Student Code of Conduct
Processes and Procedures
Article V – Student Conduct Code Procedures – Individual Students
A. Charges
1. The discipline process can be initiated by police reports, student housing incident reports, or a report from any faculty, administrative staff, student, or other member of the University/Campus community. This process is initiated through the submission of a written account of the incident to the Office of Student Life.
2. Upon the receipt of a written report, the Conduct Officer may determine that there is sufficient reason to charge the student with a violation of the Student Conduct Code and a University disciplinary hearing is warranted. The Hearing Officer may also seek or conduct an additional investigation.
3. In some cases, alternative dispute resolution such as Restorative Justice or mediation may be offered by mutual consent of the parties involved and on a basis acceptable to the Conduct Officer. A written summary of these agreements are provided to all parties. These agreements are binding and once entered are not subject to appeal. Failure to abide by the agreements could result in the situation being returned through the conduct process for possible disciplinary action.
B. Hearing Notification
1. All charges shall be presented to the Respondent in written form. This letter of notice will provide the Respondent a copy of the initiating report(s) or information on how to obtain them, and set a time for the hearing. Hearings are scheduled not less than three (3) business days (less than the three day minimum would require mutual agreement between the student and Conduct Officer) nor typically more than fifteen (15) business days after the student has been notified of the charges (maximum time may be extended at the discretion of the Conduct Officer taking into consideration scheduled breaks, etc.).
2. The letter of notice may contain specific requirements or restrictions, pending the resolution of the matter through the hearing process as needed to protect the interests of involved students or the University. These requirements could include but are not limited to, temporary relocation in campus housing, restriction from specific campus locations, or orders prohibiting contact with complainants or witnesses. The notice letter will be sent to the student’s current address listed on the University data base. If no local address is listed the letter may be sent to the permanent home address or be served to the student on campus by the campus police or other administrator.
C. Options for Resolution of Disciplinary Charges
After review of the information contained with the letter of notice, the Respondent has the following options:
1. Accept responsibility for the charges
When the Respondent substantially agrees with the contents of the complaint and accepts responsibility for the infraction, the hearing will involve an administrative meeting with the Conduct Officer to determine the appropriate level of discipline and other sanctions or restorative resolution outcomes.
2. Dispute the charges
In the event that the student does not accept responsibility for the charges or substantially disagrees with information contained within the report, a University discipline hearing will be conducted.
The student must notify the Office of Student Life by the date indicated in the letter of notice of his/her intent to accept or dispute the charges. Since cases involving disputed charges may require additional investigation or preparation time, either the student or the Conduct Officer may ask for limited additional time to prepare for the hearing and an appropriate hearing date and time may be re-scheduled typically within one additional week.
D. Hearings
Disciplinary Hearings shall be conducted by University Conduct Officers according to the following guidelines:
1. The Complainant and the Respondent may be accompanied by an advisor or support person they choose, at their own expense. Such advisor may be an attorney. Since the direct interaction with the students involved is essential to the educational relationship with the University, the advisor is limited to counseling the student and may not act as a representative of the student, speak on the student's behalf, or participate directly in any hearing. Advisors may not serve in a dual role as a witness in the hearing. University Hearing Officers may also consult with or choose to have University Counsel, in an advisory capacity, present at a hearing.
2. University disciplinary hearings and administrative meetings are considered private educational interactions between the student(s) and the University. The Complainant, Respondent and their advisors, if any, shall be allowed to attend the entire hearing at which information is received (excluding deliberations). Admission of any other person to the hearing shall be at the discretion of the Hearing Officer.
3. Pertinent records, exhibits, and written statements, including student impact statements, may be accepted as information for consideration. The Complainant and the Respondent shall be allowed to review and respond to any reports or statements the Hearing Officer will consider as the basis for the charges or determination of evidence related to the hearing.
4. The Complainant and the Respondent will have the opportunity to present his/her own version of the incident or events by personal statements, as well as through written statements and witnesses.
5. If a Respondent, with notice, does not appear for the hearing, a decision may be reached taking into consideration the totality of the information related to the charges available at the time of the hearing.
6. There shall be a single verbatim record, such as a tape recording, made only in hearings in which the charges are disputed. This recording shall be the property of the University. In cases in which the charges are not disputed, the Conduct Officer will provide a brief summary and a listing of sanctions which resulted from the hearing. It is the student’s responsibility to notify the Hearing Officer of his/her intent to dispute the charges in advance of the hearing.
7. In disputed cases, the Complainant, the Respondent, and the Conduct Officer may bring witnesses and/or ask for relevant witnesses to be called. The University Conduct Officer will try to arrange upon reasonable request (at least two (2) business days prior to the hearing) witnesses who were identified by or contributed to the report. Witnesses shall be present only during the time they are presenting information in the hearing. Witnesses will provide information to and answer questions directed from the Conduct Officer. Questions may be suggested by the Respondent and/or Complainant to be answered by each other or by witnesses. In order to preserve the educational tone of the hearing and to appropriately manage the proceedings, the Conduct Officer may ask that all questioning be directed through him/her and use discretion related to limiting repetitive information/statements. All procedural questions are subject to the final decision of the Conduct Officer.
8. If information presented in the hearing creates additional need for clarification or investigation, or to accommodate irresolvable scheduling conflicts with key witnesses, the Conduct Officer may reschedule the hearing.
9. If the hearing involves more than one Respondent, the Conduct Officer, in his or her discretion, may permit the hearings concerning each student to be conducted either jointly or separately.
10. The Conduct Officer may accommodate availability and/or remote location of witnesses through conference phone calls or other alternate means. Accommodations may also be made related to concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Conduct Officer to be appropriate.
11. Formal rules of process, procedure, or evidence as established and applied in the civil or criminal justice system do not apply to this process.
E. Decisions
1. After the hearing concludes, the Conduct Officer will review all pertinent information and make a determination related to each of the charges specified from the Student Conduct Code. The determination is based on the preponderance of evidence standard-whether it is more likely than not that the Respondent violated the Student Conduct Code.
2. Conduct Officers have the authority to determine the appropriate level of discipline action taking into consideration the severity of the infraction, impact on individuals or the community, and the past record of discipline. In addition to the sanctions listed below, the Conduct Officer may place limits or conditions, require relocation in or removal from student housing, restitution, community service, and/or specify participation in educational programs and interventions including but not limited to those related to alcohol or drug use, ethical decision making, personal counseling, community issues, and restorative justice.
3. Written notice of the Conduct Officer’s decision will be sent to the student within ten (10) business days of the hearing. The notification shall consist of the determination of responsibility, level of discipline imposed, and a complete description of any sanctions or requirements. In disputed cases, when the Respondent is found responsible for the charges, the notification will also include a summary of the basis for the determination. A copy of the decision may also be sent to other appropriate University offices.
4. Decision letters that include information identifying persons listed as victims may not be released by the Respondent to unauthorized third parties. Failure to comply with this requirement could result in additional disciplinary charges.
F. Sanctions
The following sanctions may be applied when appropriate to individual students. More than one of the sanctions listed below may be imposed for any single violation. Failure to complete disciplinary sanctions within required deadlines will result in a “hold” on the student’s registration status.
1. No Action
The Conduct Officer finds that the charges are unsubstantiated or exonerates the student. The decision letter specifies that the charges are cleared and no disciplinary action is taken.
2. Warning or Written Reprimand
A student may be given a warning or written reprimand for minor infractions.
3. General Disciplinary Probation
Probation is for a designated period of time during which the student is required to show appropriate changes in attitude and behavior. Specific sanctions or restrictions may be imposed as a part of this sanction but do not result in loss of good standing with the University. A violation of the terms of General Disciplinary Probation, or subsequent misconduct after discipline, is grounds for further disciplinary action, including loss of good standing, suspension, or expulsion.
4. Disciplinary Probation/Loss of Good Standing
Probation is for a designated period of time in which appropriate changes in attitude and behavior are expected to occur. Specific sanctions or restrictions may be imposed as a part of this probation. A student on this disciplinary probation is not in good standing with the University. Good standing shall include but not be limited to a requirement for eligibility to represent the University, to serve on a University committee, to participate in intercollegiate or Sports Club athletics, and for recognition by the University including any office held in a student organization. A violation of the terms of disciplinary probation, or subsequent misconduct, is grounds for further disciplinary action, including suspension, or expulsion.
5. Discretionary/Educational Sanctions
Educational programs or assignments, Restorative Justice, mediation, community service, individual assessment, counseling, substance abuse education, intervention or treatment, or other related discretionary sanctions may be offered or required.
6. Restitution
Compensation for loss, damage, or injury. This may take the form of appropriate service or monetary or material replacement.
7. Residential Reassignment
A student may be reassigned to another student housing room when disruption has occurred in the residential community or in order to appropriately separate persons. The student will be responsible for all costs and fees associated with relocation as a result of this sanction.
8. Residential Expulsion/Eviction
Permanent separation of the student from student housing as a result of a University discipline hearing. The University expects first-year students to live in student housing and manage their behavior to comply with community standards. If a first year student is expelled from the student housing, the Chief Conduct Officer will determine if the student may be allowed to continue as a student without complying with the University's live-in regulations.
9. Disciplinary Suspension
Suspension for a distinct period of time and/or the specification that a student must fulfill certain requirements before re-admission or re-instatement will be considered. While suspended, the student is not entitled to attend classes, use University facilities, participate in University activities, or be employed by the University. Special conditions may be stipulated for reinstatement at the conclusion of the period of suspension.
10. Deferred Suspension
A suspension may be deferred under special conditions in which the student participates in a designated program as a condition to remain in school under a strict probationary status.
11. Disciplinary Expulsion
Expulsion is permanent removal from the University with no opportunity to return.
12. Revocation of Admission or Degree
Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or for other serious violations committed by a student prior to matriculation or graduation.
13. Withholding Degree
The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of sanctions imposed.
14. Parental Notification
Parents may be notified of disciplinary decisions when a student under the age of 21 is found responsible for engaging in an infraction(s) involving alcohol, drugs, or the threat or use of violence and the disciplinary decision involves disciplinary probation, suspension, or expulsion and/or student housing relocation or expulsion. Letters are sent to the primary parent address provided to the University.
15. Summary Suspension
The Chancellor, Provost and the Associate Vice Chancellor for Student Affairs, and their designee(s) have the authority to suspend summarily, pending final disposition of the case, any student when, in the opinion of these officials, such a suspension is necessary to:
a. Maintain order on the campus;
b. Preserve the orderly functioning of the university;
c. Stop interference in any manner with the public or private rights of others on university premises;
d. Stop actions or potential actions that threaten the health or safety of any person; or
e. Stop actions or potential actions that destroy or damage property of the university, its students, faculty, staff, or guests.
Summary suspension will also include excluding the student from campus. Summary suspension begins immediately upon notice from the appropriate university official, without a conference with a conduct officer. A conference with a conduct officer is then scheduled as soon as possible (usually within 10 calendar days) to determine how the case will continue and to begin the conduct process. In extreme matters, a summary suspension may be put in place until a student receives a final disposition in a court process after having been charged with a serious crime.
G. Appeal of a Disciplinary Decision
1. llate Board by either the Respondent(s) or Complainant(s). The appellant shall submit a written request for an appeal to the Office of Student Life. The letter requesting an appeal must be very specific and clearly state the reasons for the request. Administrative support for the Discipline Panel is provided through the Office of Student Life. The appeal request shall be delivered to that office within seven (7) business days of the date the appellant is notified of the decision rendered by the Hearing Officer. Failure to submit a request for appeal in writing within the specified time will render the decision of the Conduct Officer final and conclusive.
Except as necessary to explain the basis of new information, an appeal shall be limited to a review of the record of the hearing and supporting documents for one or more of the following reasons:
a. To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving both the Respondent and complaining parties the opportunity to prepare and present relevant information to be considered in the determination of an appropriate outcome. Minor deviations from designated procedures will not be a basis for sustaining an appeal unless there is an adverse effect on the outcome of the hearing.
b. To determine whether the decision reached regarding the Respondent was based on substantial information. That is, whether there was information presented in the case that, if believed by the Conduct Officer, was sufficient to establish that a violation of the Student Conduct Code occurred.
c. To determine whether the sanctions(s) imposed were appropriate for the violation of the Student Conduct Code which the student was found to have committed.
d. To review the decision, which involves separation of the student from the University, through disciplinary suspension or expulsion.
e. To consider new information, sufficient to alter the decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original hearing.
f. To petition for removal of a disciplinary transcript notation or for eligibility for re-admission to the University following completion of the terms of a disciplinary suspension. Appeals are directed to the panel only in those cases where the University Conduct Officer determines the original terms were not satisfactorily completed.
2. The Chair of the University Appellate Board will review the written request for appeal to determine if the acceptable grounds for the appeal are met. After review of the appellant’s request, which may include but is not limited to review of the record and/or meeting with the parties involved and/or the Conduct Officer, the Chair of the Discipline Panel shall take one of the following actions:
a. Deny the appeal.
b. Return the case to the Conduct Officer or Chief Conduct Officer for further consideration; while the case is being re-considered, the student must continue to abide by any stated conditions.
c. Convene an Appeals Committee to review the record of the original case.
d. Grant a hearing with an Appeals Committee to consider new information.
3. If an appeal is granted, the University Appellate Board will review the record or arrange for a hearing if one is necessary to hear new information. While the decision of the Appeals Committee is pending, the Respondent must comply with all conditions of the decision of the University hearing related to University owned or operated housing, no contact orders, restrictions from particular facilities, interim suspensions, or other conditions deemed necessary for the safety or orderly functioning of the campus as determined by the Chief Conduct Officer. Unless otherwise specified, a student may continue to attend classes while the appeal is pending.
4. When questions of law arise, the Chair may consult with University Legal Counsel.
5. A list of the members of the University Appellate Board will be provided to the Respondent and the Complainant(s). The Conduct Officer or Respondent or Complainant may request, to the Chair, the removal of a member of the panel with cause. The Chair will make the final determination related to removal of members. Members of the panel shall excuse themselves if they have a conflict of interest. The Chair of the University Appellate Board shall either chair the Appeals Committee or select a Chair from among the faculty/staff members of the University Discipline Panel. The remaining faculty/staff and students shall be selected from the remaining names following a rotation schedule.
6. If a hearing is granted to consider new information, the general process outlined under hearing procedures will be used.
7. The Appeals Committee may make one of the following decisions:
a. Reverse the decision: the committee does not agree with the Conduct Officer’s evaluation of evidence in support of the charges. In the case of the Respondent, the disciplinary decision would be changed to “No Action”. In the case of the Complainant, the case would be referred back to the Conduct Officer or Chief Conduct Officer for appropriate sanctioning.
b. Affirm the decision: the committee agrees that the information before the committee supports the decision reached by the Conduct Officer.
c. Return the case to the Conduct Officer or Chief Conduct Officer for further consideration: the committee believes that additional considerations should be made which could include increasing or decreasing the penalty or addressing additional issues raised through the appeals process. While the case is being re-considered, the student must continue to abide by any stated conditions.
8. The Appeals Committee will communicate its decision in writing in a timely manner. Except where the matter is returned to the Conduct Officer for further consideration, the matter shall be considered final and binding upon all involved.
a. The University Discipline Panel shall consist of at least 3 members.
For more information on the Student Code of Conduct, please contact the Office of Student Life at 303.556.3399 or via email at studentlife@cudenver.edu.