Student Conduct and Resolution Process

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A. Introduction

The Office of Student Conduct & Resolution serves to assist students who are affected by an incident as well as those who are allegedly responsible for an incident. The Office of Residential Life and Public Safety also work in cooperation with this office to report incidents and assist in the process.

SUA is committed to a fundamentally fair conduct process. The University’s approach is intended to be an educational process, not a legal process, and all proceedings are informal. Our process respects the rights of all parties involved, provides an appeals process, and our end goal focuses on fostering student development and character.

However, students should be aware that they could be held accountable to both civil and criminal authorities as well as to the University for violating a state and/or federal law that also violates the Code of Conduct. The Student Conduct & Resolution Process affords each student to undergo a process which is based on a standard of proof (an amount of information needed to establish a violation of policy) known as the preponderance of evidence. To clarify, this standard of proof is used by most higher education institutions in the U.S. and is different from the standard of proof used in a criminal legal system (proof beyond reasonable doubt).

Preponderance of evidence means “it is more likely than not” that this individual or group violated the SUA Student Code of Conduct.

B. Student Expectation

All students going through the Student Conduct & Resolution process are expected to cooperate fully and demonstrate honesty throughout each phase of the process. This expectation is based on SUA’s mission “to foster a steady stream of global citizens committed to living a contributive life.” Living out our mission is a direct call to character; that our students realize that actually living out this mission will require the development of character through all circumstances experienced here at SUA. If a student chooses not to cooperate in any part of the process, the Office of Student Conduct & Resolution/Dean of Students will continue with deciding an outcome based on all of the pertinent information gathered.

C. Retaliation

Any attempt to penalize, intimidate, or retaliate in any way against a person who makes a report or who is otherwise involved in a report or in the Student Conduct & Resolution process for alleged violation(s) of the Student Code of Conduct is strictly prohibited. Any person who believes that they have been retaliated against for making a complaint/ report or participating in the Student Conduct & Resolution process should immediately contact the Office of Student Conduct & Resolution. Any person who retaliates against a person for participating in the Student Conduct & Resolution process is in violation and is subject to serious disciplinary action.

D. Our Educational Process

The Student Conduct & Resolution process is initiated when a report of an alleged violation of the Code of Conduct is made to an SUA staff member (ex: Dean of Students, Residential Life Coordinator, Resident Assistant, Professor, etc.) which is forwarded to the Office of Student Conduct & Resolution. This report in the form of an Incident Statement will then be reviewed by the Office of Student Conduct & Resolution to determine if the nature of the incident warrants proceeding with the Conduct & Resolution process. The educational process is standard for all violations of the Student Code of Conduct. Additional details regarding the process for cases involving allegations of sexual misconduct can be found in the Equal Opportunity, Harassment, and Nondiscrimination Policy. Note that the Dean of Students or the Dean’s designee may intervene in the process at any time during any case if needed.

  1. Request to Meet. Once it is determined that the incident relates to the Student Code of Conduct, the first step of our educational process is a preliminary fact-finding. The Office of Student Conduct & Resolution will contact the student(s) involved in the report to meet and discuss the incident to determine if there is sufficient information to hold the student(s) responsible for a violation.

    In the request to meet, the student will be informed of the incident and which section of the Code of Conduct may have been violated. The request to meet will be sent to the Reporting Party, Responding Party, and any witnesses.
     
  2. Fact Finding. The Office of Student Conduct & Resolution will conduct the process based upon the facts and circumstances reported to the Office through interviews and follow-up interviews as feasible and appropriate with the Reporting Party, the Responding Party, any witnesses, and other SUA community members. In addition, other pertinent evidentiary materials will be gathered to the extent reasonable and appropriate.
     
  3. Analysis of Facts. All information gathered will be analyzed and considered, collectively. Facts will be analyzed based on direct or indirect corroboration, inherent plausibility, and credibility.
     
  4. Outcome. If, after analyzing the facts, the Office of Student Conduct & Resolution decides that there is inadequate information to hold the student(s) responsible, the complaint will be dropped and no further action taken. Student(s) will be informed of this outcome in writing.

    However, if there is adequate information to support the complaint, and a student(s) is held responsible for violating the Student Code of Conduct, appropriate sanctions and resolutions will be applied by the Office of Student Conduct & Resolution. In cases regarding a violation of the Equal Opportunity, Harassment, and Non-discrimination Policy, Soka will designate a decision-maker who was not involved in the investigation. Once sanctions and resolutions are approved, The student will be informed of the outcome and sanctions in writing.

    Students should be made aware that being found responsible for violations of the Code of Conduct could lead to suspension or expulsion. The University will not tolerate students who act to endanger others, repeat any inappropriate behavior, or interfere with the educational process and operation of the University.

E. Sanctions

Sanctions applied are intended as reminders for students of their accountability for their actions. Sanctions may have an educational component to specifically curtail behavior that is in violation of the Code of Conduct. Sanctions will not generally be imposed unless considerations of all of the circumstances in a particular case have been made. The guidelines for determining sanctions are based on previous disciplinary records, the nature of the incident and the details surrounding the incident. A number of considerations are made in assigning a sanction.

One or more of the following sanctions may be imposed if held responsible for violations:

  • Warnings (verbal and/or written)
  • Community Service or Special Assignment
  • Educational Assignment
  • Monetary Fines
  • Parental Notification in the case of alcohol and/or controlled substance abuse will be as follows:
    • Notification will be sent for those students under the age of 21 for a 2nd violation of the SUA Campus Alcohol policy
    • Notification will be sent for those students under the age of 21 for a 2nd violation of the SUA Campus Marijuana Policy
    • Notification will be sent following the 1st violation of the SUA Campus Illegal Drug policy (excluding marijuana)
  • Exclusion from specific campus privileges
  • Probation
  • Suspension: The Dean of Students or the Dean’s designee may suspend a student from the University for an interim period pending disciplinary and/or criminal proceedings, or medical evaluation. The interim suspension shall become immediately effective without prior notice whenever there is evidence that the continued presence of the student at the University poses a substantial and/or immediate threat to others, or to the stability and continuance of normal University functions.
  • Expulsion: The University reserves the rights to disqualify, discontinue, exclude, or involuntarily withdraw any student from the University at the discretion of the Dean of Students as deemed necessary based on the violation.

Other restrictions may be imposed at the discretion of the Office of Student Conduct & Resolution or the Director of Student Services.