Conduct Procedures for Social Policies

CONDUCT PROCEDURES FOR SOCIAL POLICIES

Potential violations of the social policies in the Code of Conduct are referred to the Office of Student Conduct. The Office of Student Conduct works to review and investigate reports received in a thorough and efficient manner, with consideration for university holidays and breaks. The student conduct process and all applicable timelines commence with notice to an administrator of a potential violation of the Code of Conduct.

Preliminary Review of Information

The process begins with a preliminary review of the nature of the incident or report, the information available, and the parties involved. The hearing officer or investigator(s) take the following steps:

• Conduct a review of available information and/or preliminary investigation to identify the nature and severity of the complaint, identify an initial list of potential policy violations, and understand the context of the incident(s),
• Initiate any necessary interim administrative actions

The preliminary review may lead to:

• Determination that there is insufficient evidence to pursue the investigation
• Referral for an alternative resolution process (i.e. educational conversation or action plan, mediation, restorative conference/circle); or
• Proceeding with the formal student conduct process by identifying potential policy violations and sending notification to the student(s) to meet for a student conduct conference.

While an incident may involve behaviors that do not reflect the values of the Honor Code, they may not necessarily violate the Code of Conduct. In those cases, the dean of students, the assistant dean of students, or the director of student conduct have the discretion to refer a complaint/report for an educational conversation or another appropriate resolution method.

Student Conduct Conference

The student conduct conference is an opportunity for the hearing officer/investigator to gather information about the incident and students’ involvement prior to issuing formal charges or notice of a hearing. After the incident report is reviewed, the student is sent a notice indicating the information from the indent report, the list of potential policy violations and notice of student conduct conference. The student conduct conference is not a hearing.

At the student conduct conference, the hearing officer/investigator reviews the incident report, describes alleged policy violations and sanctions, and answers student questions regarding the student conduct process. The student is given an opportunity to respond to the report and provide information necessary to determine if and what policy violations may have occurred.

The student conduct conference notice provides a date, time and location for the conference or directions for scheduling the conference. When there is more than one student involved in an incident, a group conference may be scheduled. Students may bring an advisor from the Elon University community (currently-enrolled student, faculty or staff member) to the conference. If the student does not attend the scheduled conference or contact the hearing officer/investigator within the timeline indicated in the notice, charges may be issued and a hearing may be scheduled.

At the conclusion of the conference the appropriate course of action will be determined.  The outcome of this conference may include:

• A decision that there is insufficient information to proceed with charges
• The student accepts responsibility for the alleged policy violations during the meeting, agrees to findings and sanctions, and waives the option for a formal hearing
• A determination that additional investigation is needed
• Issuing formal charges and scheduling an administrative hearing with the same hearing officer (students have at least three business days between the conference and hearing); or
• Referring the case to another hearing officer or the honor board.

When additional investigation is needed, the hearing officer/investigator will talk with other involved parties with relevant information. Character statements and other information not relevant to the facts of the incident will not be considered for findings/sanctions.

All relevant information gathered in an investigation will be shared with the respondent (and reporting party as allowed by federal regulations) and presented to or used by the hearing officer/honor board when making decisions related to formal charges, findings of responsibility, and sanctions.

Administrative Hearing and Resolution

The hearing is the opportunity for students to hear and respond to all information related to alleged policy violations. Most hearings are conducted administratively with a hearing officer. During the process, the hearing officer asks questions regarding the incident and the responding student’s behavior related to the alleged policy violations. The hearing officer provides the responding student the opportunity to hear and respond to all relevant information gathered as part of the investigation and to present information or witnesses to the incident on their own behalf. If necessary, the hearing officer may postpone the conclusion of the hearing for a reasonable amount of time in order to gather additional information.

All hearings are restricted to those directly involved with the incident and those requested to be present by the institution. Respondents and reporting parties may bring an advisor from the Elon University community (currently enrolled student, faculty or staff member) to the hearing. Family members, attorneys or other legal counsel may not attend or serve as advisors in campus student conduct proceedings. Advisors may only counsel the student and may not actively participate in the hearings. The advisor may not make a presentation or represent the student during the hearing. They may confer quietly with their advisee, exchange notes, and suggest questions to their advisee.

Notice of the formal charges, the time, date, location of the hearing, and the name of the hearing officer will be provided in writing (unless waived by the student). If a student cannot attend the hearing, it is that student’s responsibility to notify the hearing officer  no less than two (2) business days prior to the scheduled hearing to arrange for another date, time and location. Except in cases of unforeseen circumstances, if the responding student fails to give the requisite minimum two (2) day notice, or if the responding student fails to appear, the hearing will proceed as scheduled.

If the responding student (or reporting party, when applicable) does not attend the scheduled hearing, the case is heard without the student present, and a decision is reached based on the information available.

The resolution will include a rendering of a “Responsible” or “Not Responsible” decision for each potential violation based on the preponderance of the evidence standard. If Responsible, the resolution will include applicable sanctions. The resolution may be communicated to the student at the conclusion of the hearing, in a separate meeting, or delivered in writing. In instances where there is a finding of responsibility and the typical sanction includes disciplinary suspension or permanent separation, the hearing officer will consult with the dean of students or designee prior to notifying the respondent of the resolution. In cases involving graduate students, the hearing officer may consult with the graduate school dean or designee to determine appropriate institutional sanctions

Referral to and Procedures for Honor Board Hearing

The Honor Board hears social policy cases referred by the Office of Student Conduct. Students who are charged with violations where suspension may be a potential sanction may request the case be heard by the Honor Board rather than an administrative hearing.

An Honor Board hearing is conducted with the appropriate board members, the responding student, reporting party (if applicable), advisors, and any witnesses. The director of student conduct (or designee) will ensure that the hearing information and any other available written documentation is available for the parties to review at least two (2) business days before any scheduled hearing.

The names of the potential hearing board members will be shared with the parties. Should any party object to any board member, that party must raise all objections within the timeline specified in the notice, in writing, to the Office of Student Conduct. Board members will only be replaced if the assistant dean of students or associate provost for academic excellence and integrity (or designees) concludes that their bias precludes an impartial hearing of the complaint. Additionally, any board member who feels they cannot make an objective determination must recuse themselves from the proceedings.

The director of student conduct, convener, or designee reserves the right to exclude or limit a witness if it is determined the person does not have information that is relevant to the facts of the incident. Character witnesses and statements are not permitted if they have no relevant factual information about the incident.

The convener will be present and available as a resource during all hearing procedures (including deliberations). All procedural questions are subject to the decision of the convener.

A typical Honor Board hearing procedure follows this basic outline:

• The responding student, reporting party, witnesses, advisor(s), and the board members meet.
• The convener provides a brief overview of the hearing process to all hearing participants.
• Witnesses leave the room and the charge(s) are read to the student(s). The student responds to the charges and states “responsible” or “not responsible” to each charge.
• When appropriate, the professor, reporting party, or University investigator presents a written and/or oral statement to provide a context for the charges, the student(s) are given an opportunity to address the board, and board members pose questions to either party.
• Witnesses are requested to make statements and respond to questions. Unduly repetitive witnesses may also be limited.
• Both the respondent and reporting party respond to questions and offer any further information or statement(s).
• The respondent, reporting party, and advisor(s) leave the hearing room. The board members deliberate and determine, by majority vote, whether it is more likely than not that the responding student has violated the Code of Conduct policies. If the hearing panel consists of four members, a tie vote would result in a finding of not responsible.

• If the Honor Board panel determines the student is responsible for violating university policy(es), the panel members are given information concerning any prior Code of Conduct violations and sanctions for the respondent. The board members may consider prior violations and sanctions for the purposes of determining the appropriate sanction to be imposed.
• The board will discuss all information available and determine appropriate sanction.
• If the recommended sanction includes suspension or permanent separation, this decision will be made in consultation with the Dean of Students. In cases involving graduate students, the convener may consult with the graduate school dean or designee to determine appropriate institutional sanctions.
• The assistant dean of students or designee will communicate the hearing decision to the respondent. This decision will include the finding, rationale, any sanctions, as well as information on the conduct appeal process. This communication may occur in a meeting with the assistant dean of students. The assistant dean of students will communicate the outcome to reporting parties as required/allowed by federal law. See section on Notification of Outcomes.

Process for Student Organization Cases

A registered student organization [“RSO”] and its officers and membership may be held collectively and individually responsible when the RSO or its members violate the Code of Conduct.

 Cases are managed by the director of student conduct or designee. After an initial review of a report, a notice identifying the basic incident in question and potential policy violations will be sent to the -president of the organization or appropriate leader of the student organization. The hearing officer/investigator will meet with the president of the organization or appropriate leader, and other applicable organization members as part of the investigation. If the organization accepts responsibility for the alleged policy violations, the director of student conduct or designee, in consultation with the dean of students, will make the final decision regarding sanctions. The organization representative is permitted to bring an advisor to any meetings throughout the process.

Upon receiving notice of an alleged violation by a RSO, the Office of Student Conduct will conduct a preliminary assessment to determine if there is a reasonable basis for conducting an investigation into the alleged violation(s). This initial assessment will include a review of the information reported. This may include but it’s not limited to:

• Interview(s) with the person(s) who made the report
• Review prior conduct history of the RSO and relevant members
• Gather information relevant to whether it is more or less likely that the alleged violation(s) occurred
• Review of any materials related to the report

If it is determined that the alleged violations warrant a more comprehensive investigation or response, the Director of Student Conduct or designee will notify the RSO in writing to outline the alleged violations, the resolution options based on alleged violations, and to schedule a conference (if applicable). This notification will also be sent to RSO Advisor(s), any relevant University departments, and if applicable, the RSO national/international governing body.

If the Director of Student Conduct or designee determines that no investigation is necessary and that no violation(s) occurred, the report is documented and administratively closed. The Director of Student Conduct or designee may, at their discretion, notify the RSO of the information received and that the matter is closed. In these cases, the Director of Student Conduct or designee may choose, at their discretion, to maintain the confidentiality of any reporting party(ies).

In an investigation, the investigator(s) may:

• Make contact (if possible) with the individual(s) who submitted the initial information
• Interview any individuals with relevant information
• Request relevant information from RSO members and note whether RSO members were compliant in sharing requested information
• Provide relevant information at any point during the investigation to the vice president for Student Life (or designee) related to interim measures
• Require RSO members, or a select group of RSO members (I.e., all new members of the RSO) to participate in an interview and may restrict communication between RSO members during the interview (for example, sequestering RSO members in a room and prohibiting interview participants from using their cell phone or other devices during the interview/sequestration).

Students participating in a formal investigation process are expected to participate in an active, cooperative, and truthful manner. Failing to participate in any fashion, including failure to provide requested information or testimony, will result in the investigator(s) documenting these failures and may make any inferences based on these failures.

If the organization disputes or denies responsibility for the alleged policy violations, the Office of Student Conduct will assemble the organizational hearing panel and issue formal charges. The assistant dean of students will convene the hearing and the panel’s recommendations for determination of findings and sanctions will be considered. The decision of the honor board will be delivered to the organization in writing In instances where there is a finding of responsibility and the recommended sanction may be disciplinary suspension or loss of recognized organization status, the convener will consult with the dean of students or designee prior to notifying the organization of the final decision and applicable sanctions of the hearing.

Following an organization hearing panel decision, the organization may request to appeal the decision on the following grounds: the discovery of new and substantial information relevant to the outcome of the decision; arbitrary or capricious sanction (beyond the guidelines as presented in the Student Handbook); and/or substantial violation of procedures. (See the Appeals section for more details on the grounds and process for requesting an appeal.) The written request for an appeal must be received by 5 p.m. on the seventh day after the initial decision is delivered.  The appeal will be considered by the associate vice president for Student Life/dean of students or designee, if that person was involved or consulted in the hearing, by the assistant vice president for Student Life/dean of campus life or designee.

Student organization resolutions and sanctions are not covered under the Family Educational Rights and Privacy Act (FERPA), and decisions and sanctions related to organizational investigations and resolutions may be released. When found responsible, resolutions for student groups may be made known to the campus and public, depending upon the relationship between findings of responsibility for individual students as well as the organization. If required sanctions are not completed by assigned due dates, additional policies may be reviewed and/or additional sanctions may be assigned.