Conduct Case Review Procedures

A student found responsible for a violation(s) of the University Standards of Conduct policies or regulations at the conclusion of a Conference or Hearing in the University Conduct Process will be provided the opportunity to request a Case Review. 

Third parties may not file a request for a Case Review on behalf of a student. Failure to submit a request for Case Review within the time specified will render the original decision final and conclusive.

Unless otherwise stated, if a request for a Case Review is filed, the Conduct Process Outcomes assigned by the Office of Community Standards or designee will not become effective until the Case Review process is complete.

The Vice President for Student Affairs will appoint a Conduct Case Review Coordinator to administer the Case Review process.

The Case Review process will generally be resolved within thirty (30) calendar days of receipt of the initial request for review. When extenuating circumstances necessitate additional time to resolve the Case Review, the student will be notified via written notification.

As explained below, separate conduct Case Review procedures exist for: (A.) conduct cases that result in an outcome(s) other than Permanent Dismissal, and (B.) conduct cases that result in an outcome of Permanent Dismissal.

Conduct cases that result in an outcome other than Permanent Dismissal

1. Within seven (7) calendar days of being informed of a decision that results in an outcome of other than Permanent Dismissal, a student may submit a request for a Case Review via online form. 

2. When requesting a Case Review of an outcome other than Permanent Dismissal, a student must establish one or both of the following grounds for review:

1. a procedural defect in the University Conduct Process which would have been substantial enough to have changed the decision. The student's request must describe the procedural defect in detail and explain how it would have been likely to change the decision, and/or

2. the discovery of substantive new information that was unknown or unavailable to the student at the time of the Conference or Hearing and would have been substantial enough to have changed the decision. The student’s request must describe the newly discovered information in detail, explain why the information was not available at the time of the student's Conference or Hearing, and explain how it would have been likely to change the decision. Students who fail to participate in their Conference or Hearing after notice has been sent to their University-issued email address generally will be deemed to have waived the opportunity to present witnesses and relevant information on their own behalf. Such students may, typically, also be deemed to have waived the opportunity to present “substantive new information” through the Case Review process.

3. In conduct cases that result in an outcome other than Permanent Dismissal, the severity of the Conduct Process Outcome assigned is not a legitimate ground on which to base a request for a Case Review.

4. After receiving a student's request for a Case Review, the Conduct Case Review Coordinator will provide the student receipt via written notification.

5. Requests for Case Review are screened by the Conduct Case Review Coordinator. Requests for Case Review that are not submitted by the communicated deadline, or that do not include required information concerning the ground(s) for review, may be closed by the Conduct Case Review Coordinator.

6. A student’s request for Case Review of an outcome that was submitted within the communicated deadline and that includes the required information concerning the ground(s) for review will be forwarded to either:

1. the Conduct Case Review Board, for those requests submitted from the first day of class to the last Monday of class before Final Exams in the Fall semester, and from the first day of class to the last Monday of class before Final Exams in the Spring semester. The Conduct Case Review Board will be composed of one student, one faculty member, and one administrator, selected by the Conduct Case Review Coordinator from a pool of trained students, faculty, and administrators. Student Government may submit recommendations on an annual basis to the Conduct Case Review Coordinator for membership in the Conduct Case Review Board. Board members will be given Case Review assignments on a rotating basis; or

2. the Office of the Vice President for Student Affairs or designee, for those requests submitted outside of those dates listed in section (a.) above.

7. The Office of Community Standards or designee will have the opportunity to provide a response to a student’s request for a Case Review. This response may include any information that the Office of Community Standards or designee regards as relevant to the review.

8. The Conduct Case Review Coordinator will forward the student’s request for a Case Review to the appropriate reviewer along with the student’s case file and any response from the Office of Community Standards or designee.

9. A decision to grant a student’s request for a Case Review will be made by the Conduct Case Review Board or the Office of the Vice President for Student Affairs (or designee) based on a review of the student’s request, the case file, and where appropriate, a response from the Office of Community Standards or designee. A Case Review of an outcome other than Permanent Dismissal will only be granted upon the student’s establishment of one or both of the grounds set forth in section (2.) above, as determined by the appropriate reviewer. 

10. If the appropriate reviewer determines that the grounds have not been established to grant a Case Review, the student will be notified via written notification by the Conduct Case Review Coordinator. Such a decision is final and not subject to further review.

11. If the appropriate reviewer determines that a procedural defect occurred in the University Conduct Process which would have been substantial enough to have changed the decision, the case may be:

1. remanded to the Office of Community Standards with specific instructions to correct the defect(s) and reconsider the case; or

2. referred to (or retained by) the Office of the Vice President for Student Affairs or designee for a final decision.

12. If the appropriate reviewer determines that the request contains substantive new information that was unknown or unavailable to the student at the time of the Conference or Hearing and the substantive new information would have been substantial enough to have changed the decision, the case will be remanded to the Office of Community Standards for disposition.

Conduct cases that result in an outcome of Permanent Dismissal

1. Within seven (7) calendar days of being informed of a decision that results in an Outcome of Permanent Dismissal, a student may submit a request for a Case Review via online form. 

2. When requesting a Case Review of an outcome of Permanent Dismissal, a student must establish one, two, or all three of the following grounds for review:

1. a procedural defect in the University Conduct Process which would have been substantial enough to have changed the decision. The student's request must describe the procedural defect in detail and explain how it would have been likely to change the decision, and/or

2. the discovery of substantive new information that was unknown or unavailable to the student at the time of the Conference or Hearing and would have been substantial enough to have changed the decision. The student’s request must describe the newly discovered information in detail, explain why the information was not available at the time of the student's Conference or Hearing, and explain how it would have been likely to change the decision. Students who fail to participate in their Conference or Hearing after notice has been sent to their University-issued email address generally will be deemed to have waived the opportunity to present witnesses and relevant information on their own behalf. Such students may, typically, also be deemed to have waived the opportunity to present “substantive new information” through the Case Review process.

3. the assigned outcome does not fall within the appropriate range of outcomes assigned for similar misconduct.

3. After receiving a student's request for a Case Review, the Conduct Case Review Coordinator will provide the student receipt via written notification.

4. Requests for Case Review are screened by the Conduct Case Review Coordinator. Requests for Case Review that are not submitted by the communicated deadline, or that do not include required information concerning the ground(s) for review, may be closed by the Conduct Case Review Coordinator.

5. A student’s request for Case Review of an outcome of Permanent Dismissal that was submitted within the communicated deadline and that includes the required information concerning the ground(s) for review will be forwarded to the Office of the Vice President for Student Affairs or designee.

6. The Office of Community Standards or designee will have the opportunity to provide a response to a student’s request for a Case Review. This response may include any information that the Office of Community Standards or designee regards as relevant to the review.

7. The Conduct Case Review Coordinator will forward the student’s request for a Case Review to the Office of the Vice President for Student Affairs or designee along with the student’s case file and any response from the Office of Community Standards or designee.

8. A decision to grant a student’s request for a Case Review will be made by the Office of the Vice President for Student Affairs or designee based on a review of the student’s request, the case file, and where appropriate, a response from the Office of Community Standards or designee. A Case Review of an outcome of Permanent Dismissal will only be granted upon the student’s establishment of one, two, or all three of the grounds set forth in section (2.) above. 

9. If the Office of the Vice President for Student Affairs or designee determines that the grounds have not been established to grant a Case Review, the student will be notified via written notification by the Conduct Case Review Coordinator. Such a decision is final and not subject to further review.

10. If the Office of the Vice President for Student Affairs or designee determines that a procedural defect occurred in the University Conduct Process which would have been substantial enough to have changed the decision, the case may be:

1. remanded to the Office of Community Standards with specific instructions to correct the defect(s) and reconsider the case; or

2. referred to (or retained by) the Office of the Vice President for Student Affairs or designee for a final decision.

11. If the Office of the Vice President for Student Affairs or designee determines that the request contains substantive new information that was unknown or unavailable to the student at the time of the Conference or Hearing and the substantive new information would have been substantial enough to have changed the decision, the case will be remanded to the Office of Community Standards for disposition.

12. If the Office of the Vice President for Student Affairs or designee determines that the assigned outcome does not fall within the appropriate range of assigned outcomes in similar cases of misconduct, the case may be:

1. remanded to the Office of Community Standards with specific instructions to assign outcomes that fall within the range of outcomes assigned in similar cases of misconduct; or

2. Referred to (or retained by) the Office of the Vice President for Student Affairs or designee for the assignment of final outcomes.