisor and/or support person.

Hearings will proceed, and decisions will be rendered regardless of enrollment status of the Respondent or any Witnesses at the time of the Hearing.

The Respondent is presumed not responsible for the allegation(s).

Following the deliberation, the Decision Maker(s) will issue a written decision, setting forth the determination of responsibility, and if applicable the assigned outcome(s). If responsibility is found responsible, for one or more policy violations, the Decision Maker(s) will determine the appropriate outcome, after considering, the outcome Respondents prior student conduct history for violations in which responsibility was accepted or established.

The Office of Student Conduct & Advocacy will provide written notice of the decision within seven business days to the Respondent. Appropriate offices and external agencies/entities may be notified as required by law, internal policy and practice, or University policy and procedure.

No determination of responsibility or recommendation regarding the imposition of outcomes may be based solely on the Respondents' failure to respond to the allegations or to appear at the Hearing. If a Respondent, who is not present at a hearing, submits written evidence, it will be read into the record by the Hearing Facilitator and considered before a decision is rendered.

VIII. RIGHTS IN DISCIPLIANRY HEARINGS

The University’s Student Conduct Process is not a criminal or civil law process. The rules of evidence, the prohibition of hearsay and opinion evidence applicable in criminal and civil cases generally will not apply. The Student Conduct Process affords the following specific rights to all students:

  1. To receive written notice of any alleged policy violations.

  1. To have reasonable access to case files prior to and during any Hearing. Prior to the Hearing, review of case files take place in the Office of Student Conduct & Advocacy. Alternate arrangements for the case file review may be made at the discretion of the Office of Student Conduct & Advocacy where necessary. The Office of Student Conduct & Advocacy does not maintain or release police reports. Any request for a police report associated with a disciplinary case must be made to the issuing police department.

  1. To have access to advice and support by an individual of their choosing, including an attorney. The University does not provide attorneys to parties.

  1. To decline to appear, to participate or to speak during a hearing without negative inference.

  1. The Respondent is presumed not responsible for the alleged policy violations only after review of credible information presented demonstrates by a preponderance of evidence standard that it was more likely than not that the Respondent was responsible for the alleged policy violation (s) are found only after a review of the credible information presented determines if the Preponderance of Evidence or that it was “more likely than not” that the Respondent was responsible for the assigned alleged policy violations.

  1. The parties are given the opportunity to participate in the Hearing, to present information on their own behalf, to bring Witnesses, and to question Witnesses who appear and provide information at the Hearing.

  1. Following the completion of all Hearings, the parties receive written notification from the Office of Student Conduct & Advocacy with Decision Maker(s) outcome. This notification will include a list of outcomes and information regarding the Appeal Process.

  1. The parties have the right to waive any of these rights.

  1. To be free from intimidation, harassment, bullying, or any other form of retaliation throughout the Student Conduct Process.

IX. OUTCOMES

Outcomes may be applied to address specific personal growth needs pertaining to the behavior that led to violation of the Campus Conduct Code. There are three categories of outcomes: Student Status Changes; Educational; and Restitution.

Student status changes may be applied to reflect the seriousness of a behavior and range from a Warning to Expulsion from the University. A list of code violations and associated ranges of outcomes and status changes can be found on the Office of Student Conduct & Advocacy website.

Students who seek to have outcomes deferred during the Appeal Process below must make a written request to the Dean of Students (or designee) within two (2) business days of the written notice of the decision via an Outcome Deferment Request Form. Submissions via any other modality will not be considered. Individuals who receive an outcome of Expulsion are not eligible for a deferment. Deferments may also include additional restrictions as appropriate (e.g., removal from housing; campus presence limited to class attendance only; etc.).

X. APPEAL PROCESS

A. The Respondent may file an appeal under the following circumstances:

  1. Procedural irregularity or substantive error that affected the outcome of the matter; Deviations from the University’s policy and procedures will not be a basis for sustaining an appeal unless significant prejudice resulted.

  1. New evidence that could affect the outcome of the matter that was not reasonably available at the time the determination regarding responsibility or dismissal was made.

  1. The outcome(s) imposed were substantially disproportionate or not appropriate in light of the violation(s).

All appeals must be made within seven (7) business days of the date of the outcome letter. Appeals must be submitted via an Appeal Request Form. Submissions via any other modality will not be considered and should explain in detail the basis of the request, including any supporting documentation.

B. Appeals for Outcomes(s) Excluding Suspension or Expulsion:

Appeals for outcome(s) excluding Suspension or Expulsion will be heard by an Appeal Board. The Appeal Board is composed of a minimum of three faculty or staff members.

No Appeal Board member shall have participated in the initial adjudication of the case.

The Appeal Board will review the written appeal and all documentation contained in the case file. The Appeal Board by a majority vote will deny or uphold the appeal. This appeal is a written review only. Student(s) will not have the opportunity to directly communicate with the assigned appeal officer.

If an appeal is upheld on the basis of procedural error or new information reasons, the case will be reopened by the Office of Student Conduct & Advocacy to facilitate a De Novo Hearing. If an Appeal is upheld on the basis of inappropriate outcome, the Appeal Board will render the appropriate outcome.

The decision of the Appeal Board is final and not subject to any further Appeal.

C. Appeals For Outcomes of Suspension or Expulsion

Appeals for outcome(s) of Suspension or Expulsion will be heard by the Vice President for Student Affairs (or designee) or the President of the University (or designee), respectively.

The Vice President for Student Affairs (or designee) or President (or designee) will review the written Appeal and all documentation contained in the case file in order to uphold or deny the Appeal.

This Appeal is a written review only. Student(s) will not have the opportunity to directly communicate with the assigned Appeal Officer.

If an Appeal is upheld on the basis of procedural error or new information, the case will be reopened by the Office of Student Conduct & Advocacy to conduct a De Novo Hearing. If an appeal is upheld on the basis of a disproportionate outcome, the Vice President for Student Affairs (or designee) or President (or designee) will render the appropriate outcome.

The decision of the Vice President for Student Affairs (or designee) or President (or designee) is final.

D. Assignment to Outside Adjudicator

The Office of Student Conduct & Advocacy reserves the right to assign a complaint to an external adjudicator for a hearing. The Dean of Students (or designee), in consultation with the Office of General Counsel, has the authority to determine whether a case should be assigned to an external adjudicator, and the selection thereof.

XI. ADJUDICATION UPON REENROLLMENT

If an individual who is no longer enrolled seeks to reenroll or otherwise regain student status, the University may require resolution of any pending or previously unaddressed allegations before reenrollment is permitted. The University may place an administrative hold on the individual’s account to ensure participation in and completion of the Student Conduct Process.

If the individual is found responsible for one or more policy violations, the University can impose outcomes consistent with institutional policies. Such findings and outcomes may impact the individual’s eligibility to reenroll and/or their continued or future enrollment status.

XII. MEDICAL AMNESTY

The safety and well-being of our students is our utmost priority. The University encourages students to seeks medical assistance for themselves or others who may be dangerously affected by alcohol or drugs.

To support a culture of reporting and to protect the health, safety, and well-being of our community, Medical Amnesty can be granted under the following circumstances:

1. An intoxicated student seeks assistance in good faith, related to alcohol or drug use.

2. An individual, in good faith, seeks medical assistance for another person experiencing concerns related to alcohol or drug use.

For the purposes of Medical Amnesty, good faith is defined as seeking medical assistance for oneself or another individual based on a genuine concern for health and safety, and not for purposes of avoiding student conduct related action or interfering with University processes.

While Medical Amnesty is granted on a case-by-case basis, eligible student(s) may not be required to participate in the Student Conduct Process for alcohol or drug related violations. Students granted Medical Amnesty are required to complete educational programming related to alcohol or drug use. Matters in which Medical Amnesty are granted will not be included in a student’s conduct record. Medical Amnesty does not apply to any other violation of the Campus Code of Conduct, unrelated to alcohol or drugs, excluding the distribution of drugs.

Medical Amnesty applies only to the Student Conduct Process. It does not preclude or prevent action by Law Enforcement, nor does it provide protection from criminal or civil consequences that may result from the matter.

The Office of Student Conduct & Advocacy reserves the right to review patterns of student behavior. Repeated incidents involving alcohol or drug related medical emergencies may result in additional alcohol or drug related interventions and/or referrals through the Student Conduct Process.

The University reserves the right to review each incident on a case-by-case basis.

XIII. RECORDS MAINTENANCE

The official records for any student conduct related matter will be maintained by the Office of Student Conduct & Advocacy, with appropriate copies of outcome letters sent to University offices that have a business reason to know such information. Disciplinary record retention, access and disclosure, or notifications will comply with the Family Educational Rights and Privacy Act of 1974 (FERPA), Clery Act, Title IX, and other applicable laws as appropriate.

Disciplinary records maintained by the Office of Student Conduct & Advocacy are retained for seven years from the date of the most recent incident in the student’s file. Records of students who were suspended, expelled, prohibited from future enrollment, or otherwise withdrawn for disciplinary or medical reasons are retained permanently.

Students are advised to consult Academic Affairs with regard to the records retention policies associated with academic dishonesty violations. Violations involving sexual harassment, sexual misconduct, and/or discrimination will be maintained permanently. All other files will be maintained in accordance with law.

XIV. DOUBLE JEOPARDY

Double jeopardy does not apply to University Student Conduct Processes.

XV. EXTERNAL LAW ENFORCEMENT AUTHORITIES

When there is an imminent danger to persons or property on the University campus, and/or when the University’s resources are not adequate to sustain normal operation of the University, the University President may request assistance from external law enforcement officers.

Students should be aware that external law enforcement officers have legal access to the campus at all times. When federal, state, or local law enforcement officers have reason to believe the law is being violated on the campus, they may proceed to take appropriate action on their own initiatives, without the prior request or approval of the University. The Student Conduct Process is not designed nor authorized to enforce local, state, or federal criminal and civil laws. However, once a matter is brought to the University’s attention or a student is adjudged guilty in a civil or criminal court of law, the University may initiate Student Conduct Process procedures. The University is under no obligation to delay University proceedings when a student is also being processed through the criminal or civil system. In addition, the outcome of a criminal or civil process does not influence or change any University processes and/or outcomes.

Review History:

Procedure Administrator 04/20/2026

Divisional Executive 06/15/2026

General Counsel 05/27/2026

Senior Leadership 06/25/2026

President 07/01/2026

*Changes to the Procedure’s organization were made on July 13th to provide more clarity and readability.