University Conduct Board

The UCB shall hear and decide cases as assigned to it by the Resolution Center and involving charges of the most serious nature including but not limited to allegations of sexual harassment or misconduct, discrimination or interpersonal violence.

The conduct officers will hear and deliberate cases in panels of three with one conduct officer acting as chairperson of the panel. It shall be the duty of the chairperson to exercise control over the hearing in order to afford a fair and orderly hearing to all participants; to avoid needless consumption of time; and to prevent the harassment and/or intimidation of parties and witnesses.

A hearing for the purpose of determining whether or not a policy has been violated by the respondent as alleged shall be conducted within forty-five days of the receipt of a complaint by the Resolution Center. The Resolution Center, or UCB chair may modify or extend any time frames described in this Code for good cause. 

NOTE: In matters covered under the University’s Harassment and Discrimination Policy, the Title IX Coordinator may modify or extend any time frames described in this Code for good cause. Time frames for responding to reports of sexual misconduct or harassment contained that policy will supersede this section and the Resolution Center will consult with the Title IX Coordinator regarding the timing for any investigation and/or hearing.

1. University Conduct Board Procedures:

a. A respondent participating in a UCB hearing is entitled to the following:

i. Receive advance notice of date, time, and place of the hearing in person, University email, or U.S. Mail.

ii. Receive written notice of the complaint that specifies the nature of the violation and the basis for the charge including the date or period of time during which the misconduct is alleged to have occurred and the location where the misconduct is alleged to have occurred.

iii. The student shall also be notified of the names of the conduct officers and any student wishing to challenge the participation of any conduct officer must notify the Resolution Center in writing within three days of the notice stating the reason(s) for the objection. Failure to do so will constitute a waiver of any objection to the composition of the panel. The Resolution Center will forward the information to the Vice Provost for Student Affairs who will determine whether the challenge has merit and reserves discretion to make changes in the panel composition.

iv. Be given adequate time to prepare a case pursuant to the time frames articulated in this Code.

v. Be given an opportunity to review related documentation. 

All students shall have reasonable opportunities to review any and all information which might be used during the hearing. This information shall include but not be limited to investigative reports, written or recorded statements, and all relevant documents and information to the extent allowed by laws governing privacy, including FERPA.

vi. Have access to a trained University staff person to provide information in navigating the Student Code of Conduct system. Before any hearing takes place, each student shall have the opportunity to meet with a trained University staff person for the purpose of becoming informed about hearing processes and procedures. 

vii. Have an opportunity to present both written documentation and witnesses.

At least three days prior to a hearing, the students shall disclose to the Resolution Center the names and contact information of each person whom the disclosing student expects to call as a witness at the time of the hearing. At the same time, each student shall provide to the Resolution Center a list of all documents, statements, report and writings of any kind which the disclosing student intends to submit at the time of the hearing. The Resolution Center will provide all such information to the panel chair for review prior to distribution to all students and conduct officers. Information not disclosed in compliance with this paragraph will not be considered at any hearing. Witnesses, documents, statements, reports and writings submitted by disclosing students should be in addition to university investigative reports prepared and submitted by a qualified university official. All such information will also be provided to the conduct officers. The student wishing to present any witness is responsible for arranging for the attendance of such witness. The University will not compel the attendance of witnesses.

viii. UCB proceedings are not open to the public. 

All information is private and confidential, and all participants will receive instruction as to the preservation of the privacy of all concerned. 

ix. UCB meetings are audio recorded by the Resolution Center and no other electronic devices are allowed. 

Audio recordings are maintained by the Resolution Center and are considered a part of the student’s conduct record. The Resolution Center will exercise reasonable care to minimize technical issues; however, technical issues that result in no recording or an inaudible recording are not considered procedural defects for the purposes of the Appeals process. There shall be no recording of deliberations. 

x. The panel chair shall open any hearing by reading the statement of charges. 

A representative from the Resolution Center will present information related to the case which may include, but not be limited to, documents, investigative reports, or witnesses.

xi. The respondent may present a response to the charges. 

The response, if any, may include the introduction of available and relevant documents, physical evidence or through the in-person testimony of witnesses.

In the event that a student does not attend a properly noticed and scheduled hearing, the panel chair, in the exercise of their discretion, may proceed with the hearing in the absence of such student.

xii. Conduct officers may direct reasonable questions to witnesses if present.

All witnesses shall affirm the truthfulness of their testimony. All witnesses shall be excluded from the hearing room except during their own testimony.

xiii. Formal rules of evidence do not apply and the panel chair will determine what information is relevant to the hearing.

The responsibility for the resolution of all issues as to admissibility or relevance of evidence, the propriety of questions, and any other procedural matter shall rest solely with the panel chair in the exercise of their discretion. 

xiv. Following the presentation of each students’ evidence the panel chair may allow each student to present additional evidence in response.

After the presentation of evidence is complete the panel chair may allow the student to present a closing summation of their case.

xv. Upon the completion by all students’ of the presentation of their respective cases and information, the panel chair will declare the hearing "closed" and no further information will be received by the conduct officers.

xvi. Once the hearing is closed, the conduct officers will deliberate for the purpose of making a determination whether or not the student is responsible for the violation charged.

The determination shall be made by majority vote of the conduct officers, and shall be supported by a written statement of the rationale for the decision.

If no violation of any kind is determined, then the proceedings are at an end. If it is determined that a violation has occurred, then the conduct officers will continue its deliberations for the purpose of determining the appropriate conduct outcome, if any, to be levied.

xvii. The respondent will be notified in writing of the disposition of the case, as well as any sanctions imposed, after a decision has been determined.

b. A complainant participating in a UCB hearing related to alleged violations of Gender-based Harassment, Discrimination, and Sexual Misconduct, or alleged crimes of violence is entitled to the following:

i. An identical right to be present at and to participate in all hearing processes as outlined in UCB Hearing Procedures.

ii. The conduct officers may allow the contesting parties to be screened from the vision of one another during the hearing, may make arrangements for attendance by video conference, or make other appropriate accommodations, all within their sound discretion.

iii. Opportunity to present any relevant information in the case against the accused student. This information may be presented by the introduction of any available and relevant documents, physical evidence or through the in-person testimony of witnesses. The panel chair, the respondent and the conduct officers may direct reasonable questions to witnesses presented by the complainant.

iv. The complainant and the respondent may not directly question one another unless granted permission to do so by the panel chair. If a request to allow direct questioning between the parties is made, the panel chair shall enter into the record a written finding in support of their decision. If a request to allow direct questioning is denied, the chair, at their discretion, may allow the parties to pose additional questions or inquire further into specific matters by submitting these questions/requests in writing to the chair. The chair may then, at their discretion, pose the submitted questions to the other party. If necessary, a brief break may be granted to allow both parties an opportunity to prepare and submit such questions/requests. The chair is empowered to disallow or reframe any questions that are irrelevant, redundant, or otherwise inadmissible.

v. In matters alleging a violation of the University’s Harassment and Discrimination Policy no information, facts or evidence bearing upon the prior sexual conduct of a party shall be introduced into a hearing process absent permission to do so granted by the panel chair. Where a respondent and complainant have a prior intimate or sexual relationship this information may be relevant to determine responsibility, however the mere fact of a current or previous consensual intimate or sexual relationship between the respondent and complainant does not itself imply consent or preclude a finding of responsibility for sexual misconduct. Any prior sexual conduct of the complainant unrelated to the respondent is not relevant and shall not be considered. The prior unrelated sexual misconduct of the respondent may be relevant to the issue of appropriateness of assigning conduct outcomes.

vi. Complainants will also be notified in writing of the outcome of the case. Notification will be made in compliance with privacy laws, including but not limited to FERPA. Notification shall include information regarding how an appeal may be filed.

Last updated: 5/29/20