1. Respondent - Student or student group who has allegedly violated policy.

2. Complainant - Person(s) or entity making a complaint or referral regarding a student or student group who allegedly violated policy.

3. University Conduct Officer - A University staff member trained in the conduct review process.

4. FERPA - The Family Educational Rights and Privacy Act. The privacy and confidentiality of all student records shall be preserved in accordance with the Family Educational Rights and Privacy Act of 1974 as amended.

5. Conduct Liaison - A University faculty or staff member trained in the conduct review process. Both respondents and complainants will have an opportunity to meet with a Conduct Liaison regarding questions on the conduct review process.

1. Complainants and respondents involved in a conduct hearing will each be offered the opportunity to consult with a Conduct Liaison(s) provided by the Student Conduct and Community Standards Office. The Conduct Liaison(s) will remain in a neutral role throughout the process.

2. Respondents and complainants may have two people serve as support persons during the conduct hearing. Such persons are for silent moral support.

3. Respondents may remain silent, before, during, and after the hearing and may make a statement explaining the reasons for remaining silent.

4. Respondents and complainants may challenge any member serving on a University Conduct Board on grounds of prejudice or bias.

5. Complainants and respondents may remain present during the conduct hearing process.

6. If living on campus, students involved in a conduct matter who live near or with each other may request to have living arrangements modified pending the outcome of the hearing.

7. If the incident involves an alleged sexual assault or sexual misconduct, sexual history is irrelevant and should not be discussed during the hearing.

8. A University Conduct Officer and/or University Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Dean of Student Life to be appropriate.

1. Initiation of the Conduct Review Process

2. Action Pending a Conduct Hearing If student or student group behavior presents an on-going threat of disruption to the community or is a danger to the safety of the student or others, the Dean of Student Life may impose such sanctions as s/he deems appropriate pending a conduct hearing.

3. Mandatory Administrative Withdrawal If student behavior presents an on-going threat of disruption to the community or is a danger to the safety of the student or others to such a degree that resolution through the University Conduct Review Process is not possible, the Dean of Student Life may, with the consultation of the Vice President for Student Affairs, mandate an immediate withdrawal of the student from the University. Such mandatory withdrawal may include, but is not limited to: withdrawal from academic classes, removal from any university-owned housing, suspension from participation in any University activity. The Dean of Student Life may impose conditions and/or a time period for the withdrawal and the student may not return to the University until all such conditions and expiration of the time period are met.

4. Notice of Alleged Violation(s) and Conduct Hearing Notification

5. Conduct Hearing Process

1. The privacy and confidentiality of all student records shall be preserved in accordance with the Family Educational Rights and Privacy Act of 1974 as amended.

2. Should the respondent and/or responsible party (parties) make public statements or declarations regarding a conduct hearing, this action may free the University to comment on any such statements and/or the matter being discussed.

1. The standard of proof in all conduct hearings is the greater weight of the credible evidence.

2. Neither the respondent nor the complainant may be actively represented by an attorney at any hearing or at any other time throughout the hearing process. Parents or family members who are attorneys may not be present in a lawyer capacity.

3. All conduct hearings shall be closed to the general public. University staff in training may attend hearings. The Vice President for Student Affairs will have the authority to permit attendance of one or more University observers at any time during the course of the hearing.

4. In hearings involving more than one respondent, a Conduct Officer, at his or her discretion, may permit the hearings concerning each respondent to be conducted separately.

5. Any change in the allegation against a respondent shall be regarded as a new complaint subject to the conduct review process.

6. The hearing will be held even if the respondent fails to attend. As necessary, hearings and appeals will go forward during summer through procedures to be determined by the Vice President for Student Affairs.

1. University Conduct Board proceedings may be recorded (audio) by a University Conduct Officer from the Dean of Student Life Office.

2. The Chair of a board shall maintain order for the proper conduct of the hearing.

3. The University will attempt to notify, in writing, witnesses to be called by the University.

4. A minimum of three (3) calendar days (excluding school holidays) prior to the hearing, the respondent will be given a list of those witnesses and any documents whose testimony will be presented in person or by summation through a University Conduct Officer and a brief summary of the anticipated testimony.

5. The respondent shall present to a University Conduct Officer a list of witnesses (including a brief description of the anticipated testimony) and a copy of all documents to be submitted to the board a minimum of two (2) calendar days (excluding school holidays) prior to the hearing, so that copies may be made for the board.

6. Additional witnesses and documents may be called at the discretion of the hearing board.

7. A University Conduct Officer, the complainant, and the respondent may present witnesses and direct questions to all witnesses.

8. Each party in the case will have the right to make an opening and closing statement.

9. Once the hearing has concluded, the board will deliberate in executive session (i.e., board members only) to reach a decision.

10. The board’s decision will be presented in writing within three (3) calendar days (excluding school holidays) to the Office of the Dean of Student Life and will include findings of fact, responsibility or non-responsibility and the rationale for the findings.

11. The Office of the Dean of Student Life will notify the respondent of the board’s decision within three (3) calendar days (excluding school holidays).

1. Boards are composed of three (3) students, one (1) faculty member, and one (1) staff member.

2. Whenever possible, members from the University Conduct Board pool will be selected to serve on a random basis.

3. Any member of a board may withdraw voluntarily. If there is no quorum and a member is excluded, the hearing will be delayed until an alternate member of the University Conduct Board pool can be selected.

1. Four (4) members of the board (any combination) shall be present throughout the hearing. If less than the required number is present at the opening of the hearing, the hearing shall be postponed until four (4) members can be convened. These requirements may be waived in writing upon agreement of all parties.

2. Once the hearing has commenced, if a board member should need to withdraw for a period of less than thirty (30) calendar days (excluding school holidays), the hearing shall recess until all members can be present.

3. Once the hearing has commenced, if a board member should need to withdraw for a period of more than thirty (30) calendar days (excluding school holidays) or permanently, the respondent may request that the hearing continue with the remaining hearing board members and it may do so if the complainant agrees. Otherwise, a new hearing will be scheduled.

1. A minimum of nine (9) students for University Conduct Boards shall be selected through an application and interview process conducted by the Dean of Student Life Office.

2. A minimum of three (3) faculty members and three (3) staff members to serve on the boards shall be selected through a nomination process conducted by the Dean of Student Life Office.

3. All board members will be appointed to serve on a specific board on a random basis, whenever possible.

4. Every attempt will be made to ensure that board members reflect the full diversity of the University.

5. Board members will receive training in, but not limited to:

6. Staff, Faculty, or students may serve as the Chair if they have attended the required training provided by the Student Conduct and Community Standards Office.

1. To ensure that the policies of the University are maintained by conducting a fair hearing of violations of rules and policies of the University;

2. To provide an appropriate response and, as needed, sanction persons found responsible for violations of University regulations and policies;

3. To maintain impartiality about the matter and/or person or group under consideration, and when unable to do so, readily withdraw from the consideration of that matter;

4. To act not as an advocate for the students nor for the University, but to consider equally the needs of individual students, student groups, and the needs of the University community as a whole;

5. To maintain confidentiality of all details pertinent to a matter and of all actions related to a hearing and to refrain from comment on actions or persons involved in a conduct hearing;

6. To participate in training sessions and meetings;

7. To report to the Office of the Dean of Student Life if approached by persons in an attempt to influence a conduct decision.

8. To inform the Office of the Dean of Student Life and submit a letter of resignation if members find they are unable to meet the requirements of the conduct review process.

9. To adhere to all provisions of the conduct review process and the Student Code of Conduct. Members of the University Conduct Council, the Honor Council, or University Conduct Boards found to be responsible for violating the Student Code of Conduct or convicted of a criminal offense will be suspended from serving as a member of the conduct review process by the Vice President of Student Affairs.

1. The rosters of persons appointed to these boards shall be made available, as needed, to the Dean of Student Life Office.

2. All disciplinary charges against graduate students not enrolled in the Dedman School of Law, the Perkins School of Theology, or the School of Engineering will be heard through this student conduct review process.

3. As with all other hearing boards, the result of a graduate hearing board, under this process, may be appealed to the University Conduct Council appellate body.

4. Academic dishonesty cases concerning graduate students at the Cox School of Business, the Dedman School of Law, and the Perkins School of Theology are handled separately through processes established at each of those schools.

1. EXPULSION An individual or group will be separated from the University on a permanent basis. An individual’s expulsion will be permanently recorded on his/her academic transcript. Before this sanction is enforced, the President of the University will review it. A student expelled from the University may not enter campus grounds for any reason without the express written permission from the Office of the Dean of Student Life. A student expelled from the University will not receive a refund of any monies paid, including tuition, fees, and room and board.

2. SUSPENSION An individual or group will be dismissed from the University for an assigned time period, and under the conditions deemed necessary by the conduct review process. A student suspended from the University may not enter campus grounds for any reason during the period of her/his suspension without the express written permission from the Office of the Dean of Student Life. A student suspended from the University before an academic semester ends will not receive a refund of any monies paid, including tuition, fees, and room and board. No academic credit earned during the period of suspension at any other institution may be transferred to SMU. A disciplinary suspension and its effective dates are recorded on a student’s academic transcript. The notation remains for the time the student is enrolled in the University and is removed three (3) years after graduation. If the student leaves the University before graduation, the notation is removed three (3) years after the anticipated date of graduation from the University.

3. DEFERRED SUSPENSION Individual or group suspension may be deferred (not enforced). Deferred terms, i.e., conditions of the deferred suspension and its duration, will be set by the Conduct Officer or Conduct Board which imposed the sanction. If a succeeding Conduct Officer or Conduct Board finds the student responsible for violating the terms of deferred suspension during the period set up by the preceding Conduct Officer or Conduct Board, the student may be suspended.

4. DISCIPLINARY PROBATION A student or group is given a warning that further violations will result in consideration of suspension. The student or a group representative may be required to report to a University Conduct Officer on a regular basis during the period of the probation.

5. CONDUCT REPRIMAND The individual or group will be given formal notice by the Conduct Board or the Conduct Officer that they have violated the Student Code of Conduct or University policy. If the individual or group is found in violation of a further charge, that case will be considered more seriously.

1. REASSIGNMENT OF HOUSING LOCATION/CANCELLATION OF THE HOUSING CONTRACT A student removed from the residence halls for an assigned time period or expelled from the residence halls on a permanent basis may not enter any residence hall without the express written permission from the Office of Residence Life and Student Housing. A student who is reassigned to a residence hall due to disciplinary action may only enter the newly assigned residence hall. The reassigned student may not enter any other residence hall without the express written permission from the Office of Residence Life and Student Housing. If the student’s housing contract is still in force at the time of the suspension or expulsion, no refund of the housing deposit or fee will be made.

2. RESIDENCE HALL PROBATION Student is advised that additional violations on or off campus could result in having to move to another room or hall or being removed from housing.

3. FINES An individual may be fined any amount determined to be appropriate by the Conduct Officer. An organization can be fined any amount commensurate with the severity of the offense. Fines resulting from an alcohol policy violation will be a minimum of $100 and fines resulting from a drug policy violation will be $500.

4. DISQUALIFICATION FROM HOLDING OFFICIAL STUDENT POSITIONS OR PARTICIPATING IN UNIVERSITY ACTIVITIES An individual or group sanctioned will be restricted from either representing the University in an intercollegiate activity, or from participation/representation in any University activity or organization.

5. RESTITUTION An individual or group will be required to pay for damages to the person or institution for property destroyed.

6. NOTIFICATION OF PARENTS / NATIONAL ORGANIZATIONS / AUTHORIZING BODY Students found responsible for a violation of the Student Code of Conduct may be required to inform their parents of their involvement in the policy violation, or the University may notify the parents directly of a violation, as allowed under the Family Educational Rights and Privacy Act (1974). The Office of the Dean of Student Life may notify a group’s national organization or the appropriate university authorizing body of the group’s involvement in the policy violation.

7. SUSPENSION OF PRIVILEGES An individual or group will lose privileges that allow participation in specific activities, use specific facilities, or exercise specific privileges.

8. DISCIPLINARY VIOLATION (DV) TRANSCRIPT RECORD If the nature of the offense so warrants, the Conduct Board will record an individual’s violation on his/her academic transcript. The notation will remain for the time he/she is enrolled at the University and for three (3) years following his/her graduation. If the student leaves the University before graduation, the notation is removed three (3) years after the anticipated date of graduation from the University.

9. EDUCATIONAL SANCTIONS The objective of this sanction is education and rehabilitation. Sanctions selected will be commensurate with the offense.

10. REFERRALS TO OTHER OFFICES Students may be required to contact other offices on campus including, but not limited to, the Center for Alcohol Education and Drug Abuse Prevention.

11. DRUG TESTING Students may be subject to random on-going drug testing. The number of tests/dates will be determined by the Dean of Student Life office and the Center for Drug and Alcohol Abuse Prevention. The fee for drug testing will be covered by the fine charged at the time of adjudication. Any missed test, diluted test or positive test may result in immediate suspension.

12. NO CONTACT ORDER Students may be informed that they should have no contact with another student.

1. Such written request must be received in the Office of the Dean of Student Life within four (4) calendar days (excluding school holidays) from date student was notified of the findings.

2. Respondents may request an appeal on the following grounds:

1. At the conclusion of each hearing, the Conduct Officer or Conduct Board chair will submit the following information to the Office of the Dean of Student Life:

2. The respondent must file a written request to appeal with the Office of the Dean of Student Life. The request to appeal must include the ground(s) for the appeal and the basis for each.

3. The appeals packet consisting of the above statements and documents, including the hearing board audio recording (if applicable) and a copy of the original incident report or charge will be prepared for the University Conduct Council.

4. A quorum of the University Conduct Council, which has participated in the training provided to all University Conduct Board members, shall sit as the appellate body. In no case may a member of the University Conduct Council sit to hear the appeal if he/she has not completed this training.

1. In an appellate review, the University Conduct Council may, solely at its discretion, allow oral statements.

2. The presenters and the amount of time allowed for each statement will be determined by the University Conduct Council.

1. DISMISS the case because there were such procedural irregularities at the hearing that the respondent was clearly denied a fair hearing.

2. DISMISS OR REMAND the case to the original Conduct Board or Conduct Officer because:

3. LOWER the sanctions imposed based on a finding that the sanctions are unreasonably harsh.

4. REMAND the case to the original Conduct Board or Conduct Officer if there is significant new evidence that was discovered between the time of the original hearing decision and the time of the appeal.

5. UPHOLD the result of the hearing.

1. All seven (7) members may serve on any appellate board, but an official quorum for an appeal consists of a minimum of four (4) members, which includes at least one (1) faculty member, one (1) student member, and one (1) staff member.

2. An official quorum for an Honor Council appeal consists of a minimum of five (5) members, which includes at least two (2) faculty members, two (2) student members and one (1) staff member (see the Honor Code of SMU, Article VI, Section 3).

3. Student alternates may participate in all regularly scheduled meetings, but will not have voting rights as members of an appellate board, unless serving as designated substitutes for student members who are unable to serve.

4. The chairperson of the University Conduct Council, who is a voting member of an appellate board, shall be elected by the members of the University Conduct Council from among the faculty and staff members of University Conduct Council.

5. A vice chairperson of the University Conduct Council shall also be elected each year by University Conduct Council.

6. The University Conduct Council serves as a board of final appeal for appeals originating from University Conduct Boards, Honor Council hearings and Conduct Hearings, except when a sanction of expulsion is assigned (see section III A. 1.). Honor Council appeal procedures are set forth in Article VI of the Honor Code.

1. SELECTION OF STUDENT MEMBERS shall be accomplished in the spring each year and their appointment shall be for the succeeding academic year.

2. SELECTION OF FACULTY MEMBERS The Office of the Dean of Student Life will initiate contact with the Faculty Senate concerning selection of faculty members.

3. SELECTION OF STAFF MEMBERS

1. Such questions must be brought as a written petition to the council for consideration.

2. If the University Conduct Council agrees to consider the petition, it will meet as an appellate board at which both sides will be represented and a binding decision will be rendered.

3. The University Conduct Council may allow oral presentations concerning constitutional questions.

4. Petitions for such a hearing may originate from any Student Body Officer or Student Senator.

5. Also, any student with the signatures and student identification numbers of five percent of the currently enrolled full-time and part-time students, may petition for a hearing.

6. All such constitutional questions must first be submitted to the Executive Committee of the Student Senate, which will review the appeal or dispute as outlined in Article X of the Student Senate By-laws.

1. The present demeanor of the student.

2. The conduct of a student subsequent to the violation.

3. The nature of the violation and the severity of any damage, injury, or harm resulting from it.