Conduct Procedures for Student Organizations

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.

Once a report of alleged violation(s) is received, there is a three-phase process to review the report:

1. Preliminary Review of Information
2. Resolution Process
3. Appeal Process

Decisions about whether reports of alleged violation(s) of the Code of Conduct will be addressed through individual and/or student organization procedures and processes are made by the director of Student Conduct. Consistent with a model of dual accountability, individual responsibility should serve as the primary means of addressing alleged violations of the Code of Conduct and RSOs should be held accountable when the organization collectively, or through its leadership and membership, aids, abets, incites, organizes, approves, sponsors, or otherwise participates in behaviors that constitute policy violation(s). This approach recognizes that individuals engage in behavior, but organizational context, culture, leadership, operations, decisions, or activities may contribute to or sustain that behavior. Individual and RSO processes may take place simultaneously, and the RSO may be charged (or sanctioned) for conduct regardless of the outcome of any individual process.

These procedures do not apply to allegations of sexual harassment in any of its forms, which are addressed through the university’s Sexual Misconduct Policy.

Organizational accountability is typically appropriate when one or more of the following conditions are present:

• Reported behavior(s) are formally or informally sponsored, planned, financed, or endorsed
• A significant number of organization members are involved
• Individuals are acting in the name of the organization
• Reported behavior(s) occurred in spaces that would reasonably be associated with the organization
• Organization leaders and members failed to implement reasonable behavioral or risk management interventions
• The organization created or maintained conditions that enabled misconduct.

Individual accountability remains appropriate when:

• Reported behavior(s) were isolated and/or not related to organizational activities or operations
• Organization leaders and members were generally unaware of the reported behavior(s) and did not have reason to know
• Organization leaders took appropriate and timely steps to promptly address the reported behavior(s).

Upon receiving a report of an alleged violation of the Code of Conduct, in cases where there is a reasonable basis to believe that planned activities, events, or operations of the RSO present a risk of continued or further violations of the Code of Conduct before a Preliminary Review of Information (as explained below) can be completed, the Dean of Students, assistant dean of student development/director of Student Involvement, or director of Campus Recreation (in the case of club sport organizations) may issue a Limited Activity Restriction for an organization until a Preliminary Review of Information can be completed. These measures are typically in place for a short period and are narrowly tailored, using the least restrictive means necessary to address the specific concern(s). Upon issuing a Limited Activity Restriction, the university official will notify the RSO representative and other appropriate parties in writing and will provide the reason for the restriction.

In extreme cases, where the activities, events, or operations of the organization may impact the orderly functioning of the university or represent a potential, immediate threat to the well-being or property of the university community, the vice president for Student Life, or persons functioning under their authority, may issue an Interim Administrative Action, as described in the Student Handbook. The student RSO representative shall have a prompt meeting with the dean of students, assistant dean of students, or designee to review the behavior that forms the basis for the administrative action and to clarify the process required to resolve the allegation.

Preliminary Review of Information

Potential violations of the social policies in the Code of Conduct by RSOs and their officers and members are referred to the Office of Student Conduct. The Office of Student Conduct works to thoroughly and efficiently review and investigate reports received, 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.

Upon receiving notice of an alleged violation by an RSO, the Office of Student Conduct will conduct a Preliminary Review of Information to determine if there is a reasonable basis for moving forward with a Resolution Process to address the alleged violation(s). At the discretion of the Office of Student Conduct, the Preliminary Review of Information may include but is not limited to:

• Collecting additional information from the person(s) who made the report
• Gathering initial information relevant to whether it is more or less likely that the alleged violation(s) occurred
• Reviewing any materials pertinent to the report

The Preliminary Review of Information may lead to:

• Determination that there is insufficient evidence to move forward and closing the case; or
• Proceeding with a Resolution Process, described below.

If the director of Student Conduct or designee determines that a Resolution Process is not necessary due to the lack of actionable information indicating a policy violation, 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. The director of Student Conduct or designee may choose, at their discretion, to maintain the confidentiality of anyone who has made a report or shared information.

Resolution Process

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

The determination of resolution options available will include consideration of the severity of the alleged violations, risk of harm to other persons, conduct history and current status of the RSO, and any other relevant factors.

Resolution options include:

• Alternative Resolution
• Mutual Resolution
• Formal Investigation and Adjudication

The process for each resolution option is outlined below.

The RSO student representative is permitted to bring an advisor from the Elon University community (currently enrolled student, faculty, or staff member) to any meetings throughout the process. Family members, attorneys or other legal counsel may not attend or serve as advisors in campus student conduct proceedings. Advisors may only counsel the RSO representative and may not actively participate in meetings or hearings. Advisors may not make a presentation or represent the RSO during meetings or hearings. They may confer quietly with their advisee, exchange notes, and suggest questions to their advisee.

Alternative Resolution

In certain cases, there may be a determination by the director of Student Conduct or designee that there is insufficient evidence to proceed with an investigation and/or the information collected, even if true, would not constitute a violation of university policy. Alternative resolution is not a determination of responsibility and is not recorded as such. The alternative resolution could include actions such as an educational conversation or action plan, mediation, restorative conference/circle, or referral to a different resolution process.

If the behavior may constitute a violation of policies of inter/national bodies with which the RSO is affiliated, and the director of Student Conduct or designee is aware of this affiliation, the director or designee may, at their discretion, forward the information to the appropriate body. In these cases, the director of Student Conduct or designee may choose to meet with the RSO representative and any other appropriate parties to discuss behavioral expectations and may suggest proactive educational and/or developmental measures designed to assist the RSO.

Mutual Resolution

After the Preliminary Review of Information and written notification of the alleged violation(s), the director of Student Conduct or designee will meet with the RSO representative for a student conduct conference. If the RSO agrees to accept responsibility for the alleged policy violations, the RSO representative must affirm in writing that the RSO accepts responsibility for the alleged policy violation(s), agrees to the director of Student Conduct’s (or designee’s) findings and recommended sanctions, and waives the option for a Formal Investigation or hearing. The director of Student Conduct or designee will work in consultation with the dean of students for any sanction recommendations that include suspension or loss of recognized organization status.

Formal Investigation

After the Preliminary Review of Information and written notification of the alleged violation(s), the director of Student Conduct or designee will meet with the RSO representative for a student conduct conference. If the RSO does not accept responsibility for the alleged policy violations, the case will proceed to a Formal Investigation. The director of Student Conduct or designee may also determine through the Preliminary Review of Information that a Formal Investigation is warranted.

The director of Student Conduct or designee will assign the case to one or more internal or external investigators for a Formal Investigation. Should the director of Student Conduct or designee serve as an investigator, they and individuals that report to them would be precluded from serving as a hearing or appeal officer. The director of Student Conduct or designee will notify the RSO, the RSO advisor, and other appropriate parties once a Formal Investigation is initiated.

During the course of the investigation, up to and including the five (5) business day review period, the RSO may submit information and identity specific witnesses to the investigator(s). Ultimately, determinations of relevance of information or witnesses will be determined by the investigator(s).

In completing the investigation, the investigator(s) may:

• Collect information from any individuals with relevant information, including contacting individuals or groups for interviews (and while placing communication limitations on group members during the process)
• Request information from RSO members and note members’ compliance or noncompliance

Provide relevant information to the vice president for Student Life (or designee) related to Interim Administrative Action at any point during the investigation

For RSOs with an inter/national affiliation, the investigator may provide relevant information (redacted, as necessary) to inter/national organization representatives at any point during the investigation. Investigators may also partner with inter/national representatives to conduct joint or parallel investigations. Findings from inter/national organization conduct processes may be considered and included with the Formal Investigation report but are not binding on the university.

Students participating in a Formal Investigation process are expected to be active, cooperative, and truthful. Failure to do so, including failure to provide requested information or testimony, will result in the investigator(s) documenting these failures and officials involved in the Resolution Process or Appeal Process may make any inferences based on these failures. Students who provide false information may be subject to separate individual charges under the Code of Conduct.

At the completion of the investigation, the investigator(s) will provide a written draft of the investigation report to the director of Student Conduct or designee. The director of Student Conduct or designee will review that report for accuracy or thoroughness and, once complete, will share the draft of the report (with necessary redactions) with the RSO representative, RSO advisor, and any other appropriate parties for review and comment. The RSO must provide any comments related to the investigative report in writing to the director of Student Conduct or designee within five (5) business days of the receipt of the report. Upon receipt of these comments (if applicable) the director of Student Conduct or designee will generate the final report and share it with the RSO representative, advisor and any other appropriate parties at least five (5) business days in advance of any formal resolution. The director of Student Conduct or designee will make the final determination of the relevance of any information gathered during the investigation.

Adjudication Following Formal Investigation

Upon completion of the final investigation report, the director of Student Conduct or designee will schedule a meeting with the appropriate RSO representatives to determine the appropriate adjudication process. If the director of Student Conduct conducted the Formal Investigation, this meeting could be held with the Dean of Students or designee. The options for adjudication include:

• Finding of non-responsibility for the alleged violation(s); the matter is closed without further process.
• Alternative Resolution; insufficient evidence for a finding of responsibility for the alleged violation(s). Alternative resolution is not a determination of responsibility and is not recorded as such. The alternative resolution could include actions such as an educational conversation or action plan, mediation, restorative conference/circle, or referral to a different resolution process. If the Formal Investigation indicates behavior that may constitute a violation of policies of inter/national bodies with which the RSO is affiliated, and the director of Student Conduct or designee is aware of this affiliation, the director or designee may, at their discretion, forward the information to the appropriate body. In these cases, the director of Student Conduct or designee may choose to meet with the RSO representative and any other appropriate parties to discuss behavioral expectations and may suggest proactive educational and/or developmental measures designed to assist the RSO.
• Mutual Resolution; the RSO representative affirms in writing that the RSO accepts responsibility for the alleged policy violation(s), agrees to the director of Student Conduct’s (or designee’s) findings and recommended sanctions, and waives the option for a formal hearing. The director of Student Conduct or designee will work in consultation with the dean of students for any sanction recommendations that include suspension or loss of recognition.
• Administrative Hearing; the organization disputes the findings of the Formal Investigation or denies responsibility for the alleged policy violations(s) and opts for an Administrative Hearing. The hearing will be conducted by the director of Student Conduct or designee. If the director of Student Conduct conducted the Formal Investigation, the hearing will be held with the Dean of Students or designee. The hearing will include the following elements:

1. Review of the charges and the Formal Investigation report
2. RSO representative is given the opportunity, in person or in writing, to submit or give a statement to the hearing officer
3. The hearing officer may elect to call and question witnesses as necessary, including the investigator(s) who compiled the Formal Investigation report
4. The hearing officer may ask questions of the RSO representative or any witnesses. The RSO representative may pose questions for any witnesses by submitting relevant questions to the hearing officer in advance of the hearing.
5. After the conclusion of the hearing, the hearing officer will review all information available and make a decision about finding(s) of responsibility, using the preponderance of evidence standard, and any assigned sanction(s). If the recommended sanction includes suspension or loss of recognized organization status, this decision will be made in consultation with the dean of students.
6. The decision of the hearing officer will be delivered to the organization in writing. This decision will include the finding, explanation of the decision, any sanctions, and information on the Appeal Process.

• Honor Board Hearing; the organization disputes the findings of the Formal Investigation, denies responsibility for the alleged policy violation(s) and/or does not agree with the recommended Mutual Resolution sanctions. An RSO charged with violations where suspension or loss of recognized organization status may be a potential sanction may request the case be heard by the Honor Board rather than an Administrative Hearing. The director of Student Conduct or designee will assemble an organizational hearing panel, consisting of at least three student members of the University Honor Board, and will issue formal charges. The director of Student Conduct or designee will convene the hearing; if the director of Student Conduct conducted the Formal Investigation, the hearing will be convened by the Dean of Students or designee. The hearing will include the following elements:

1. Review of the charges and the Formal Investigation report
2. RSO representative is given the opportunity, in person or in writing, to submit or give a statement to the Honor Board
3. The hearing convener may elect to call and question witnesses as necessary, including the investigator(s) who compiled the Formal Investigation report
4. The Honor Board may ask questions of the RSO representative or any witnesses; the hearing convener will indicate if any questions are not relevant to the hearing. The RSO representative may pose questions for any witnesses by submitting questions to the hearing convener, who may determine their relevance to the hearing.
5. The RSO representative and advisor(s) leave the hearing room. The board members deliberate and determine, by majority vote, using the preponderance of evidence standard, whether it is more likely than not that the responding student has violated the Code of Conduct policies.
6. If the Honor Board determines the RSO is responsible for violating university policy(es), the panel members are given information concerning any prior Code of Conduct violations and sanctions for the RSO. The board members may consider prior violations and sanctions for the purposes of determining the appropriate sanction to be imposed.
7. The Honor Board will discuss all information available and make a recommendation regarding appropriate sanction to the hearing convener. If the recommended sanction includes suspension or loss of recognized organization status, this decision will be made in consultation with the dean of students.
8. The decision of the convener, based on the recommendations of the Honor Board will be delivered to the organization in writing. This decision will include the finding, rationale, any sanctions, as well as information on the Appeal Process.

Possible outcomes for cases involving RSOs can be found in the Code of Conduct section on Disciplinary Status and Other Sanctions and range from official warning to loss of organization recognition. If required sanctions are not completed by assigned due dates, additional policies may be reviewed and/or additional sanctions may be assigned.

Appeal Process

All appeals for cases involving RSOs will be considered and reviewed using the same procedures for Appeals and Appeal Boards for Social Policy Cases, as outlined in the Code of Conduct. Appeals for RSO cases that result in disciplinary suspension or loss of organization recognition will be referred to the University Appeals Board.

Records, Retention, and Reporting

All student conduct records pertaining to RSOs are maintained by the Office of Student Conduct consistent with the Disciplinary Records, Retention, and Reporting guidelines in the Code of Conduct.

Student conduct resolutions and sanctions pertaining to RSOs 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 and outcomes for RSOs may be disclosed to the campus and public, depending upon the relationship between findings of responsibility for individual students and the RSO. The Office of Student Involvement, in partnership with the Office of Student Conduct, maintains a public Student Organization Disciplinary Status and Campus Hazing Transparency Report, which includes information about suspended or unrecognized organizations and an organization disciplinary history for the past five years.