University Conduct Review Process

I. INTRODUCTION

Responsibility for student discipline is vested in the President by the Board of Trustees. To exercise this responsibility, the President established the University Conduct Council, which reports through the Vice President for Student Affairs. Upon the recommendation of the University Conduct Council and the Vice President for Student Affairs, the President has accepted the following document delineating the conduct review process for students at SMU. This document applies to all student conduct issues except for complaints involving allegations of Title IX sexual harassment or sexual assault and other disciplinary matters falling under Title IX of the Education Amendments of 1972, as amended. All Title IX student disciplinary matters are handled exclusively under SMU Policy 2.5.1, Title IX Sexual Harassment, http://smu.edu/policy/S2/policy2.5.1.html

PHILOSOPHY AND PURPOSE. A university is a complex institution. It is distinctive from anything else in society and therefore, the focus of its norms is distinctive. Further, a private university is an elite institution; admittance and attendance is a privilege granted on the assumption that the applicant who has voluntarily enrolled in the institution shares the university's values and goals and is committed to its purpose. If a student's values and goals are not consistent with those of the university, the privilege of attendance may be terminated.

The conduct review process at SMU provides a fair disciplinary procedure for an accused individual (respondent) or student group and the University and to help induce maturity and learning by erring students, while enforcing the behavior requirements deemed necessary to an academic institution. It also exists to protect the balance between the rights of the respondent and those of the University community as a whole.

SMU emphasizes learning and behavioral development. The conduct review process is not an adversarial process of antagonists striving to best one another. It is more in the nature of a community seeking to learn if error has occurred and, if so, deciding how best to act so that in the future there will be less error. Its watchwords are "serious in purpose", "considerate in process", "appropriate in response".

The conduct review process is an educational process, one that promotes growth, understanding, responsibility and accountability. The majority representation on all boards is students. The University does not allow attorneys to participate actively in any way in the University's conduct review process.

The University recognizes that some violations may be handled concurrently by the University and civil and/or criminal authorities. The criminal court process is separate and distinct from the student conduct review process, which determines only violations of the Student Code and imposes sanctions within the University community. As such, concurrent action by both processes does not constitute double jeopardy. The judgment of the Vice President for Student Affairs is the final determinant as to the University's response to any student behavior. Cases of academic dishonesty are handled under the jurisdiction of the Honor Code and the Honor Council.

A. Overview of the Discipline Process

1. Complaint is filed or report is received.

2. Notice of alleged violations is provided and an investigation ensues.

3. A hearing is scheduled if necessary and held.

4. If a respondent is found responsible for violation of policy, sanctions are issued.

5. The complainant or respondent may appeal the outcome of a conduct hearing.

Definitions:

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.

6. Investigator - The person who conducts the investigation of the complaint or incident.

7. Investigation - The process of making an institutional inquiry into a claim or allegation of action(s) which may be in violation of SMU policy, and/or applicable federal, state, or local law or ordinance. Such inquiry may include, but not be limited to: gathering information from individuals with knowledge about such claim or allegation; review of documents or other tangible information relating to the claim or allegation; review of any information already available in a public domain (i.e. postings/photographs on social media, such as Facebook; text messages; emails; webpages) or other information discovered or provided that is deemed relevant to such inquiry by SMU.

B. Rights of Complainants and Respondents

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. 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.

8. Timelines in this process may be extended by the appropriate SMU official as warranted. 9. Information as to which individuals and offices on campus are confidential resources will be posted on the University's sexual harassment/sexual assault reporting website.

C. Conduct Procedures

1. Initiation of the Conduct Review Process

a. A written formal complaint (including, but not limited to, police reports, RLSH incident reports, and personal complaints) documenting an alleged violation of policy may be filed with the University through the Office of the Dean of Student Life for up to six months from the date of the incident and/or discovery by the complainant of the alleged policy violation.

b. A University Conduct Officer may investigate the alleged violations, whether the incident occurs on or off campus.

c. If a University Conduct Officer determines that a policy may have been violated, the matter shall be resolved through a conduct hearing.

d. The University, at its discretion, may proceed with the conduct review process without a formal written complaint.

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 Vice President for Student Affairs or the Dean of Student Life may impose such sanctions as s/he deems appropriate pending a conduct hearing.

For complaints involving allegations between students, the Office of the Dean of Student Life may issue a no contact order. If it is deemed appropriate by the Office of the Dean of Student Life that a no contact order should be issued, the complainant and respondent will each receive the order. Each party will be informed by the Office of the Dean of Student Life once a no contact order has been issued to the other party.

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, in consultation with 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, or 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. Informal Resolution. A student found responsible for their first violation of the alcohol policy (where there are no other factors involved, such as but not limited to, noise, failure to comply, possession of a fictitious identification card, etc.) will have their violation handled in an informal meeting with a Conduct Officer. The student will be given an informal warning, parents will be notified and the student will be asked to follow up with their Conduct Officer. Informal resolutions are kept on file in the Office of the Dean of Student Life; they are not reported to outside agencies such as graduate schools or employers.

Students are required to maintain a current local address, telephone number, and e-mail address on file with the University Registrar at all times.

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

a. No less than four (4) days prior to the hearing, the Office of the Dean of Student Life shall provide to the complainant and the respondent a written Notification of Conduct Officer Hearing, which shall include the date, time, and location of the hearing, taking into account the class schedule of each party.

b. The Office of the Dean of Student Life shall provide the Notice of the Conduct Officer Hearing to the complainant and the respondent via:

i. email;
ii. courier; or
iii. first class U.S. Mail, postage prepaid.

For students, the Office of the Dean of Student Life shall use the email and local mailing address listed on record with the University Registrar's Office.

c. The Notice of Alleged Violation(s) and a copy of the hearing notification will be mailed to the complainant and respondent.

No less than four (4) days prior to the hearing, the Office of the Dean of Student Life shall provide to the respondent a written Notice of Alleged Violation(s), which shall include:

i. a brief description of the incident(s);
ii. date(s) of the incident(s); and
iii. the alleged violations of University policy.

d. With the written agreement of both the complainant and the respondent and at the discretion of the Conduct Officer, the Conduct Officer may waive the four days notification required for the Notice of Conduct Officer Hearing and the Notification of Alleged Violation(s).

e. When the respondent is a student organization, notice will be sent to the student organization president and the SMU faculty/staff advisor.

f. When the respondent is a fraternity or sorority, notice will be sent to the appropriate fraternity or sorority council advisor.

6. Conduct Officer Hearing Process

a. The Conduct Officer shall meet with the complainant and the respondent to discuss the complaint; at his or her discretion, the Conduct Officer may meet with the complainant and the respondent separately.

b. If either the complainant or the respondent or both do not meet with the Conduct Officer, the Conduct Officer may determine the outcome of the case with either or both parties absent.

c. The Conduct Officer may determine the outcome of the case administratively by assigning responsibility and sanctions.

d. The Conduct Officer may refer the case to a University Conduct Board if the Conduct Officer is unable to determine the outcome of the case for one or more of the following reasons:

i. the respondent denies violating the Student Code of Conduct
ii. the respondent does not accept the sanctions;
iii. the alleged violation of policy has resulted in substantial interference with proceedings of the University; or
iv. the offenses are repeated.

e. The complainant or the respondent or both may also request a hearing before a University Conduct Board and shall do so in writing to the Conduct Officer within seven (7) days of the date of the Conduct Officer Hearing.

D. Reporting of Proceedings Any publication from within the University (including The Daily Campus and other publications by students) related to a conduct hearing must abide by the following guidelines:

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.

E. Information Pertaining to Hearings Resolved in a Conduct Officer Hearing and by a University Conduct Board

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 and/or the Dean of Student Life will have the authority to permit attendance of one or more University observers at any time during the course of the hearing.

4. If a Conduct Officer hearing involves more than one respondent, the Conduct Officer, at his or her discretion, may conduct a separate hearing for each respondent.

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.

F. Procedures Specific to University Conduct Boards

The University Conduct Boards will include, but not be limited to, the following procedures:

1. Prior to the University Conduct Board hearing, the complainant and the respondent may meet separately with a Conduct Liaison. The Conduct Liaisons may attend the University Conduct Board Hearing but will not question witnesses, provide statements or speak on behalf of a student. Neither the complainant nor the respondent is obligated to meet with the Conduct Liaison.

Notice of University Conduct Board Hearing

2. Not less than four (4) days prior to the University Conduct Board hearing, the Office of the Dean of Student Life shall provide the Conduct Officer, the complainant, and the respondent a written Notice of University Conduct Board Hearing, which shall include:

a. date;
b. time; and
c. location of the hearing.

3. The Office of the Dean of Student Life shall provide the Notice of University Conduct Board Hearing to the complainant and the respondent via one or more of the following methods:

a. email;
b. courier; or
c. first class U.S. Mail, postage prepaid

If Notice is provided to a student by U.S. Mail, the Office of the Dean of Student Life shall use the local mailing address listed on file with the University Registrar's office.

Prehearing Submissions

4. The complainant (including the University in situations where the complainant does not wish to proceed on his or her own) and the respondent must attempt to provide written notification to the witnesses whom they intend to call during the University Conduct Board Hearing. Such notice shall set forth the time, place, and date of the hearing. The University shall notify members of the student community that failure to appear as a witness may result in a charge against them under Section 3.11, Failure to Comply, of the Student Code of Conduct.

5. No less than three (3) days prior to the hearing, the complainant and the respondent shall receive from the other any documents to be introduced at the hearing and a list of those witnesses whose testimony will be presented in person or by summation through a Conduct Officer, including a brief summary of the anticipated testimony.

6. No less than two (2) days prior to the hearing, the complainant and the respondent may each present to a Conduct Officer copies of all documents to be introduced at the hearing and a list of those witnesses whose testimony will be presented in person or by summation, including a brief summary of anticipated testimony.

Hearing Record

7. The Conduct Officer shall record (via audio) the University Conduct Board Hearing. At the discretion of the Office of the Dean of Student Life, arrangements may be made for a certified court reporter to transcribe the University Conduct Board Hearing. The Office of the Dean of Student Life shall store the recording and any transcript for as long as the file is kept. Deliberations of the University Conduct Board after the hearing may not be recorded or transcribed.

Decorum

8. The Chair of a Board shall maintain order for the proper conduct of the hearing.

a. When necessary, the Chair may expel disruptive individuals or adjourn the hearing to a later time to assure the full development of facts in a calm, deliberate setting.

b. The Chair shall permit the introduction of any relevant testimony and documents.

c. The Chair shall resolve any procedural issues with discretion and, if applicable, may consult with the Office of the Dean of Student Life regarding such.

d. At the discretion of the Office of the Dean of Student Life, the Chair may grant extensions of time at any point prior to the commencement of the hearing to permit reasonably sufficient time for:

i. the complainant to prepare his or her case; or
ii. the respondent to prepare his or her response; or
iii. both.

e. At the discretion of the Office of the Dean of Student Life, the Office of the Dean of Student Life may grant an extension of time to the complainant or respondent at any time to provide additional evidence to the University Conduct Board.

f. If, after the commencement of the hearing, the University Conduct Board discovers the need for more preparation or more time to hear testimony, the Chair shall recess the hearing to a later time.

g. Inability to obtain witnesses shall not justify undue delay to continue a hearing. If a witness is unable to attend the hearing in person, he or she may participate:

i. telephonically or electronically (e.g., by Skype, or video conference);
ii. by sworn, notarized statement; or
iii. through a written statement.

9. Additional witnesses and documents may be called at the discretion of the University Conduct Board.

Statements and Witnesses

10. The complainant and the respondent may present witnesses during the University Conduct Board hearing. If the University is the complainant, the Conduct Officer may present witnesses during the University Conduct Board hearing.

a. Each member of the University Conduct Board may direct questions to all witnesses.

b. Complainant and respondents will not be allowed to cross-examine each other. Parties will submit questions to the Chair. The Chair may determine the appropriateness of the submitted questions and may, at his or her discretion, decline to ask questions he or she deems inappropriate. The Chair may also ask questions at his or her discretion. All questioning by the parties will be done by the Chair of the hearing.

11. The complainant and the respondent shall each have the right to make an opening and a closing statement.

a. The complainant may give the first opening statement.

b. The respondent may give the last closing statement.

c. The complainant and the respondent may each include a statement of the impact of the alleged offense as part of a closing statement.

Deliberations of the University Conduct Board

12. After the conclusion of the hearing, the University Conduct Board shall deliberate in executive session (only Board members present during the session) to reach a decision.

a. Each member, including the Chair, may vote, and all determinations shall be by majority vote.

b. If there is a finding of responsibility, the Board shall recommend sanctions. If the respondent is found not responsible, the Board shall close the case, subject to the appeal rights set forth in Section IV. Appeals Process below.

13. Within three (3) days of the date of the conclusion of its deliberations, the Board shall provide a written report to the Office of the Dean of Student Life, which shall include:

a. findings of fact;

b. basis for finding responsibility or non-responsibility; and

c. if finding the respondent responsible, the reasons for the recommended sanction, if any.

14. Within three (3) days of the date of receipt of the Board's report, the Office of the Dean of Student Life shall notify in writing the complainant and the respondent of the Board's findings and recommended sanction, if any. If the Office of the Dean of Student Life is made aware of any possible procedural errors during this three-day period, the Office may take corrective action, including calling for a new hearing.

15. During his or her service on the University Conduct Board, each member shall maintain confidentiality of all details pertinent to a matter and of all actions related to a hearing and refrain from comment on actions or persons involved in the hearing.

G. Composition of University Conduct Boards

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

2. Whenever possible, the members from the University Conduct Board pool will be selected through a nomination process conducted by the Office of the Dean of Student Life.

H. Quorum Requirements for University Conduct Boards

1. Quorum for a Board hearing shall be four (4) members of the Board (in any combination).

2. 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 in this subsection may be waived upon written agreement of the Conduct Officer, the complainant, and the respondent.

3. Any member of a Board may recuse him- or herself voluntarily. If there is no quorum due to a member's recusal, the hearing will be delayed until an alternate member of the University Conduct Board pool can be selected.

4. 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.

5. 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; if the complainant consents, the Board may do so. Otherwise, a new hearing will be scheduled.

6. The Office of the Dean of Student Life shall appoint the Chair of the University Conduct Board.

I. University Conduct Board Membership and Training

1. The Office of the Dean of Student Life shall conduct a nomination process for students, faculty members, and staff to serve on University Conduct Boards. The Office of the Dean of Student Life shall appoint each member to serve on a specific board on a random basis, whenever possible. The Office of the Dean of Student Life shall make every attempt to ensure that Board members reflect the full diversity of the University.

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

a. conduct policies and procedures;

b. hearing board member responsibilities and ethical considerations;

c. questioning techniques; and

d. other relevant information as determined by the Office of the Dean of Student Life.

J. Member Responsibilities of University Conduct Review Process

Members of the University conduct review process (University Conduct Council, the Honor Council, University Conduct Boards, Conduct Officers) pledge themselves to the following:

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 for Student Affairs.

K. Graduate Hearing Boards

The Dedman School of Law, the Perkins School of Theology, and the Lyle School of Engineering shall each appoint, as may be necessary and appropriate, hearing boards composed of staff, faculty and graduate students to hear disciplinary misconduct cases.

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

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.

L. Interfraternity Council (IFC) Hearing Board

The Interfraternity Council shall appoint, as may be necessary and appropriate, hearing boards to hear disciplinary misconduct cases involving member chapters of the Interfraternity Council.

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

2. All disciplinary charges against undergraduate student organizations that are not members of the Interfraternity Council will be heard through this student conduct review process.

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

4. The by-laws for the Interfraternity Council Hearing Board shall be made available through the Office of Fraternity and Sorority Life.

II. ORGANIZATION OF THE CONDUCT REVIEW PROCESS

The University Conduct Council, in conjunction with the Vice President for Student Affairs, makes recommendations/amendments to the procedures of the conduct review process to the President of the University.

A. Proposals are to be made to the University Conduct Council for their recommendation, but final authority to change the conduct review process rests with the University President.

B. When the University Conduct Council receives a change, the Council is required to inform the Dean of Student Life and the Student Body President of the proposal and the details of the proposal's contents in writing. This requirement is for written notification only; approval is not required by either the Dean of Student Life or the Student Body President.

C. Students with questions regarding this process may see the Student Body Secretary or the Dean of Student Life.

D. The Vice President for Student Affairs may delegate any part or all of his/her authority from time to time, to any person or several persons, wherever he/she deems it appropriate. This person or persons is referred to as a University Conduct Officer.

E. The Vice President for Student Affairs has responsibility for establishing and maintaining the conduct review process through its various parts.

III. SANCTIONS ESTABLISHED AND DEFINED BY THE UNIVERSITY CONDUCT COUNCIL

The following sanctions may be implemented individually or in any combination by the Conduct Boards or University Conduct Officer. The President reserves the right to raise or lower sanctions imposed in the conduct review process.

A. Sanctions that indicate standing with the University:

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.

6. INFORMAL WARNING. A written notice indicating a violation of the student code of conduct that is not considered part of a student's formal disciplinary record.

B. Below is the list of additional sanctions that may be imposed:

Note: Students who fail to complete their sanctions within the allotted time period may be subject to having their registration cancelled and/or having a hold placed on their official University records, which may prohibit them from registration, reenrolling, or receiving transcripts.

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.

IV. APPEALS PROCESS

A. Requesting an Appeal

Either party shall have the right to request an appeal of the findings and /or recommendations of the Conduct Officer, or the University Conduct Board, to the University Conduct Council within four (4) days of receipt of notification of such findings and recommended sanctions by the Office of the Dean of Student Life.

In cases that involve both a complainant and a respondent, either party may 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 appeal and the basis for each. Appeals received from the complainant or respondent will be forwarded to the other party involved within one business day of the appeal being received in order to allow the other party an opportunity to provide a written response. If a request for appeal is received from both the complainant and respondent, the appeals may be forwarded to each of the parties involved to allow each party the opportunity to provide a written response.

B. Grounds for Requesting an Appeal

The University Conduct Council may grant an appeal to the complainant or the respondent or both on finding that (i) any one or more of the following circumstances exist and (ii) the mere existence of the circumstance(s) would significantly change the University Conduct Board's findings and recommended sanction, if any:

1. An erroneous findings of fact;

2. Procedural irregularities in the conduct of the hearing;

3. New and relevant evidence not known at the time of the hearing;

4. Evidence presented at the hearing that supports the finding of responsibility, but which is insufficient to support the finding; or

5. Recommendation of a sanction that is either unreasonably harsh or inadequate

C. University Conduct Council Procedures Regarding Appeals

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

a. the decision;

b. the reasons for the decision; c. the reasons for the sanctions imposed.

2. The Office of the Dean of Student Life shall provide an appeals packet to the University Conduct Council. The packet must contain the following documents:

a. the original complaint filed by the complainant;

b. the documents accepted by the University Conduct Board at its hearing;

c. the audio recording of hearing and any transcript of the hearing prepared by a certified court reporter;

d. the written request for an appeal explaining the grounds for appeal; and

e. any written response by the non-appealing party.

3. Only those members of the University Conduct Council who have participated in the training provided to University Conduct Board members shall sit as the appellate body.

D. Presentation

The University Conduct Council shall base its findings and recommendations to uphold or overturn the result of a University Conduct Board hearing on either party's written request for an appellate review, any summary of the hearing prepared by the Conduct Officer or the Chair of the University Conduct Board, and the appeal packet prepared by the Office of the Dean of Student Life for the University Conduct Council.

At its discretion, the University Conduct Council may schedule a hearing and allow oral statements. The University Conduct Council may determine the presenters and the amount of time allowed for each statement.

E. Determination of Appeal

Within fifteen (15) days of the date of the receipt of the appeal packet from the Office of the Dean of Student Life, the University Conduct Council shall recommend to the Vice President of Student Life one of the following actions:

1. Dismissal or remand of the case because there were such procedural irregularities at the hearing that one or both parties were clearly denied a fair hearing;

2. Dismissal or remand of the case to the original University Conduct Board or Conduct Officer because:

a. there were erroneous findings of fact; or

b. there were findings of fact clearly insufficient to support the complaint.

3. Lowering or increasing the sanction imposed based on a finding that the recommended sanction is either unreasonably harsh or inadequate;

4. If there is significant new information regarding the allegation(s) discovered between the conclusion of the original hearing decision and the time of the appeal, remanding the case to the original University Conduct Board or Conduct Officer.

5. Upholding the findings and recommended sanctions, if any, of the University Conduct Board.

Subject to the discretionary review by the President pursuant to Section IV. F below, the Vice President for Student Affairs shall review the recommendations of the University Conduct Council and the record of the complaint as a whole and shall then render a final determination in the matter.

Within seven (7) days of the Vice President for Student Affairs making a final determination in regard to the complaint, the Office of the Dean of Student Life shall notify the complainant, the respondent, and the Title IX Coordinator in writing (if applicable) of the final determination of the Vice President of Student Affairs.

F. Review by the President of the University

At his or her discretion, the President of the University may review decisions concerning student conduct, including findings of the University Conduct Board, the University Conduct Council, and all other conduct review bodies. Such review includes the power to take any action deemed appropriate, including reversing, amending, or remanding with instructions concerning such decisions. The President's power of review as stated in this policy is not limited in any way, and the President may act at his or her sole discretion in conducting such review and in deciding what action is appropriate.

The President shall inform in writing the complainant, the respondent, the University Conduct Board, the University Conduct Council, the Vice President for Student Affairs, and the Dean of Student Life of any decision to affirm, reverse, amend, or remand any decision.

V. THE UNIVERSITY CONDUCT COUNCIL

The University Conduct Council is the basic unit responsible for student conduct appeals in response to student disciplinary and academic dishonesty problems, and is accountable to the President of the University through the Vice President for Student Affairs. It is the recommending body to the Vice President for Student Affairs.

A. Composition

The University Conduct Council shall be composed of at least two (2) staff, two (2) faculty, three (3) students (ideally two (2) undergraduates and one (1) graduate student), and two (2) student alternates.

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.

B. Selection of Members

1. Selection of Student Members shall be accomplished in the spring each year and their appointment shall be for the succeeding academic year.

a. Students shall be limited to three (3) consecutive one-year terms, however they must reapply for membership each year.

b. Student members may not simultaneously serve on any other conduct board or in student government as an officer or student senator.

c. The Office of the Dean of Student Life will initiate contact with the Student Body President concerning selection of student members.

d. The Student Body President may nominate up to five (5) candidates to be interviewed.

e. The University Conduct Council may also nominate up to five (5) candidates.

f. The University Conduct Council and two (2) representatives, selected by the Student Body President, may interview all candidates.

g. The University Conduct Council Chair shall send recommendations to the President of the University. The President will appoint student members.

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.

a. The Faculty Senate may nominate three (3) candidates.

b. The University Conduct Council also may nominate three (3) candidates.

c. The University Conduct Council and two (2) members of the Faculty Senate may interview all candidates and the University Conduct Council Chair shall send recommendations to the President of the University.

d. The President will appoint faculty members.

e. Faculty appointments are for three (3) years and shall be staggered so members are being appointed in different years.

f. Faculty may serve for more than one (1) three-year term. Terms may not be consecutive, however, exceptions to the above may be granted by the President of the University.

3. Selection of Staff Members

a. The Office of the Dean of Student Life will initiate contact with the Vice President for Student Affairs concerning staff members.

b. The Vice President will nominate three (3) candidates to be interviewed.

c. The University Conduct Council also may nominate three (3) candidates.

d. The University Conduct Council and two (2) members selected by the Vice President for Student Affairs may interview all candidates and the University Conduct Council Chair shall send recommendations to the President of the University.

e. The President will appoint staff members.

f. Staff appointments are for three (3) years and shall be staggered so that members are being appointed in different years.

g. Members replacing staff leaving before their term is over will be appointed for the balance of a term.

h. Staff may serve for more than one (1) three-year term. Terms may not be consecutive, however, exceptions to the above may be granted by the President of the University.

C. Constitutional questions concerning the Student Senate, which is governed by the Student Body Constitution, may be resolved by the University Conduct Council.

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.

VI. RECORDS

The following policies concerning records and the release of information are in compliance with the Family Educational Rights and Privacy Act of 1974 (The Buckley Amendment).

A. Records in the Office of the Dean of Student Life shall contain all information; data, correspondence, findings, and records of official action concerning student discipline.

B. A disciplinary sanction will remain on file in the Office of the Dean of Student Life until it is erased three (3) years from the date of the final resolution of the last disciplinary proceeding. However, sanctions resulting in suspension or greater will remain in the Office of the Dean of Student Life indefinitely and may be released as appropriate under the law when questions related to disciplinary actions are asked.

C. Beginning their senior year, a student may request, through a written petition, to have their conduct file(s) expunged by the Dean of Student Life for good cause. Factors to be considered in review of such petitions shall include:

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.

There is no appeal of the decision made by the Dean of Student Life in response to an expungement request.

Last revision - 18 February 2013

 

 
The Office of the Dean of Student Life is a department in the Division of Student Affairs.