5.4. Informal Conduct Process
5.4.1 The Responding Student has the right to a formal hearing before a PCB or Conduct Panel, as However, at the discretion of the assigned Student Conduct Administrator, the Responding Student may opt to waive their right to a PCB or formal Conduct Panel hearing verbally, electronically, or in writing using the Conduct Panel Hearing Waiver Form and instead, have the matter decided by the assigned Student Conduct Administrator.
In such cases, the Responding Student waives the right to some procedural guarantees provided by the formal conduct process with a PCB or formal Conduct Panel hearing, including the right, as applicable, to:
a. Receive a Complaint formally notifying the student of the alleged misconduct;
b. Have questions asked of the Reporting Party and any witnesses by the PCB or formal Conduct Panel chair;
c. Complete a review of the hearing packet, including related conduct documentation and statements; and
d. Have a single verbatim audio and/or digital recording prepared of the student’s conduct process.
In cases when the Complaint is investigated by the Office of Institutional Equity, the Responding Student waives the following procedural rights provided by the Title IX Conduct Panel process:
a. Have questions asked of the Complainant and any witnesses by the Title IX Conduct Panel; and
b. Have a single verbatim audio and/or digital recording prepared of the student’s conduct process.
During the first investigation meeting with the Respondent, if an informal Conduct Discussion is an option, the assigned Student Conduct Administrator will ask the student if they want to proceed with an informal Conduct Discussion or a formal conduct hearing with the PCB or formal Conduct Panel, as appropriate. If, at the discretion of the assigned Student Conduct Administrator, an informal Conduct Discussion is an option for a Complaint investigated by OIE, the assigned Student Conduct Administrator will ask if the Respondent wants to proceed with an informal Conduct Discussion or Conduct Panel during the student’s first meeting with the assigned Student Conduct Administrator at the conclusion of the investigation by OIE. For Title IX Complaints, an informal Conduct Discussion may only be used for resolution when the Title IX Coordinator and/or their designee authorizes this resolution process and both the Complainant and Respondent mutually and voluntarily agree to this method of informal resolution.
Under appropriate circumstances, the assigned Student Conduct Administrator or their designee shall retain discretion to convene a formal Conduct Panel hearing without utilizing the PCB.
5.4.2 If the Respondent elects the informal conduct process (and the Title IX Coordinator and/or their designee and the Complainant agree in Title IX cases), the assigned Student Conduct Administrator will complete the investigation interview or first meeting with the student, as appropriate.
a. If further investigation is not required to determine there is sufficient evidence to support reasonable cause to believe the Responding Student violated the Code, the assigned Student Conduct Administrator may transition the investigation interview or first meeting, as appropriate, into the informal Conduct Discussion, engaging the Responding Student in discussion about their behavior, actions, and decisions.
b. If additional investigation is still required or the Responding Student exercises their rights as outlined in 4.3, the assigned Student Conduct Administrator will take any additional steps necessary to finish investigating the reported misconduct, including conducting additional investigation interviews with the Responding Student or other witnesses.
c. If through the additional investigation, there is sufficient evidence to support reasonable cause to believe that the Responding Student violated the Code, the assigned Student Conduct Administrator will schedule and conduct the informal Conduct Discussion with the student. If there is insufficient evidence through the additional investigation to support reasonable cause to believe the Responding Student violated the Code, the Report or Complaint investigated by the Office of Institutional Equity will be closed with no further action.
5.4.3 The Responding Student may speak on their own behalf, submit a written statement, submit related documentation and evidence, and/or ask witnesses to speak to the assigned Student Conduct Administrator on the Responding Student’s behalf before the Student Conduct Administrator determines the outcome of the Report or the Complaint investigated by the Office of Institutional Equity.
5.4.4 Students are not permitted to record informal Conduct Discussions.
5.4.5 The assigned Student Conduct Administrator shall determine whether the student has violated each section of the Code in which an alleged Report or Complaint investigated by the OIE is made against the Should the student be found in violation of one or more sections of the Code, the assigned Student Conduct Administrator will determine the appropriate educational, conduct outcome(s) to be imposed against the student. When appropriate, the assigned Student Conduct Administrator may permit the participation of the Respondent and the Reporting Party/reported harmed party of the misconduct in the educational outcome determination to enhance the educational opportunities of the conduct process and help repair the harm caused by the misconduct.
5.4.6 Within three (3) days of the conclusion of the informal conduct process, the assigned Student Conduct Administrator will prepare a written outcome letter of the informal Conduct Discussion, which details the finding made by the Student Conduct Administrator, the information cited in support of their finding, any information excluded from their consideration and why, the outcome(s) to be imposed on the student, and the information cited in support of the imposed outcome(s). The written outcome letter shall be the property of the University and maintained as part of the University’s disciplinary records.