Initiation of a Misconduct Report
Any person may file a misconduct report against a student for an alleged violation of the Code. Any student who is alleged to have violated the Student Code of Conduct, will be referred to as the “respondent(s)”. Any party who reports that a student has violated the Code of Conduct, will be referred to as the “complainant(s).” For incidents that do not happen in the Residence Halls, incidents may be reported in one of two ways: submit a Misconduct Report Form or fill out an Incident Report Form with Campus Security. It is encouraged to submit a report as soon as possible following an incident. In the case of incidents or reports within the Residence Halls, Residence Life staff members are responsible for taking the report and submitting it to be reviewed by the Office of Student Rights and Responsibilities (OSRR) for conduct action.
Review by the Office of Student Rights and Responsibilities
Office of Student Rights and Responsibilities shall review any report and assign a case manager. Office of Student Rights and Responsibilities will decide on a method of resolution that best fits the alleged violation(s).
- Conflict Management: Conflict Coaching, Mediation, Restorative Practices, Policy Reminders, Written Warnings (informal)
- Acceptance of Responsibility Resolution Process
- Administrative Hearing Misconduct Resolution Process
- Student Conduct Board (SCB or Board) Hearing Misconduct Resolution Process
- Hearings Adjudicated via Electronic Conferencing (E-Conferencing)
In any method of resolution, the reporting person, student cited for a violation, or witnesses may be requested to meet with the assigned case manager for an initial conference or formal misconduct hearing. For any method of resolution, students will be notified of meetings through an official delivery method of the University, which will usually be the RU student email account. Failure to claim notification will not negate the student’s obligations under this procedure. It is the student’s responsibility to contact the case manager who sent them an email to set up an appointment with that case manager. The appointment needs to be set within three (3) business days after the notice has been sent, barring any scheduling difficulties with the case manager. Upon their discretion, the case manager may allow for more time if they are unavailable to meet within the three (3) business day period. It is the student’s responsibility to communicate immediately if the designated time will not work due to a legitimate reason. If the student fails to notify the case manager of any conflicts and/or fails to attend either the initial conference or formal misconduct hearing the case manager or Student Conduct Board may proceed with the misconduct resolution process described below, and based upon the review of the report, a decision may be made in absentia.After the initial conference and subsequent formal misconduct hearing, the case manager or Student Conduct Board will decide whether a violation of the Student Code of Conduct has occurred. If it is found that the Student Code of Conduct has been violated, an appropriate sanction may be applied by the case manager or Student Conduct Board.Office of Student Rights and Responsibilities may at any time temporarily suspend, ban or deny re-admission to a student, pending final resolution, when they believe that the presence of the student on campus could seriously disrupt the University; constitute a danger to the health, safety or welfare of the University, its members or the student; or when the student’s conduct adversely affects the students suitability as a member of the academic community.
Procedures for resolution through Conflict Management: Conflict Coaching, Mediation, or Restorative Practices
The purpose of Conflict Management techniques is to address disagreements, arguments, or discord between students and faculty or staff, in a way that uses facilitated dialogue. Self-reflection will be encouraged in all sessions. Any student called to attend a Conflict Management session will be expected to participate fully and cooperate with the case managers requests. If a student does not attend the session or does not participate or cooperate, the student may be subject to the formal misconduct process.
Acceptance of Responsibility Resolution Process
The Acceptance of Responsibility Resolution Process is only administered for low level violations of the Student Code of Conduct, specifically guest, noise, identification, and health and safety cleanliness violations. When Office of Student Rights and Responsibilities receives an incident report alleging one of the above mentioned policy violations, the student(s) involved will be sent an Acceptance of Responsibility Allegation Notification. Students may choose to forego a formal hearing by accepting responsibility for the alleged violation. To accept responsibility, the student must reply back to the case manager via e-mail with the following statement, “I accept responsibility for the alleged violation(s).” If the student fails to reply back to the notification within five (5) business days, the case will automatically be sent through the Administrative Hearing Misconduct Resolution Process. If the student instead wishes to have an Administrative Hearing, they can respond to the notification by saying that they do not accept responsibility and an Initial Conference will be scheduled by the Case Manager. If the student chooses to accept responsibility for the cited violation(s), a written warning will be issued as a sanction. Any student who chooses to accept responsibility for the cited violations under this process waives their right to appeal, and acknowledges the finality of the outcome and sanction.
Procedures for resolution through the Administrative Hearing Misconduct Resolution Process
The purpose of the initial conference is to inform the student of their rights under the Student Code of Conduct, to explain the student misconduct process, and to allow the cited student the opportunity to view the incident report and any evidence that has been gathered by the case manager at the time of the meeting. During the initial conference, any student who has been alleged to have violated the Code of Conduct will have the right to request a Student Conduct Board hearing be held in place of an administrative hearing. If this option for resolution is selected, the case manager will forward the case back to Office of Student Rights and Responsibilities for further processing. The respondents will be shown a copy of the incident report during the meeting(s). The student may not keep a copy of this incident report.Any student called to an initial conference may bring an advisor for support, however, the case manager must be notified at least 2 business days in advance. An advisor will only be allowed to confer with their advisee. No advisor may speak at any time in place of the student. The Case Manager reserves the right to exclude an advisor from the conduct proceedings for failure to abide by these guidelines. Students called to an initial conference may be the complainant, the respondent, or witnesses to the incident. The case manager may call witnesses at her/his discretion in order to support fact finding in the resolution of the misconduct process.
Waiver of 3 day notice for Formal Misconduct Hearing
Students have the right to at least three (3) business days’ notice after their initial conference before their formal misconduct hearing can begin. A respondent can waive the right to their three (3) business days’ notice by signing a waiver at the conclusion of their initial conference. By signing this waiver, the respondent is consenting to immediately begin their formal misconduct hearing and is therefore waiving their right to the additional three (3) business days’ notice.
Formal Misconduct Hearing
Following the period of fact finding, the respondent will receive a secondary notification in writing (unless a waiver was signed) to attend a separate formal misconduct hearing with the case manager assigned to the case no less than three (3) business days after the initial conference. The purpose of the formal misconduct hearing is to hear the side of the story as provided by the respondent for a violation of the code of conduct, and for the student to view the incident report and any evidence that has been gathered by the case manager at the time of the meeting. The student may not keep a copy of this incident report. Any student called to a formal misconduct hearing may bring an advisor for support, however, the case manager must be notified at least 2 business days in advance. An advisor will only be allowed to confer with their advisee. No advisor may speak at any time in place of the student. The Case Manager reserves the right to exclude an advisor from the hearing proceedings for failure to abide by these guidelines.
Recording of Hearings
Administrative and Student Conduct Board hearings may be recorded. The purpose of the recording is to have the most accurate information to review at the time of deliberation and determination of findings, specifically for incidents that may result in suspension or expulsion. However, the Case Manager may use their discretion and record other hearing types as well. All recordings are the property of Roosevelt University and are available for review, by all parties involved, upon request. Recordings will be made available to appellate officers if the resulting outcome of a case is appealed. Release of this recording to third parties will only be granted if court ordered or subpoenaed.
After facilitation of the formal misconduct hearing the case manager shall have the authority to act on the University’s behalf in determining whether a violation has taken place and imposing sanctions if necessary. The case manager shall state the decision in writing to the respondent whether or not the student is found to have violated the Student Code of Conduct. The case manager will make a determination that will be made in accordance with the preponderance of the evidence standard.
(*) Academic dishonesty charges follow a separate process under the Consequences of Academic Dishonesty
Procedures for Resolution through the Student Conduct Board Hearing Misconduct Resolution Process
Assignment of a Case to the Student Conduct Board
A case may be assigned to the Student Conduct Board in two (2) ways:
- Office of Student Rights and Responsibilities assigns the case directly to the Student Conduct Board because of the nature of the allegation(s)
- A respondent, who was assigned to have their case heard through the Administrative Hearing process, chooses to have their case sent to the Student Conduct Board during their initial conference
The purpose of the initial conference is to inform the respondent of their rights under the Student Code of Conduct, to explain the Student Conduct Board hearing misconduct process, share the members of the Student Conduct Board who will serve on the panel, and to allow them the opportunity to view the incident report and any evidence that has been gathered by the case manager at the time of the meeting. This meeting will be held with the student’s assigned case manager. A copy of the incident report will be shown in a hard copy version during the meeting(s). The student may not keep a copy of this incident report.Any student called to an initial conference may bring an advisor for support, however, the case manager must be notified at least 2 business days in advance. An advisor will only be allowed to confer with their advisee. No advisor may speak at any time in place of the student. The Case Manager reserves the right to exclude an advisor from the hearing proceedings for failure to abide by these guidelines. Students called to an initial conference may be the reporting person, the student cited, or witnesses to the incident. The case manager may call witnesses at her/his discretion in order to support fact finding in the resolution of the misconduct process.Students who participate in the Student Conduct Board Misconduct Process will not have the option of waiving their right to the three (3) business days’ notice between the initial conference and formal Conduct Board Hearing.
Student Conduct Board Hearing Procedures
- Hearing Guidelines: Conduct Board hearings are non-adversarial, fact finding proceedings. It is the responsibility of the hearing Board to ask all relevant questions, to determine the relevance of all materials, to make decisions based on the materials, and to impose sanctions where appropriate.
- Composition of a Student Conduct Board Hearing: The Student Conduct Board Hearing Panel will be made up of either three (3) or five (5) members. If a respondent is concerned about the ability of a Board member to act impartially, they can request that the Office of Student Rights and Responsibilities Case Manager review the fitness of the particular Panel member to hear their case during the Initial Conference. The role of the Case Manager in the SCB Hearing is to ensure that the Panel follows the process set forth in this document, clarify any questions about the policies and procedures, and to provide consultation on available sanctions. The Case Manager will not have a vote in determining if the respondent has violated the Code of Conduct.
- Notice of Hearings: The respondent, complainant, and witnesses shall be given notice in writing and/or electronic form no less than three (3) business days prior to the date and time of the conduct hearing. All RU faculty, staff, and student notifications will be sent to their RU e-mail address.
- Privacy of Hearings: All Conduct Board hearings will be closed to protect the privacy of the respondent(s). Only those individuals who have been invited to participate in the hearing (Panel members, case manager, respondent, complainant, advisors, and witnesses) are allowed to be present during the proceedings. Witnesses will be allowed to be present only when they are providing their statements to the board. Admission of any other person to the hearing will be at the discretion of the Case Manager.
- Advisors: The respondent, complainant, and witnesses may be accompanied by an advisor in a student conduct board hearing. However, the Case Manager, must be notified at least 2 business days in advance of the meeting, and the advisor may not participate in the meeting in any way. An advisor will only be allowed to confer with their advisee. No advisor may speak at any time in place of the student. The Case Manager reserves the right to exclude an advisor from the hearing proceedings for failure to abide by these guidelines.
- Witnesses: The respondent or complainant may arrange for witnesses to present pertinent information to the Panel. Unless called by Office of Student Rights and Responsibilities, it will be the responsibility of the respondent or complainant to arrange for the attendance of their respective witnesses at the hearing. Witnesses shall provide information about the incident and answer questions from the Panel. Witnesses will be excluded from the hearing until called and will only be present for their testimony, unless circumstances require a modification as fundamental fairness requires.
- Hearing Format: Hearings will follow the sequence below. Modifications to this order may be made at the discretion of the Case Manager to accommodate special circumstances. The hearing is not conducted as a court proceeding, therefore the State and Federal rules of evidence do not apply.
- Reading of Cited Violations
The Case Manager will convene the hearing by reading the alleged violation(s) and requesting that all persons present state their identity for the record.
- Opening Remarks
The complainant and the respondent may each make opening remarks for the purpose of providing the Panel with a short summary of information regarding the complaint and the materials to be presented. The statement of both parties will not exceed 10 minutes. If a case has no complainant, this right is reserved for the respondent. If there is both a respondent and complainant, the complainant will provide their opening remarks first. (This order will be followed in all subsequent sections of this policy, except for cases where no complainant is present)
- Presentation of Information
The complainant will first present any information they believe to be relevant (i.e. witnesses, witness statements, documents, photos, written reports, objects related to the incident) followed by the respondent. The Case Manager, at their discretion, may deem any piece of information irrelevant to the proceedings and may bar its consideration by the Panel.
After each participant has presented their information, the Panel will be given the opportunity to ask any relevant questions they may have. When the Panel has completed their questions, the complainant and respondent may then pose pre-approved questions, through the Case Manager. Any questions that the respondent or complainant have for the other party must be submitted no later than one (1) business day prior to the hearing. These questions must be submitted in a word document to email@example.com. If questions are not submitted within the time outlined, that party will not be allowed to ask questions of the other party unless authorized by the case manager. Any questions posed by the Panel or by participants should be relevant to the conduct proceedings. The Case Manager will determine if the question is relevant and should be answered.
- Final Remarks
The complainant and respondent will each be given an opportunity to make final remarks. The final remarks should be a short summary of the materials and statements presented, and should not exceed five (5) minutes.
- Closed Conference
After all information is presented in a SCB Hearing, the Panel shall determine whether the accused student is found “responsible” or “not responsible” for each alleged violation. The Board will deliberate the policy violations and sanctions in private, with consultation from the Case Manager. The determination shall be made by majority vote of the Panel. The Panel’s determination shall be made in accordance with the preponderance of the evidence standard. If the Panel makes a “responsible” determination, they will move on to the sanctioning phase of the deliberation process. The Panel will be given the respondents previous conduct history and will consider any sanctions imposed on the student in the past, in determining what sanctions should be applied. A majority vote is required to issue a sanction. Each member of the Panel will have one vote. The deliberations of the Panel will not be recorded.The case manager reserves the right to modify the decision of the Panel in the interest of fundamental fairness if a finding or sanction is grossly disproportionate to the weight of the evidence or violation cited.
- Notification of Decision
The Case Manager will notify the accused student, in writing, within two (2) business days after the deliberation. Notification will be sent to the students RU email address.
- Reading of Cited Violations
- Record of Hearings: Office of Student Rights and Responsibilities will maintain a record of the hearing which may be in the form of a written summary of the proceedings or an audio recording. Only Office of Student Rights and Responsibilities may audio record the hearing. Any party involved is welcome to take notes during the hearing process, but audio or video recordings by the parties are not allowed. Deliberations shall not be recorded. Conduct case records are only shared in accordance with FERPA and other University records policies.
- Failure to Attend a Student Conduct Board Hearing: It is the responsibility of the respondent to attend the scheduled hearing. If the student fails to notify the Case Manager of any conflicts and/or fails to attend the hearing, the Student Conduct Board may proceed with the misconduct resolution process in their absence. Based upon the review of the report, a decision may be made in absentia.
- Amendments to the Misconduct Resolution Process
During specific times of the academic year, the Misconduct Resolution Process will be modified. If a student is documented, during finals week, for violating the Student Code of Conduct the Office of Student Rights and Responsibilities will contact them, within 24 business hours, to schedule an appointment. This meeting will include both the Initial Conference and Formal Misconduct Hearing. During this time students will not have the right to 3 business days in between each meeting, as outlined above. This temporary change is implemented during finals week to prevent unresolved incidents at the end of each academic semester.Instances in which students are incapable of attending the Formal Misconduct Hearing, (due to personal matters such as hospitalization) a determination will be made in their absence and communicated via their Roosevelt email. However, the appeal process will be altered and extended to a specific date determined by the case manager.
- Hearings Adjudicated via Electronic Conferencing (E-conferencing)
Circumstances may arise that inhibit a student from attending a conduct meeting in person. As a result, Case Manager(s) may offer to host the meeting via telephone or video conference. All students’ rights remain and the Case Manager may use e-mail communication during different stages of the process, such as completing the Misconduct Resolution Checklist, to ensure proper procedural due process. If a student is granted a hearing via e-conference, the student waives the right to have their case heard by the Student Conduct Board. E-conference hearings are granted at the sole discretion of the Case Manager, students may not opt in to a hearing via e-conference.
- Amendments to the Misconduct Resolution Process