Article II: Authority (2017)

1. Jurisdiction of the University: University jurisdiction and discipline shall apply to conduct which occurs on University premises or off-campus behavior that adversely affects a member of the University Community and/or the pursuit of the University’s objectives. This Code shall apply to students participating in University managed or approved study away, study abroad and events or trips.

a. The University shall cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators.

b. Individual students, staff and faculty members, acting in their personal capacities, remain free to interact with investigators, attorneys and prosecutors, as they deem appropriate, subject to controlling law.

2. Proceedings under this code are administrative and educational in nature and purpose. They do not constitute a criminal law process, nor are they intended to resemble one.

3. The Director of Community Standards is responsible for administering the Student Code of Conduct to promote fair, accurate and prompt resolutions to violation reports in a way that furthers the education, safety and welfare of the University community. The Director is designated by the University President. In addition, the Director:

a. Shall develop policies and forms for the administration of the University student conduct system and procedural rules for the conduct of hearings, which shall be approved by the Dean of Students after consultation with appropriate faculty, students, and University officials.

b. Have discretion to investigate or appoint an investigator to find additional facts to assist in the prompt, fair and accurate resolution of a report of a conduct violation.

c. Shall act as a neutral procedural advisor to consult with investigators, complainants, respondents, Hearing Panels and Reviewing officers regarding the procedures required by this Code and controlling law.

d. Shall not make findings or impose sanctions when the responsibility for doing so rests with a Hearing Panel or Reviewing Officer.

e. Shall preserve the impartiality and fairness of the processes undertaken under this Code, respecting the interests of complainants, witnesses, responding students, hearing personnel and the importance of the conduct process to the educational mission of the University.

f. In cases arising under the Title IX protocol,

i. Oversee the work of the independent investigator, in consultation with the University Title IX Coordinator and, as needed,

ii. Act as a neutral procedural advisor to the institutional complainant regarding the student conduct process and assist the institutional complainant to prepare to present a contested case;

iii. Act as procedural advisor to the Hearing Panel and Reviewing Officer.

g. Shall be responsible for maintaining files of student conduct matters, scheduling Hearing Panels and Reviews.

h. Have discretion to dismiss a violation report after meeting with the party filing the report where the Director finds the report is frivolous, lacks a factual or legal basis, is barred by the final determination of an earlier report of violation or is primarily intended to harass a student.

4. In contested matters, findings of fact, determinations of responsibility and recommendations regarding sanction shall be made by a Hearing Panel and shall be final, subject to the review process provided in this Code. In matters resolved by mutual consent, a hearing panel will not be convened, but the parties may reserve one or more issues, including an appropriate sanction, to be decided by a reviewing officer.

5. Reviews of Hearing Panel decisions shall be decided by a single reviewing officer.