Student Conduct Code - University Conduct Systems
 

8.070. University Conduct System. Reports and complaints of misconduct of a student will be administered in accordance with the standards of due process as established by this Code. Reports and complaints of misconduct of a student organization will be administered in accordance with the standards of fundamental fairness as established by this Code.

8.070.1. Complaint Procedure. Any member of the University community may file a complaint of misconduct by a student or student organization(s). Complaints asking for action on the misconduct are to be prepared in writing and signed by the complainant. Complaints are to be directed to the Assistant Dean of Student Affairs for Citizenship and Community Standards (Conduct Officer). Any complaint should be submitted as soon as possible after the misconduct takes place or becomes known, preferably within ten (10) calendar days. Absent special circumstances, no action may be taken on reports or complaints received more than one year after the misconduct takes place or becomes known, whichever is later. The existence of special circumstances will be determined in each complaint by the Conduct Officer and will include any threats or actions that, through trauma or fear, caused the complainant or any witness to delay their reports of the misconduct. When a complaint is received, the Conduct Officer will conduct an investigation to determine what further action will be taken, including the following:

a.   No Action — Complaints that fall outside the University’s jurisdiction, do not violate the Student Conduct Code, or that are not supported by sufficient information, may result in no action being taken by the Office of Citizenship and Community Standards.

b.   Administrative Hearing — The Conduct Officer may meet with the involved parties in an attempt to resolve the complaint. Such dispositions will be final and there will be no subsequent proceedings 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, or denial of registration for a chartering student organization.

c.   Conduct Hearing Board — any individual or student organization accused of  a violation of the Student Conduct Code may have the complaint heard by a Conduct Hearing Board of his/her/its peers, under the discretion of the Conduct Officer.

 

8.070.2. University as Complainant.  Individuals outside the University may provide information related to student or student organization misconduct to the Conduct Officer for consideration. As necessary, Truman State University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.

 

8.070.3. Group Violations.  When members of groups, individuals acting collusively, or members of an organization acting in concert in violation of any policy, they may be held accountable as a group, and a hearing may proceed against the group as joint accused students.  In any such action, individual findings will be made with respect to each accused student.

 

8.070.4. Conduct Hearing Board. The Conduct Hearing Board (CHB) is comprised of students and faculty or staff. The CHB is chosen from a pool of eligible candidates. For each complaint, a new CHB will be chosen at random under the supervision of the Conduct Officer. Any members of the pool who have a conflict due to any prejudicial factors (anything that would prevent an impartial and objective determination) should remove themselves from consideration. One member of each CHB chosen will be designated by the Conduct Officer to serve as Chairperson, who will conduct the hearing and serve as the official representative of the Board.  The Chairperson has final say on all questions of admissibility of information, appropriateness of questions, and on any procedural decisions.  The CHB will render decisions on all requests prior to and during the hearing, and will be allowed to directly question all involved parties (accused student(s) or student organizations(s), complainant(s), and witnesses) during the hearing.  The Chairperson may also permit parties to directly question each other and witnesses if that can be done with maturity and civility.  All decisions will be made by a majority vote. No student will be found in violation unless information proves that a violation of the Student Conduct Code is more likely than not to have occurred.  Abstention in voting is not permitted. Every voting member will either vote to support a motion or will vote not to support a motion. The term for individuals chosen to be in the pool is two calendar years (January 1^st year one through December 31^st year two), and a member may serve more than one consecutive term at the discretion of the Dean of Student Affairs. Three (3) members consisting of two (2) full-time students and one (1) faculty or administrative staff member are necessary to hear a complaint. The Conduct Officer is responsible for coordinating training sessions, hearings, and assigning complaints. The Dean of Student Affairs or Conduct Officer has authority to make interim appointments to fill any open slot from the three categories below.  Additionally, the Conduct Officer may implement alternate procedures for any conduct complaints occurring at the end of a semester or between semesters, when the usual pool of CHB members is not available.  The composition of the eligible pool will be as follows:

a.  Six (6) full-time students – who are appointed by the Dean of Student Affairs and recommended by the President of Student Senate with the advice and consent of the Student Senate. No more than two (2) full-time students will be allowed to hear any complaint at any time.

b.  Three (3) Faculty – who are appointed by the Dean of Student Affairs and recommended by the Vice President for Academic Affairs after consultation with the Faculty Senate. No more than one (1) faculty or staff member will be allowed to hear any complaint at any time.

c.   Three (3) professional administrative staff – who are appointed by the Dean of Student Affairs and recommended by the Chair of the Staff Council with the advice and consent of the Staff Council. No more than one (1) faculty or staff member will be allowed to hear any complaint at any time.

 

8.070.5. Investigation and Disposition. The Conduct Officer will conduct an investigation to determine if the report or complaint has merit and if the reported violation and any resulting sanctions can be disposed of administratively by mutual consent of the Conduct Officer and the accused student or student organization. If a complaint has been filed, the Conduct Officer may confer with the complainant about the proposed terms of the administrative hearing by mutual consent, prior to a finalization of an agreement with the accused student or student organization. Such disposition by mutual consent is final and there will be no subsequent proceedings. If the complaint cannot be disposed of by mutual consent, the Conduct Officer will prepare written allegations against the accused student or student organization, unless the Conduct Officer finds there are no reasonable grounds for the filing of a complaint.  If the violation(s) cannot be disposed of with an administrative hearing, a Conduct Hearing Board (CHB) will be assigned to resolve the complaint. A CHB will recommend a finding and if merited, the imposition of sanctions, but the Conduct Officer has the right to amend that recommendation.

 

8.070.6. Notice and Time for Hearings. Notice will be in writing, and may be delivered in person during a meeting with the Conduct Officer.  Notice will also be mailed to the local or permanent address of the accused student.  Once mailed, such notice will be presumptively delivered. 

a.   The letter of notice will include a concise summary of the alleged violation;

b.   The letter will state all policies the accused student is alleged to have violated and the  possible consequences if the accused student is found in violation; 

c.   The letter will include the relevant procedures for resolution of the complaint;

d.   The date, time, and place of the hearing;

e.   A list of the University’s witnesses (to be supplemented later if necessary); and

f.    A deadline for meeting with the Conduct Officer.

g.   The letter of notice may also direct the accused student to contact the Conduct Officer within two business days of receipt with a written response to the complaint.

 

Once the accused student responds, written notice of the time, date and location of the hearing will be sent to all parties to the complaint, who may additionally be notified in person, by telephone, or by e-mail.  Such means may also be used when the accused student fails to respond to the mailed notice letter.  If an accused student fails to respond to notice, the Conduct Officer will initiate a complaint against the student for failure to comply with the directives of a University official, and give notice of this offense.  Unless the student responds to this notice within two business days by answering the initial notice, the student will be automatically suspended until such time as s/he responds to the initial complaint.  In complaints where the Assistant Dean of Student Affairs/Citizenship and Community Standards serves as the complainant, another Conduct Officer may carry out his/her pre-hearing duties.

 

Additionally, the following pre-hearing timeline applies to all Conduct Hearing Board (CHB) proceedings:

a.  Once a student denies a violation, they will be given a minimum of seven (7) days to prepare for a hearing. 

At least forty-eight hours before any scheduled hearing, the following will occur:

a.   The accused student will deliver to the Conduct Officer a written response to the  

      complaint;

b.   The accused student will deliver to the Conduct Officer a written list of all witnesses the accused student wants Truman State University to call on his/her behalf at the hearing, giving the full contact information of any such witness, if known. 

c.  The accused student will deliver to the Conduct Officer a written list of all physical items the accused student intends to use or needs to have present at the hearing, and will indicate who has possession or custody of such information, if known;

d.  The complainant will deliver to the Conduct Officer a written list of all witnesses the complainant wants Truman State University to call and all physical items that will be used by the complainant at the hearing and will indicate who has possession or custody of such information, if known;

e.  The parties will notify the Conduct Officer, at least forty-eight hours prior to the hearing, of the names of any advisors who may be accompanying the parties at the hearing;

f.   The Conduct Officer will ensure that this information and any other available written documentation is shared between the complainant and accused student at least twenty-four hours before any scheduled hearing.  In addition, the parties will be given a list of the names of all the hearing officers for the complaint.  Should either party object to any members of the board or panel, they must raise all objections in writing to the Conduct Officer immediately.  Hearing officers will only be unseated if the Conduct Officer concludes that their bias precludes an impartial hearing of the complaint. 

g.  The Conduct Officer will, prior to the hearing, attempt to obtain signed FERPA consents from all parties and witnesses who will participate in hearing.

h.  Witnesses are normally to be identified in advance.  However, the Conduct Officer has discretion to protect the identity of a witness where knowing the witness’ identity is not essential to the defense of the accused student.   While witnesses are subject to questioning at the hearing, unavailable witnesses may submit their testimony by telephone or written statement.

 

8.080.6. Determination and Notice of Sanctions. In each complaint in which a conduct hearing determines that a student or student organization has violated the Student Conduct Code, the sanction or sanctions will be determined in accordance with the rules of this Code or rules issued by the Dean of Student Affairs for that particular conduct hearing. Following any conduct hearing, the decision will be sent via the 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 the decision and recommendation of sanction(s), and information on the review process.