Student Conduct Code - Review Process

8.100. Reviews. The Student Conduct Code allows the accused student, student organization or the complainant to petition for a review of the finding(s) or sanction(s) of a University Conduct Hearing Board.  A petition for the review of the finding(s) or sanction(s) of an administrative hearing cannot be made except when an individual is suspended or expelled from the University or residence hall/apartment or when a student organization is suspended or their charter or registration/recognition is revoked.  Normally, sanctions are in place from the time of  imposition, but the Dean of Student Affairs has discretion to suspend sanctions during the period in which the complaint is being reviewed. 

8.100.1. Contents of the Review. The review must include the grounds for the review as well as supporting facts and arguments. The following are grounds for a review:

a.    New information, unavailable at the time of the board hearing, is now available and  could materially affect the decision that was rendered.

b.    “The hearing board deprived a party of a right the party had according to the rules and regulations governing the University Conduct System; and this deprivation materially affected the decision.”  In other words, a review can be filed on the grounds that the process was not conducted according to the procedures described in the Student Conduct Code and the process failure influenced the decision that was rendered.

c.    “The finding of ‘in violation’ is not supported by substantial evidence.”  In other words, a review can argue that the evidence was not substantial enough to justify an “in violation” finding.

d.   “The sanction(s) imposed is not proportionate to the severity of the violation(s).”  In other words, the review can argue that the sanctions were inappropriate when the circumstances of the act and prior record of the accused are considered. 

8.100.2. Filing. Any review must be submitted in writing, addressed to the Dean of Student Affairs and delivered to the Conduct Officer, and include all supporting facts and arguments, no later than three (3) calendar days after the notification of decision has been delivered to the accused student, unless an extension has been granted by the Conduct Officer for the case. A review letter must meet two conditions:

   a.   It must cite the basis of the review;

   b.   It must provide sufficient and detailed information to support the review.

Failure to meet either or both of these conditions will be sufficient cause to deny a review. The Conduct Officer for the case will make the determination as to whether both conditions have been met. 

8.100.3. Review by the Dean of Student Affairs. The Dean of Student Affairs has fourteen (14) calendar days after the date the review is delivered to the Conduct Officer to respond to a petition for review, unless there are extenuating circumstances that require additional time for the review to be considered. The Dean of Student Affairs may grant the review, and if so, decide whether to return the complaint to the hearing board for reconsideration, or to conduct the reconsideration herself/himself. Generally, reviews will involve a review of the hearing record, but the Dean of Student Affairs may conduct a new hearing, interview witnesses or otherwise direct further investigation at her/his discretion.   

The standard for review is a deferential standard.  It is not merely a matter of whether the Dean of Student Affairs agrees with the hearing board.  S/he may only alter the finding if there is clear error.  S/he may only alter the sanction if a compelling justification exists to do so.  

The Dean of Student Affairs’ decision will be sent via United States Postal Service mail or hand delivered to the accused and complainant, if applicable, to the last known address and will include a concise summary on why the decision was upheld or amended as well as information on the review process. Any decision rendered by the Dean of Student Affairs will be final except in those complaints involving students whose sanction is suspension or expulsion from the University or student organizations whose sanction is recommendation for charter revocation or suspension or revocation of University registration/recognition. In those complaints, the accused may petition for Extraordinary Review by the President of the University.  

On the rare occasion when the Dean of Student Affairs is unavailable to conduct a review of a particular case, a designee may be appointed by the Dean of Student Affairs. On the rare occasion when the Dean of Students is unavailable to conduct a review due to a conflict of interest with a particular case, then the President will appoint the designee. 

Source: Resolution of the Board dated December 2, 2006

8.100.4. Review by the President. A petition for Extraordinary Review can be made to the President of the University when a review by the Dean of Student Affairs has already been decided and when either of two grounds exist:

a. New information, unavailable at the time of the review by the Dean of Student Affairs, is now available, and could materially impact on the decision rendered by the Dean of Student Affairs;

b.Outcome determinative procedural errors or deprivation of student rights not cured by the review to the Dean of Student Affairs, or arising from the review decided by the Dean of Student Affairs.

The review letter needs to be delivered to the Dean of Student Affairs within seven (7) calendar days after notice of the Dean of Student Affairs’ decision, unless an extension is granted at the discretion of the Dean of Student Affairs.  The review letter must cite the basis of the review (one of the two “grounds” listed above).  The letter must then provide “sufficient and detailed information to support the review.”  The Dean of Student Affairs will review the letter to ensure the letter contains the required components prior to delivering the review letter to the President. 

On the rare occasion when the President is unavailable to conduct a review or, due to a conflict of interest, is inappropriate to review a particular case, a designee may be appointed by the Dean of Student Affairs or the President to conduct the review.

Source: Resolution of the Board dated December 2, 2006

The standard for review is a deferential standard.  It is not merely a matter of whether the President agrees with the Dean of Student Affairs.  S/he may only alter the finding if there is clear error.  S/he may only alter the sanction if a compelling justification exists to do so.  The President’s decision will be rendered in a “reasonable matter of time” and is final. The President may decide that no review is warranted, grant a review and direct the Dean of Student Affairs to reconsider or grant the review and consider the matter directly.