The Behavioral Code of Conduct and its investigation/determination process are administrative functions, separate and distinct from local, state, and federal law. As such, the conduct process may proceed against students charged with a violation of the law when the alleged conduct is also a violation of the Behavioral Code of Conduct. The student conduct process may be carried out prior to, simultaneously with, or following any civil or criminal proceedings.

A student retains all rights and privileges of a student in good standing until he or she is determined to be responsible for violating a law or policy. However, in cases of emergency and necessity, such rights and privileges may be withheld or revoked to protect a student and/or to preserve the safety of the campus community.

Note: These procedures DO NOT apply to sexual misconduct, which is covered by Title IX.

The University will use the disciplinary authority inherent in its responsibilities to protect its educational purposes and processes. In the exercise of this authority, the University shall ensure that the students alleged to have violated the Behavioral Code of Conduct shall receive adequate due process as prescribed by statute.

The University uses the preponderance of the evidence standard to decide if a Respondent is responsible for a violation. This means that a determination is made based on whether it is “more likely than not,” or at least fifty-one (51) percent likely, that the Respondent committed a violation based on the available information.

After receiving a report, the Student Conduct Officer will review the circumstances of the incident and determine if the allegation represents a potential violation of the Behavioral Code of Conduct and if the potential consequence of the alleged violation could result in the Respondent's dismissal or suspension from the University or from University Housing. The review may include a meeting with, or a request for further information from, any sources with knowledge of the incident for the purpose of determining if there is sufficient reason to believe that a violation occurred.

A report that alleges behavior not constituting a violation of the Behavioral Code of Conduct, or which lacks sufficient information, may be dismissed or otherwise not acted upon. If a Complainant disagrees with this decision, the Complainant may request a review by the Vice Provost for Student Affairs. If the Student Conduct Officer determines that the complaint/information merits further action, then a case file will be created and assigned to an investigator.

In the event, and at any time, the allegations constitute a potential violation of sexual misconduct, the matter will be immediately referred to the University's Title IX Coordinator for review.

An investigator will gather evidence, collect information, and/or meet with any Participant (i.e., any Complainant and Respondent) and any individual with knowledge of the complaint or incident (e.g., any witness) for the purpose of establishing the relevant facts of the case. Each Participant shall be provided with the following in his or her Charge Letter:

(1) written notice of the Behavioral Code of Conduct violation or violations of which the Respondent is accused of violating;