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XIX. Student Code of Conduct

D. STUDENT CODE OF CONDUCT PROCEDURES

  1. Case Referrals

    Any person may file a complaint against a Student for violations of the Student Code of Conduct. The complaint shall be prepared in writing and directed to OSI or, in academic cases, the instructor of record may hold a Faculty Conference (see Section D.5.c.). The procedures for filing a complaint can be found on the OSI Web site as listed in the References. This complaint should be submitted as soon as possible after the event takes place or when it is reasonably discovered, no later than thirty (30) Business Days following the discovery of the incident. In extraordinary circumstances, OSI may waive this timeline.

  2. Communication

    All communication (requests for meetings, notifications, notice of hearings, etc.) will be provided via the official Institute e-mail address, as defined by the Office of Information Technology. If the Accused is not currently enrolled, the notification will be sent via US Postal Service to the last known address on file with the Registrar.

  3. Rights of the Accused

    Throughout the Conduct process, the Accused is granted the following rights:
    1. to seek information from a Student Conduct Administrator about the Investigation and Resolution Process;
    2. to be informed of the charge(s) and alleged misconduct upon which the charge is based;
    3. to be informed of the Information upon which a charge is based and afforded an opportunity to offer a relevant response;
    4. to be accompanied by an Advisor of his/her choice;
    5. to remain silent with no inference of responsibility drawn;
    6. to call and question relevant Witnesses;
    7. to present Information in his/her behalf;
    8. to be considered not responsible until proven responsible by a Preponderance of the Evidence;
    9. to appeal the decision;
    10. to waive any of the above rights.

  4. Investigation and Resolution Process

    The Institute's Conduct process utilizes an investigatory model, not an adversarial model, in resolving allegations of misconduct with the primary goal of uncovering the truth. The standard of proof shall be a Preponderance of the Evidence. An investigation begins when a complaint is forwarded and the case is opened by OSI. During the investigation, a Student should continue to attend class and required Institute functions unless otherwise instructed by the Dean of Students. The investigation and resolution process are as follows:
    1. After OSI receives a complaint, the Accused is formally notified and is requested to contact a Student Conduct Administrator within five (5) Business Days of the notification to schedule an Administrative Conference. Should the Accused fail to contact the Student Conduct Administrator within the required time frame, or fail to attend the Administrative Conference, the Student Conduct Administrator may determine the resolution of the case in the Student’s absence, or may refer the case to a Student Conduct Panel.
    2. At the Administrative Conference, the Accused is presented with the alleged violation of the Student Code of Conduct, supporting Information, and an explanation of his/her rights. The Student Conduct Administrator offers the Accused the opportunity to provide his/her statement regarding the alleged misconduct, supporting Information, and Witnesses. The Accused may bring an Advisor, however if the Advisor disrupts the investigation and resolution process, he/she may be asked to leave.
    3. The Student Conduct Administrator continues the investigation by meeting with the Complainant(s), and Witnesses and gathering additional Information. The investigation will be completed in an expeditious fashion.
    4. Upon the conclusion of the investigation, the Student Conduct Administrator will determine the level of the case (Low or High). If the case is determined to be Low, the Student Conduct Administrator will render a decision in accordance with Section D.5.a. If the case is determined to be High, the Student Conduct Administrator may choose to have the case heard by a Student Conduct Panel; otherwise the Accused chooses one of the two following forms of case resolution 1) Administrative (see D.5.a.) or 2) Student Conduct Panel (see D.5.b) within forty-eight (48) hours.
    5. The Accused shall submit a list of desired Witnesses to the Student Conduct Administrator at the conclusion of the investigation or no later than 48 hours prior to the scheduled hearing.

  5. Forms of Case Resolution

    1. Administrative Resolution
      1. Low Level Cases
        The Student Conduct Administrator renders a decision of 1) Not Responsible, which closes the case or 2) Responsible for one or more violations with an appropriate Sanction, and, as warranted, one or more from among the Supplementary Requirements. The Sanction will be either Disciplinary Warning or Disciplinary Probation. The Accused, after being notified of the Student Conduct Administrator’s decision, may submit an appeal to the Dean of Students according to appeal procedures described in Section G.
      2. High Level Cases
        The Student Conduct Administrator decides High level cases only when the Accused elects this form of resolution. The Student Conduct Administrator renders a decision of 1) Not Responsible, which closes the case or 2) Responsible for one or more violations of the Student Code of Conduct with an appropriate Sanction and, as warranted, one or more from among the Supplementary Requirements. The Sanction will be Disciplinary Probation, Suspension Held in Abeyance, Suspension, or Expulsion. The Accused, after being notified of the decision, may submit an appeal, in academic cases, to the Vice Provost for Undergraduate Studies and Academic Affairs, or in non-academic cases, to the Vice President for Student Affairs, according to appeal procedures described in Section G.
    2. Student Conduct Panel
      The Student Conduct Panel is convened for High level cases only and only when either the Student Conduct Administrator or the Accused elects this form of resolution.
      1. Decisions and Sanctions for Academic Cases
        The Student Conduct Panel, after convening a hearing, renders a decision of 1) Not Responsible, which closes the case or 2) Responsible for one or more violations of the Student Code of Conduct with an appropriate Sanction and, as warranted, one or more from among the Supplementary Requirements. The Accused, after being notified of the decision, may submit an appeal to the Vice Provost for Undergraduate Studies and Academic Affairs, according to appeal procedures described in Section G.
      2. Decisions and Sanctions for Non-academic Cases
        The Student Conduct Panel, after convening a hearing, recommends a disciplinary decision to the Dean of Students. The Dean of Students, after reviewing the case, renders a decision of 1) Not Responsible, which closes the case, or 2) Responsible for one or more violations of the Student Code of Conduct with an appropriate Sanction and, as warranted, one or more from among the Supplementary Requirements. The Accused, after being notified of the decision and Sanction, may appeal to the Vice President for Student Affairs, according to appeal procedures described in Section G.
      3. Scheduling of Student Conduct Panel Hearing
        After the case is forwarded to a Student Conduct Panel, the Complainant(s) and the Accused will be notified of available dates and times for a hearing. The Accused may indicate preferences from among the available dates and times, which will be considered by OSI if received within three (3) Business Days. This official notice will be provided at least five (5) Business Days prior to the hearing and will include the time, date, and location of the hearing. In addition, the notice will specify the Complainant(s), Witnesses(s), and nature of the alleged misconduct. Accused may waive the notification timeline in order to expedite the hearing process. Upon request, the Accused may meet with a Student Conduct Administrator to review Information and hearing procedures.
      4. Hearing Participants and Attendees
        1. Student Conduct Panel hearings shall ordinarily be closed except for the Accused, the Complainant(s), Advisor(s), and Witnesses. Exceptions may be made at the discretion of the Chairperson. Witnesses are allowed at the discretion of the Chairperson. The Chairperson may exclude any person, including the Accused, who disrupts a hearing.
        2. An Accused who fails to appear after proper notice will be deemed to have responded "Not Responsible" to the charges against him/her and to have exercised the right to remain silent without prejudice. At the discretion of the Chairperson the hearing may be conducted in the absence of the Accused and all the Information regarding the alleged misconduct shall be presented and considered.
        3. The Complainant(s) and Accused have the right to be accompanied by an Advisor. The Complainant(s) and/or Accused should select an Advisor who can attend the hearing at the scheduled date and time. Delays are not usually granted due to scheduling conflicts of an Advisor.
        4. Subject to the Chairperson’s control of the hearing, the Complainant(s), Accused and their Advisors, shall be allowed to attend the Student Conduct Panel hearing, but shall not be allowed to attend Panel deliberations.
        5. In Student Conduct Panel hearings involving more than one Accused, OSI may permit the Student Conduct Panel hearings concerning each Student to be conducted either separately or jointly.
        6. A maximum of two (2) character Witnesses will be allowed in a hearing.
      5. Hearing Procedures
        1. The Chairperson shall exercise control over the proceedings to achieve orderly completion of the hearing.
        2. Advisors are restricted to private communications with their advisee(s). Any communication by the Advisor that is audible to the Student Conduct Panel may be viewed by the Chairperson as disrupting the hearing.
        3. All questions by the Complainant(s) and Accused must be directed to the Chairperson, rather than to the Witness directly. Questions of whether potential Information will be received shall be resolved at the discretion of the Chairperson.
        4. In addition to the investigatory packet provided by OSI, the Student Conduct Panel, at the discretion of the Chairperson, may accept additional pertinent Information and testimony (including impact statements). Any letters of recommendation submitted by the Accused will be admitted for consideration at the discretion of the Chairperson and, if admitted, will be viewed only during Panel deliberations.
        5. All procedural questions arising during the hearing are subject to the final decision of the Chairperson.
        6. The Student Conduct Panel’s standard of proof shall be a Preponderance of the Evidence.
        7. The Student Conduct Panel in consultation with OSI, may reasonably accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant(s), Accused, and/or Witnesses during the hearing.
        8. The Student Conduct Panel shall make a recording and/or summary transcription of the proceeding, which will serve as the official record of the hearing. No other recording will be permitted. The Accused or the Complainant may request a copy of the Institute's recording upon payment of the cost to reproduce the recording, or may listen to the original recording in a location designated by OSI at no charge. The record shall be the property of the Institute.
    3. Faculty Conference (optional academic case resolution)
      A faculty conference is an optional way in which an alleged act of academic misconduct can be resolved.
      1. Initiation of Complaint
        The Faculty Conference is initiated by the instructor of record, who requests the meeting with the Accused to discuss the alleged misconduct. Should the Accused not choose to participate in a Faculty Conference, the instructor should forward the case to OSI for investigation.
      2. Participants
        The Faculty Conference involves the instructor of record and the Accused. The Faculty Conference may also involve Witnesses and a representative from OSI if requested by either the instructor or the Accused.
      3. Process
        During the Faculty Conference, the instructor of record explains the alleged misconduct, supporting Information, and the Rights of the Accused. The Accused has the opportunity to provide 1) his/her response to alleged misconduct, 2) supporting Information, and 3) Witnesses.
      4. Conclusion
        1. If the instructor finds the Accused not responsible, the case is closed.
        2. If the instructor finds the Accused responsible, but the Accused does not admit responsibility, the instructor forwards the case to OSI for investigation.
        3. If the instructor finds the Accused responsible, and the Accused acknowledges responsibility, the instructor proposes a Faculty Resolution including 1) a Sanction of Disciplinary Warning, or Disciplinary Probation, 2) a grade penalty, and 3) an educational component.
        4. If the Accused agrees to the Faculty Resolution, the instructor forwards the Faculty Resolution to OSI for consideration.
        5. If the Accused does not agree to the Faculty Resolution, the instructor forwards the case to OSI.
        6. If the Accused has prior disciplinary history the case will be forwarded to OSI for investigation, in accordance with Section D.4.
      5. Implementation
        1. The Accused is formally notified of the proposed Faculty Resolution by OSI, according to the communication guidelines in Section D.2.
        2. The Faculty resolution goes into effect upon delivery unless the Accused requests within five (5) Business Days that the case be forwarded to OSI for investigation.
    4. Alternative Dispute Resolution
      At the sole discretion of the Dean of Students cases may be assigned for Alternative Dispute Resolution (ADR). If the ADR is not agreed to by both parties, the remaining forums will adjudicate the case. Results of the ADR proceedings do not result in formal disciplinary records.
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