Responsibilities of Community Life: The Student Code

Part IV: Student Conduct Policies

A. Charges

1. Any person may file a report regarding any student or student organization alleging misconduct. Reports shall be prepared in writing and directed to the Director of Community Standards or to a designee. Complaints regarding alleged misconduct by a student or student organization at a regional campus shall be directed to the Associate Vice Provost or designee. A report should be submitted as soon as possible after the alleged misconduct takes place.
2. The Director of Community Standards or designee shall determine if a complaint alleges or addresses a potential violation of The Student Code and will notify the Accused Student of any charges.
3. Generally, the Director of Community Standards or designee will assign a Student Conduct Officer(s) to the case that will schedule a conference with the Accused Student(s) and other individuals as deemed necessary and appropriate.

B. Administrative Conference

1. A Student Conduct Officer will determine whether the charges may be resolved by way of an administrative agreement jointly developed by the Student Conduct Officer and the student or by way of a student conduct hearing. A student who agrees to resolve any charge(s) without a hearing shall have no right of appeal.
2. When charges cannot be resolved by mutual consent of the Accused Student and the Student Conduct Officer, the student will be informed of the hearing process and of the rights of hearing participants, and a hearing will be scheduled. The Student Conduct Officer may proceed directly to a hearing based on the circumstances of the situation.

C. Hearing Bodies

The Director of Community Standards or designee will assign either an Administrative Hearing Officer(s) or a hearing board to conduct each hearing.

1. Administrative Hearing Officers:The Director of Community Standards designates and trains Administrative Hearing Officers annually. Administrative Hearing Officers are University officials. They may conduct hearings on any type of alleged violation of The Student Code. Administrative Hearing Officers may impose any sanction as appropriate. Typically, a hearing will consist of one or two Administrative Hearing Officers.
2. Academic Misconduct Hearing Board: Academic Misconduct Hearing Boards shall consist of two faculty members, two students, and one hearing advisor. They may conduct hearings on any alleged violation regarding Academic Integrity in Undergraduate Education and Research (Appendix A of The Student Code).
3. Peer Hearing Boards: Peer Review Boards shall consist of at least three (3) students. Generally, a Peer Review Board shall have an advisor. Peer Review Boards shall review probation petitions. After six months of a student being placed on University Probation the student may petition and appear before the Peer Review Board for determination of whether or not University Probation is continued. Peer Review Boards do not conduct hearings of alleged violations.

D. Hearing

Generally, a hearing brings several people together in an effort to allow for the full consideration of an allegation that a student has violated The Student Code. The hearing participants may include the Accused Student(s), a Complainant, witnesses, and a support person for each Accused Student or Complainant, the member(s) of the Hearing Body, and a hearing advisor.

An essential component of any hearing is the determination and the weighing of the facts that pertain to the charge(s). Therefore, it is vital that personal statements and other information be presented clearly and factually. All participants are expected to be respectful of each other’s purpose in the hearing process and to conduct themselves according to the direction of the Hearing Body. In an effort to be as fair as possible to the Complainant and Accused Student, student conduct procedures may be modified by Community Standards. In certain cases, such as those involving assault and harassment, support and privacy of all those potentially involved in the hearing process must and will be taken into consideration.

1. Normally, a hearing will be conducted within ten (10) business days of the accused being notified of the hearing and charges.
2. The Complaining Party, any alleged victim and the Accused Student shall each have the right to:
1. Be notified of all charges by means of the address (University e-mail, residence hall address, or permanent address) provided by the student via the Registrar’s Office.
2. Review any written complaint(s) submitted in support of the charge(s).
3. Be informed about the hearing process.
4. A reasonable period of time to prepare for a hearing.
5. Request a delay of a hearing due to extenuating circumstances.
6. Be notified of the proposed information to be presented and to know the identity of witnesses who have been called to speak at the hearing when such information is known by the Director of Community Standards or designee prior to the hearing.
7. Be accompanied by a support person during the hearing. A student should select as a support person one whose schedule allows attendance at the scheduled date and time for the student conduct hearing because delays will not normally be allowed due to the scheduling conflicts of a support person.
8. Be present at all stages of the hearing process except during the private deliberations of the Hearing Body. Following the hearing, the Hearing Body shall advise the Accused Student, group and/or organization (and a complaining student who believes s/he was the victim of another student’s conduct) in writing of its determination and of the sanction(s) imposed, if any.
9. Submit a written account or present a personal statement regarding the incident. The decision to not present information is not an admission of responsibility.
10. Present information and incident witnesses when deemed appropriate and relevant by the Hearing Body.
11. Respond to statements and other information presented at the hearing.
12. Present a personal or community impact statement to the Hearing Body upon a finding of “Responsibility”.
3. A hearing shall be conducted by a Hearing Body in accordance with the procedures listed below. When a University official serves as the sole member of the Hearing Body, that official may be referred to as the “chair”. Specific hearing bodies may adopt additional procedures that are not inconsistent with the provisions of The Student Code:
   1. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
   2. A hearing shall be conducted in private.
   3. Admission of any person into the hearing room shall be at the discretion of the chair of the Hearing Body. The chair shall have the authority to discharge or to remove any person whose presence is deemed unnecessary or obstructive to the proceedings. Number of witnesses coming to the hearing should be presented to the chair of the Hearing Body at least two days prior to the hearing.
   4. When a hearing involves more than one Accused Student, the Director of Community Standards or designee may, at his or her discretion, permit the student conduct hearings concerning each student to be conducted either separately or jointly.
   5. If an Accused Student, after receiving notification, does not appear before a hearing, the hearing will proceed without the student.
   6. Except as directed by the chair, the support person shall limit his/her role in a hearing to that of a consultant to the accused, to the Complainant, or to the victim.
   7. The Complainant, the Accused Student and the Hearing Body may arrange for witnesses to present pertinent information to the Hearing Body. The Accused Student, Complainant, and any witnesses will provide information to and answer questions from the Hearing Body. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Hearing Body with such questions directed to the chair, rather than to the witnesses directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chair.
   8. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by the Hearing Body at its discretion. Information presented by a student during a hearing that indicates a potential violation of The Student Code may be adjudicated at a future time.
   9. After the portion of the hearing concludes in which all pertinent information has been received, the Hearing Body shall determine whether the Accused Student has violated each section of The Student Code which the student is charged with violating.
   10. The Hearing Body’s determination shall be made on the basis of whether it is more likely than not that the Accused Student violated The Student Code.
   11. When an Accused Student has been found “Responsible” on any charge, the Hearing Body shall review the student’s academic transcript and student conduct history, hear impact statements by both the Accused Student and Complaining Party, and impose the appropriate sanction(s).
   12. All procedural questions are subject to the final decision of the chair or the hearing advisor of the Hearing Body.
4. All hearings will be recorded and the University will maintain the audio recordings as required by Connecticut state law and are the property of the University. Participants are prohibited from making their own recording. Upon written request, an Accused Student or Complainant may review the audio recording and make appropriate arrangements for it to be transcribed at the University. Arrangements and all associated costs involved in the transcription will be the responsibility of the requesting individual.

E. Sanctions

1. The following sanctions may be imposed, individually or in various combinations, on any student found to have violated The Student Code. Please note this is not an exhaustive list of sanctions:
   1. Warning: A notice that the student has violated University policy and a warning that another violation will likely result in a more severe sanction which could include “University Probation”, “University Suspension” or “University Expulsion”.
   2. University Probation: University Probation is an indefinite period of time where the student is given the opportunity to modify unacceptable behavior, to complete specific assignments, and to demonstrate a positive contribution to the University community in an effort to regain student privileges within the University community. After six months from being placed on University Probation the student may apply for a review of the student’s Probationary status. The student will need to appear before a Peer Review Board and demonstrate significant contributions, both of an academic and co-curricular nature, to the University community. The Peer Review Board will determine if the student will continue on Probation or if the Probation is lifted. The decision of the Board is final and not subject to appeal. If it is decided that University Probation will continue the student may re-apply in six months after the Board’s decision. Due to the student’s conduct history there is the possibility of University Suspension or University Expulsion if the student is found responsible for a subsequent violation.
   3. University Suspension: Separation from the University for a designated period of time after which the student shall be eligible to apply for readmission to the University. Readmission to the University is not guaranteed. Conditions for consideration of readmission may be specified. A student’s reacceptance into his/her school or college is at the discretion of the school or college. A student who is on suspension is prohibited from participating in any University activity or program. The individual may not be in or on any University owned or leased property without securing prior approval from the Director of Community Standards. A notation of “Suspension” shall be placed on the student’s official transcript until graduation. However, the student may petition the Director of Community Standards for earlier removal of the notation upon completion of the Suspension. The University of Connecticut will not accept credits earned at another institution during a period of suspension.
   4. University Expulsion: Permanent separation from the University. A student who has been expelled is prohibited from participating in any University activity or program. The individual may not be in or on any University owned or leased property. A permanent notation of “Expulsion” shall be placed on the student’s transcript.
   5. Additional Sanctions: The following may be given in conjunction with any of the above:
      1. Loss of Privileges: Denial of specified privileges for a designated period of time.
      2. Restitution: Compensation for loss of or damage to property or services rendered. This may take the form of appropriate service and/or monetary or material replacement.
      3. Removal from Housing: Separation of the student from University approved housing for a designated period of time after which the student shall be eligible to return. Removal may include loss of dining privileges.
      4. UCompass: The UCompass program has a sanction component which is designed to promote student engagement through co-curricular involvement. UCompass facilitators will assist the student in designing a customized involvement plan based on their individual interests and academic plan.
      5. Educational Initiatives: Projects; participation in health or safety programs (the student may be required to pay a fee); service to the University or to the larger community; seminars; and other assignments as warranted.
   6. Academic Sanctions: The issuance of a grade of “F” (failure) to a paper, an examination, a project, or other assignment relative to an academic course or program; the issuance of a final grade of “F” (failure) for an academic course or program; and other grade reductions, course assignments, or academic penalties as warranted. A student may not withdraw from a course after a sanction of a grade of “F” (failure) has been imposed for that course.
2. The following sanctions may be imposed upon student organizations:
   1. Those sanctions listed above in Part IV, E.1, “a” through “e”.
   2. Loss of Recognition: Loss of all University privileges for a designated period of time. Loss of recognition for more than two consecutive semesters requires an organization to reapply for University recognition. Conditions for future recognition may be specified.
3. Certain hearing bodies are not authorized to impose the sanctions of “University Suspension” and “University Expulsion.” During the course of a hearing, one of these hearing bodies may conclude that a student should be suspended or expelled from the University. In such situations, a recommendation will be forwarded to the Director of Community Standards who may impose the recommended sanction.
4. Aggravated Violations: If a student is responsible for violation of any University policy that is directed toward an individual or group due to race, ethnicity, ancestry, national origin, religion, gender, sexual orientation, gender identity or expression, age, physical or mental disabilities, including learning disabilities, mental retardation, and past/present history of a mental disorder the Hearing Body may enhance the sanctions.

F. Appeals

1. A decision reached by the hearing body or a sanction imposed by the hearing body may be appealed by the Accused Student(s) or Complainant(s) to the next level of student conduct authority within five (5) business days of the decision. All appeals shall be in writing and shall be delivered to Community Standards. The decision reached as a result of an administrative conference may not be appealed.
2. Except as required to explain the basis of new information, an appeal shall be limited to a review of the student conduct file. The audio recording of the Student Conduct Hearing shall be available for the Appellate Body for review as necessary. The review shall be for one or more of the following purposes:
   1. To determine whether the Student Conduct Hearing was conducted in conformity with prescribed procedures giving the Complaining Party a reasonable opportunity to prepare and to present information that The Student Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations.
   2. To determine whether the sanction(s) imposed were appropriate for the violation of The Student Code which the student was found to have committed.
   3. To consider new information, sufficient to alter a 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 Student Conduct Hearing.
3. If an appeal is upheld by the Appellate Body, the matter shall be referred to the original Hearing Body for re-opening of the Student Conduct Hearing to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.