FAQs about the Student Disciplinary Process

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You can find the campus Sex-Based Misconduct Policy and additional information on campus policies and procedures here.

The Office for Student Conflict Resolution (OSCR) investigates alleged violations of the Student Code, whereas the police investigate alleged violations of the law. These investigations follow different procedures, are conducted by different individuals, and use different standards of proof. The standard of proof in the student disciplinary process is the preponderance of information standard, which means whether it is more likely than not sex-based misconduct occurred. Criminal trials use a higher evidentiary standard, and the defendant's guilt must be proven beyond a reasonable doubt. Although the police and the University may share information discovered in their investigations, they proceed independently, and the decisions reached in one do not necessarily impact those reached in the other.

Yes. The student disciplinary system and the criminal justice system operate independently. The outcome in one does not determine the outcome in the other. In fact, OSCR may proceed with a case within the student disciplinary system even if the matter is never reported to the police.

Both the complainant and the respondent have the right to receive email notice, to identify witnesses and provide relevant information, to review and respond to evidence, to participate in any hearing before the Subcommittee on Sexual Misconduct, to receive a timely written decision, and to appeal that decision. In addition, both the complainant and the respondent may have an advisor of their choice accompany them to any meeting or hearing to which they are invited and may choose not to answer any question during the investigation. For a complete list of rights, please review Appendix D, Student Conduct Procedure for Allegations of Sex-Based Misconduct of the Student Disciplinary Procedures.

The campus Sex-Based Misconduct Policy expressly prohibits retaliation. You can raise any concerns you have about retaliation with OSCR staff. You are encouraged to report any retaliation you experience during or after the investigation. The university takes reports of retaliation very seriously and investigates them as violations of the Sex-Based Misconduct Policy.

Under Appendix D, Student Conduct Procedure for Allegations of Sex-Based Misconduct, the Title IX Coordinator, in consultation with OSCR staff, may dismiss a formal complaint or any allegations if a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations. The Title IX Coordinator, in consultation with OSCR, will determine whether concerns for campus safety require that the investigation proceed without the complainant's participation. The result of that evaluation will be communicated to the parties as appropriate.

If the Title IX Coordinator requires the investigation to proceed, the complainant is never required to participate in the investigation or the remainder of the disciplinary proceeding.

Any student found in violation of the Sex-Based Misconduct Policy will be assigned a formal sanction. Formal sanctions range from a University Reprimand to Dismissal from the university. Furthermore, most respondents will also be assigned one or more educational sanctions. Finally, the university may restrict a respondent's behavior in other ways. For instance, the university can issue a no contact directive prohibiting a respondent from having contact with a specific individual or from going to a particular location. Please review Actions Possible in Individual Student Disciplinary Cases for more information.

A complainant and respondent may have an advisor of their choosing during any part of a disciplinary process. The Title IX Office can assist parties with supportive measures, direct parties to available resources, and answer questions. Additionally, Resources for Students can provide additional support depending on your needs.

An advisor provides a respondent or complainant support, guidance, or advice. Respondents and complainants may be accompanied by an advisor of their choosing to any meeting with an investigator or to any proceeding to which the advisee is invited.

Information regarding alcohol and drug use may be relevant for determining whether consent was provided in a particular case. However, a complainant will not face disciplinary action due to the use of alcohol or other drugs at or around the time of the reported incident. Please review the Statement on Medical Amnesty and Survivor Protections for more information.

If your case proceeds to a formal hearing before the Subcommittee on Sexual Misconduct (SSM), both you and the other party will both be invited to participate. SSM hearings are all conducted remotely through video conferencing (Zoom).

For sex-based misconduct cases, a panel of three members of the Subcommittee on Sexual Misconduct, a group of trained faculty, staff, and students, renders a decision following a formal hearing and a thorough review of the evidence.

For an appeal of a panel's decision, three members of the Senate Committee on Student Discipline will consider the appeal.

Complainants and Respondents have a right to a timely investigation and decision. The anticipated duration of a sex-based misconduct investigation is approximately 40-60 business days following notification of the allegations. The investigator may extend this timeframe in increments of 10 business days for good cause provided the investigator or their designee notifies both parties in writing of the delay and the reason for the delay. Acceptable reasons include, but are not limited to, the complexity of the investigation, the number of witnesses, the need for language assistance or accommodation of disabilities, and the possibility of interruption by break periods.

The anticipated duration of the appeal process, from the written notification of the Panel’s decision to the notification of the Appeal Committee’s decision, is no more than 25 business days, but the Director may extend this timeframe in increments of 10 business days for good cause provided the Director or their designee notifies both parties in writing of the delay and the reason for the delay.