The University reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under the age of 21 of alcohol and/or other drug violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.
Notification of Outcomes
The outcome of a campus hearing is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or nonforcible sex offense, the University will inform the alleged victim/party bringing the complaint in writing of the final results of a hearing regardless of whether the University concludes that a violation was committed. Such release of information may only include the alleged student’s/responding student’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, only, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding and sanction(s).
In cases where the University determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or nonforcible sex offense, the University/College may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include:
- Assault offenses (includes stalking)
- Criminal Homicide—manslaughter by negligence
- Criminal Homicide—murder and nonnegligent manslaughter
- Destruction/damage/vandalism of property
- Forcible sex offences
- Non-forcible sex offences
Failure to Complete Conduct Sanctions
All students, as members of the University community, are expected to comply with conduct sanctions within the timeframe specified by the Vice President for Student Life/Dean of Students or Administrative Hearing Officer. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions and/or suspension from the University. In such situations, resident students will be required to vacate University housing within 24 hours of notification by the Vice President for Student Life/Dean of Students or designee, though this deadline may be extended upon application to, and at the discretion of, the Assistant Dean/Director of Residence Life. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the Vice President for Student Life/Dean of Students.
A student may appeal a decision made by a hearing officer and/or the conduct hearing board concerning the finding of a violation or the sanction(s) imposed. Appeals are to be made within three (3) business days of notification of a decision. To submit an appeal, the student must submit a typed explanation of the grounds on which the appeal is made to the appropriate University official. This explanation should clearly and completely set forth the grounds for appeal.
Grounds for Appeals:
- A procedural error occurred that significantly impacted the outcome of the hearing
- To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included
- The sanctions imposed are substantially outside the parameters or guidelines set by the University for this type of offense or the cumulative conduct record of the responding student.
Upon receipt of a written appeal it will be determined if sufficient grounds for a review exists. If so, all presented facts will be submitted to the reviewer so she/he can make a final decision. Students will be notified within a timely manner regarding the outcome of the appeal.
All conduct records are maintained by the University for seven (7) years from the time of their creation except those that result in separation (suspension or expulsion, including from housing) and those that fall under Title IX, which are maintained indefinitely.