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Procedures

Section IV: Code of Student Conduct Procedures

A. PROCEDURES FOR REVIEW OF STUDENT CONDUCT

The University conduct system handles charges brought against any University student or student organization for alleged infractions of the Code of Student Conduct. In addressing charges, it is the responsibility of the hearing body to determine whether the alleged behaviour constitutes a violation of the Code of Student Conduct.

This system emphasizes student involvement in the conduct process and relies on full and open discussion of cases with all parties concerned to render a fair judgement. The hearing bodies are not courts of law; hence, the formal rules of process, procedure and/or technical rules of evidence that are used in the courts do not apply.
  1. Charges
    • a) Allegations of misconduct must be submitted in writing to the appropriate administrative office (community administrator for residential life cases, director of the Office of Student Conduct for other cases). Sufficient information is required to support an allegation of misconduct before the request for charges is accepted. If these two conditions are not met, the request is denied.
    • b) Charges against students must be presented in writing with sufficient particularity and at least five business days prior to a hearing. At the same time, the student charged is informed of his or her rights and of the procedures to be followed. Charges will be delivered in person, via e-mail, or mailed to the most recently recorded address listed with the Office of the University Registrar, or permanent address if no local address is listed. 
    • c) The person assigning charges for Level I cases does not serve as the student conduct administrator.

  2. Handling of Cases

    • a) Level I Cases
      • i. Cases in which possible sanctions do not include disciplinary probation until graduation, final probation, suspension, expulsion or a change in housing status are designated as Level I cases.  Information regarding sanctions can be found in the University Sanctioning Guidelines.
      • ii. Level I cases are assigned to a student conduct administrator for investigation and resolution. 
      • iii. Prior to meeting with the student conduct administrator, the student charged is invited to attend a pre-hearing meeting with a pre-hearing educator in which the student conduct system, student rights and potential sanctions are explained.
      • iv. The student conduct administrator may conduct an investigation to determine if the charges have merit and/or if they can be handled administratively by mutual consent of the parties involved on a basis acceptable to the student conduct administrator. Such resolution is final and there will be no subsequent proceedings. 
      • v. Prior to resolution, the student charged will be given the opportunity to review all available reports pertaining to the incident.
      • vi. If the charges are not admitted to and/or cannot be resolved by mutual consent, the student conduct administrator will make a determination as to whether the student charged violated the Code of Student Conduct and assign sanctions if appropriate. Such resolution is subject to appeal.
      • vii. If the student charged does not attend the hearing with the student conduct administrator, the student conduct administrator will consider the information available and make a determination regarding the student’s responsibility and sanctions, if any.

    • b) Level II Cases
      • i. Cases in which possible sanctions do include disciplinary probation until graduation, final probation, suspension, expulsion or a change in housing status are designated as Level II cases. Information regarding sanctions can be found in the University Sanctioning Guidelines.
      • ii. Level II cases are assigned to a student conduct administrator.
      • iii. When handling Level II cases, the student conduct administrator may conduct an investigation to determine if the charges have merit and/or if they can be handled administratively by mutual consent of the parties involved on a basis acceptable to the student conduct administrator. Such resolution is final and there will be no subsequent proceedings. 
      • iv. Prior to signing such an agreement, the student charged will be given the opportunity to review all available reports pertaining to the incident. 
      • v. If the matter cannot be resolved by mutual consent, the student will be sent the formal charges a student conduct board hearing will be scheduled, and charges will be presented by the student conduct administrator.
      • vi. Students who are requested to provide testimony at a Student Conduct Board Hearing are expected to participate.

  3. Advisers 

    Any party may be accompanied by an adviser at any point in the process. Advisers are not permitted to speak or to participate directly in any part of the conduct process unless permitted to do so by the presiding officer.

  4. Basis for Decisions

    Determinations of responsibility will be made on the basis of whether there is clear and convincing information that the student charged violated the Code of Student Conduct except in cases involving any form of harassment or sexual violence. For cases involving any form of harassment or sexual violence, determinations of responsibility for all charges associated with the case will be made based on preponderance of the evidence. 

  5. Student Conduct Board Hearings

    • a) The Office of Student Conduct establishes student conduct boards to hear Level II cases. When the charges cannot be handled administratively by mutual consent, or the accused student chooses not to meet with the student conduct administrator, a student conduct board hearing is conducted. 
    • b) Each case is heard by a student conduct board consisting of three board members drawn from the pool of eligible faculty/retired faculty, staff/retired staff and student board members. Board members are assigned by the director of the Office of Student Conduct or designee.
    • c) One member of the board is appointed chair by the Office of Student Conduct. The chair participates fully in the hearing and is a voting member of the board. The chair is responsible for ensuring that the rights of the accused student are respected and that hearing procedures are followed. 
    • d) The director of student conduct or designee will serve as hearing adviser in order to respond to issues pertaining to student rights, hearing procedures and University policy.
    • e) Student conduct board hearings are normally closed. Exceptions are made at the sole discretion of the director of the Office of Student Conduct.
    • f) In cases involving more than one student charged, the director of the Office of Student Conduct, at his or her discretion, may permit the student conduct board hearings concerning each student to be conducted separately or jointly. Students charged may submit a written request for an individual hearing to the director of the Office of Student Conduct or designee. 
    • g) The student conduct administrator and the accused student may identify witnesses to present pertinent information to the student conduct board. The Office of Student Conduct will notify witnesses of the hearing when those witnesses are members of the University community, and have been identified at least three business days in advance of the hearing. 
    • h) Accused students have the right to be present when information is being presented, to respond to and ask questions, or to refuse to answer questions. Refusal to answer questions is not considered an admission of responsibility. 
    • i) Accused students have the right to review any written documents presented. If such documents are available prior to the hearing, students have the opportunity to review them before the hearing. If they are presented at the hearing, students have the opportunity to review them at that time. 
    • j) Presentation of information and questions must be relevant to the case and will be considered by the board at the discretion of the chairperson of the student conduct board.
    • k) At the discretion of the board chairperson, questions will be directed to the chairperson rather than directly to any party or witness.
    • l) All procedural questions raised during the hearing are subject to the final decision of the chairperson of the student conduct board. 
    • m) Following the hearing, the student conduct board will determine whether the accused student has violated the specified section of the Code of Student Conduct and recommend appropriate sanctions, if any. Votes by the student conduct board are by simple majority. 
    • n) The Office of Student Conduct will make a video and/or audio recording of all student conduct board hearings (not including deliberations). Students may have access to their hearing record, for appeal purposes. Recording devices are not permitted.
    • o) If the student charged is not present, the hearing is held in the student’s absence. The student conduct board considers the information available and bases its decision on this information. The absence of the accused student is not an admission of responsibility.
    • p) The student conduct board may accommodate concerns for the personal safety and well-being of both those involved in the hearing and of the campus community. Appropriate accommodations will be determined at the sole discretion of the director of the Office of Student Conduct and may include but are not limited to pat downs prior to entry into the hearing room, moving hearings to an-off campus location, and allowing parties to participate from remote locations via electronic means.
B. SANCTIONS
  1. When violations of the Code of Student Conduct are addressed, the University conduct system attempts to create an active and educational response taking into consideration the interest of the victim, interest of the accused and the overall well-being of the University community.

  2. Sanctions are intended to deter any subsequent violations. To restore community, sanctions will be appropriately tied to the offence and tailored to repair actual harm done.

  3. The following sanctions may be imposed:
    • a) Disciplinary Warning — Disciplinary warning is an official acknowledgement that rules have been violated. Warnings are for a designated period of time and include the probability of more severe disciplinary sanctions if the student is found responsible for further violations of the Code of Student Conduct while on warning.
    • b) Disciplinary Probation — Disciplinary probation is a serious and active response to a violation of rules. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for further violations of the Code of Student Conduct during the probationary period.
    • c) Loss of Privileges — Loss of privileges is the loss of specified privileges such as use of a particular facility, visitation to a residence hall, housing priority, contact with an individual, or other privileges for a designated period of time.
    • d) Educational Projects and Community Service — These sanctions involve the completion of projects, assignments, essays, service to the University, facilitation of or participation in programs, or other related assignments.
    • e) Restitution — Restitution may include payment to an individual or to the University to cover the cost of damage, destruction, defacement, theft or unauthorized use of property. It may also include payment for medical bills not covered by insurance. 
    • f) Relocation or Removal from Housing —Relocation is the reassignment of a student from one living space to another. Removal from housing is the removal of a student from all University-operated housing. Relocation and removal from housing are usually accompanied by loss of visitation privileges to specified residential areas, and are imposed for a specified period of time. 
    • g) Final Probation — Final probation is imposed only in very serious cases or cases where students are currently under a significant sanction. Final probation usually includes removal from all University housing and loss of visitation privileges to buildings or areas of campus, and is imposed for a specified period of time. Students found responsible for any further violation of the Code of Student Conduct while on final probation may be suspended from the University. 
    • h) Suspension — Suspension is the separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Students who have been suspended may not be on campus without specific, written permission of the dean of students or designee.
    • i) Expulsion — Expulsion is the permanent separation of the student from the University. Students who have been expelled may not be on campus without specific, written permission of the dean of students or designee.
      NOTE: Recommendations for final probation, suspension or expulsion from the University are forwarded to the dean of students or his or her designee, who is the president’s designee for final action.

  4. More than one of the previously listed sanctions may be imposed for any single violation.

  5. Following a student conduct board hearing, the board completes a summary report of its findings and recommendations and forwards it to the Office of Student Conduct. The director of student conduct or his or her designee certifies that the sanction(s) is appropriate based on the sanctioning guidelines. The director or his or her designee will make adjustments as necessary to ensure that the sanction(s) is appropriate. The Office of Student Conduct forwards the final outcome to the accused students and the student conduct administrator.

  6. Any student found responsible for a violation of the Code of Student Conduct, who has targeted a person or group based on factors such as perceived race, colour, gender, religion, age, disability, marital status, national origin or ancestry, may be subject to a more severe sanction than would ordinarily accompany that violation.

    7. The director of student conduct will place an administrative hold on a student’s University records when the student fails to complete the sanction(s) by the assigned deadline. The hold will remain in effect until all assigned sanction(s) are completed.
C. APPEALS
  1. An appeal must be submitted in writing by the student charged and submitted to the Office of Student Conduct within five working business days except in cases of suspension or expulsion when the appeal must be submitted within 10 working business days, after receiving notification of the outcome of the hearing.

  2. For cases involving any form of harassment or sexual violence, the same right of appeal will be extended to both parties. The non-appealing party will be notified of the appeal and may submit a statement of their position with respect to the appeal.

  3. The appeal must specify the reason(s) for the appeal. The student charged may appeal on any or all of the following grounds:
    • a) appeal the finding that the student violated the Code of Student Conduct; 
    • b) appeal the sanction imposed; and
    • c) appeal on the basis of specified procedural errors in the disciplinary process.
       
      For each reason cited, a detailed explanation must be included. 

  4. Failure to appeal within the allotted time will render the original decision final and conclusive.

  5. Appeals of all conduct cases are reviewed by the dean of students, the assistant vice president for student life, or their designee. Appeals may be referred to a three member appeals board at the discretion of the appellate officer. This board will have the responsibility of making a recommendation on the merits of the appeal. Appeals boards, when used, will consist of at least one student and at least one staff person.

  6. Appeals will be decided upon the record of the original proceeding and upon written materials submitted by the parties. New hearings will not be conducted except in accordance with 7.b) of this section. The decision of the dean of students, the assistant vice president for student life, or their designee will be final and there shall be no further appeal.

  7. The person(s) reviewing an appeal may:
    • a) Affirm the finding and the sanction imposed by the original board.
    • b) Affirm the finding and reduce, but not eliminate, the sanction, in accordance with 7.a) of this section.
    • c) Assign the case to a new hearing board in accordance with Section IV A. of these procedures.
    • d) Dismiss the case, in accordance with with 7.c) of this section.

  8. Deference shall be given to the determinations of the hearing board:
    • a) Sanctions may only be reduced if found to be disproportionate to the offence.
    • b) Cases may be assigned to a new hearing board if specified procedural errors or errors in interpretation of University regulations were so substantial as to effectively deny the charged student a fair hearing, or if new and significant evidence became available which could not have been discovered by proper diligence before or during the original hearing. When a new hearing is granted, no indication or record of the previously conduct hearing will be introduced or provided to members of the new conduct panel, except to challenge contradictory testimony at the discretion of the presiding officer. The board will be directed not to repeat the specified errors that caused the case to be reheard.
    • c) Cases may be dismissed only if the finding is determined by the appeals officer to be arbitrary and capricious.
    • d) Decisions altering the determinations of all hearing shall be accompanied by a written explanation.

  9. The imposition of sanctions will normally be deferred while appeals are pending, except that summary actions will continue until there is a final outcome.

  10. Appeals will ordinarily be expected to be decided within ten (10) business days.
d.  SUMMARY ACTION
  1. Pending final action on a charge (including the appeal process), the status of the student is not altered, unless the continued presence of the students would constitute a clear and present danger to themselves, to the safety of others or to the property of the University.

  2. When the continued presence of the student on campus is deemed to constitute a clear and present danger to himself or herself, to the safety of others or to the property of the University, summary action may be taken by the assistant vice president for student life or designee. Summary action may include loss of contact with individuals, denial of access to facilities or suspension from the University pending the outcome of a student conduct board hearing.

  3. Students under summary action may be required to leave University facilities or property immediately and will be considered trespassing if they return.

  4. Students under summary action may request a meeting with the vice president for student affairs or designee in order to appeal the summary action. This request must be made no later than 5 p.m. of the business day following the date the student receives the letter of summary action, including days when classes are not in session.

  5. Students who have appealed a summary action must abide by the terms of this action pending the outcome of the appeal.

  6. Students will receive written notice of the outcome of their appeal from the vice president or designee.

  7. Students under summary action must have written permission from the assistant vice president for student life or designee in order to have access to facilities property or services of the University. 
e. MEDIATION
  1. Mediation is a voluntary process of conflict resolution facilitated by a trained mediator, who helps parties develop mutually acceptable solutions. The mediator is neither judge nor arbitrator, and does not determine guilt or innocence, dispense advice or impose decisions.

  2. Mediation will be used as a method of resolving student conduct matters when the student conduct administrator believes the case is appropriate for mediation and all those involved are willing to participate. If such a matter cannot be successfully resolved through mediation, it will then be considered for charges through the student conduct process.
f. STUDENT RECORDS
  1. Case referrals will result in the development of a disciplinary file in the name of the accused student. Files for students who are found not responsible will be voided. Voided files will be destroyed at the end of the academic year in which they were created.

  2. The files for cases involving sanctions of warning up to and including final probation are maintained for two years from the date on which the sanction expires. Disciplinary records may be voided by the director of the Office of Student Conduct for good cause, upon written petition. Factors to be considered in review of such a petition include:
    • a. the present demeanour of the student;
    • b. the conduct of the student subsequent to the violation;
    • c. the nature of the violation and the severity of any damage, injury or harm resulting from it.

  3. Records of suspension are maintained for two years from the date on which the suspended student graduates from the University. If the student does not graduate, the file is maintained as a permanent record.

  4. Students who are suspended have the following statement placed on their transcript: “Disciplinary Suspension.” The suspension notation is removed when the suspension period expires.

  5. Students who have been summarily suspended will have a judicial hold placed on their University records until such time as there has been a final outcome of the charges. Upon final outcome, the hold will be lifted and a suspension notation will be placed on their transcript if warranted.

  6. In order to verify compliance with the Campus Security Act, all disciplinary referrals for alcohol, drugs and weapons possession are retained for seven years. These records are sealed and are only released to the authorities to which information must be made available under federal and/or state law. 

  7. Records of expulsion are not destroyed.

  8. Students who are expelled have the following statement placed on their transcript: 
    “Disciplinary Expulsion.” Ordinarily, notation of expulsion is a permanent notation on the transcript. After five (5) years from the date of the expulsion, expelled students may submit a written petition to have the notation removed from their transcript. The petition is submitted to the dean of students or designee and must outline the reasons for the request and provide documentation of activities (work, education, etc.) since the student’s expulsion from Koya University.
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