Case Review and Procedure Informal/Investigative Review Process Complaint: A complaint is made to the Conduct Administrator regarding an alleged violation of the Code of Conduct by student(s) and/or student organization. The Conduct Administrator may also investigate cases reported by police reports, media reports, and other referral sources from outside the University. The Conduct Administrator or Conduct Investigator begins a preliminary investigation into the allegations. Initial Notification: The Conduct Investigator sends an initial notification via UAH email to the student (respondent) that includes the following: Notification that an allegation of a violation of the Code of Student Conduct is being investigated, the nature of the complaint, the identity of the individual bringing the complaint (if known, and if anonymity has not been requested), and the identity of any witnesses named. A list of potential charges from the Code of Student Conduct based on the initial information, and a list of potential charges. The date, or dates, of the alleged violation(s). A link to the list of rights a respondent has in the discipline process. A request to schedule a date and time for a Conduct Review to discuss the incident. Investigation: The Conduct Administrator or Conduct Investigator, will investigate the incident and determine the facts through interviews, reports, and other evidence. Elements of the investigation may occur before, during, and after each review process or appeal proceeding. Informal Review Meeting: All respondents will be given the opportunity to be heard by an objective Conduct Reviewer in a fair process. The purpose of the Conduct Review is to inform the student of the case, the initial alleged violations, the conduct procedures under the Code of Student Conduct, discuss the incident that occurred and their role in the incident, discuss the educational components of the incident and/or actions, and to resolve the alleged violations of the Code of Student Conduct. The Conduct Reviewer or a designee will follow these steps in the Informal Review Meeting: Inform the student of the charges and ensure they are understood. Inform the student of the Code of Student Conduct procedures for processing conduct inquiries. Ensure the student has access to a copy of the Code of Student Conduct. Enter a discussion with the respondent about the details and facts surrounding the incident that occurred. The Conduct Reviewer explains the educational components involved in the incident. The Conduct Reviewer will make a decision of Responsible or Not Responsible, (the final decision may be delayed if multiple people are involved and the decision may be shared at a later time either by email correspondence or in another scheduled meeting). If the respondent is found “Not Responsible”, the Conduct Reviewer will explain that a letter will be sent to the respondent stating the finding and the case is closed, OR, If the respondent is found “Responsible”, the Conduct Reviewer will discuss an assigned action plan and/or status related to the type of violations and/or the finding. A letter will be sent outlining the finding(s), action plans and/or status, expected completion dates, and options moving forward. Findings and Action Plan and/or Status: The respondent has two options in response to the case outcome: To accept the findings and the action plan/status. If the respondent accepts the outcome of the Informal Review Meeting, the next steps are to comply with any action plan/status by the specified date and verify with the Conduct Administrator that proof has been provided that requirements are completed so the respondent’s case can be closed. OR To not accept the findings and/or action plan/status. If the respondent does not accept the findings, the respondent shall complete the request for a Formal Review Process (link included in outcome letter) within five business day of receiving the original Outcome Letter from the Conduct Administrator. Failure to complete the request within (5) business days will forfeit his/her right of Non-Acceptance. The respondent will then be held responsible for the findings in the case and completing all action plans and/or status. If the respondent accepts the findings, he/she can appeal the action plan and/or status severity (see Appeal Process section). Formal Review Process by Conduct Review Panel The Formal Review process allows the respondent to present their case to a Conduct Panel, composed of faculty and staff members who are trained on the Review process, investigation, questioning, and decisions in regards to findings, action plans, and/or status of a student in the outcome of a Review. Panel Conflict of Interest: No member of the Conduct Review Board may hear a case if the member is closely associated personally or professionally with the respondent, the reporting party, the complainant, or any other relevant party. A Conduct Board member is expected to raise the issue of stepping down whenever any potential reason for disqualification becomes known. Conduct Review Meeting Timeline: At the request of the respondent, a Formal Conduct Review Meeting will be scheduled by the Conduct Administrator. The Conduct Administrator will operate with the following timeline: Within three (3) business days of requesting a Formal Conduct Review Meeting the respondent will receive any and all evidence, including a list of witnesses that will be presented during the Formal Conduct Review Meeting. The respondent will be notified at least five (5) business days prior to the meeting with a date, time, location, and the name of the Conduct Panel Members. The respondent may not contact the panel members about this case prior to the meeting. Any action will remove the panel member from the case. Three (3) business days prior to the meeting, the respondent must submit any evidence to be considered by the panel and a list of witnesses with rationale of their participation. The respondent may assert grounds for disqualification of any particular panel member to the Conduct Administrator up until three (3) business days prior to the date of the meeting. The Conduct Administrator and Chair of the Panel have the discretion to accept or reject a request for a disqualification based on the facts presented and will issue a response in writing to the respondent. Two (2) business days prior to the meeting, the Conduct Panel will receive the Review packet from the Conduct Administrator which will include the case file, evidence submitted by the respondent, and a list of potential witnesses. Formal Review Meeting Process: The Conduct Review Panel will meet with the respondent, consider the information provided in the case, review additional information, ask questions, and make an impartial determination as to whether the respondent is “responsible” or “not responsible” for the stated charges. The following list are items which pertain to the Formal Review: The Formal Review procedures will be audio recorded and retained as official record. This will be the only recording of the review meeting. The review will be conducted by the Chair of the Review Panel. At the beginning of the proceeding, each person in the room will state his/her name and role in the review meeting, for the recording. The respondent’s advisor has no right to speak or participate directly in any aspect of the conduct process, including the hearing. The Chair will review the alleged Student Code of Conduct Violations as listed in the charge letter. Brief statement by the respondent summarizing what he/she believes the evidence will show. Presentation of evidence and witness statements by complainant, including panel questions and comments. Presentation of evidence and witness statements by respondent, including panel questions and comments. Final remarks by complainant. Final remarks by respondent. The Chair of the Panel will explain that the panel will deliberate to make a decision of responsibility and possible action plans and/or status, and the respondent will be notified within 5 business days in the form of an emailed letter. At this time the formal review is adjourned. Deliberation by the Panel is not recorded. Decision of responsibility for each violation and any recommendation of an action plan and/or status by the Panel is sent to the Conduct Administrator for processing. The findings from the Conduct Review Panel are summarized for the respondent in an Outcome Letter. This letter includes the original charges, the findings, and action plan/status of the Conduct Review Board. If the respondent fails to appear before the Conduct Review Panel the original findings of the Conduct Reviewer are upheld. The respondent is notified the decision about the findings are final and the respondent forfeits the right to have his/her case reconsidered. Except for Interim Action that may be taken by the University, conduct action plans and/or statuses are not imposed until the final resolution of the charges or until the deadline for a final appeal has passed. Findings, Action Plans and/or Status: respondent has the following options in response to the actions of the Formal Review Panel To accept the findings and the action plan and/or status. If the respondent accepts the Outcome Letter, then the next steps are for the respondent to complete any outlined action plan, status, or provide any proof of completion necessary to the Conduct Administrator, at which time the case is closed. If the respondent fails to communicate within five (5) business days, the findings and sanctions are accepted and the student forfeits the right to appeal the case further. OR To not accept the findings, action plan, or status issued by the Conduct Review Panel. Any appeal to a Conduct Panel Review finding, action plan, or status will be referred to the Dean of Students or his/her designee. The UAH Appeal process is found in the following section of the code.
