Resolution of a Pending Conduct Case

Student Organizations

1. Undergraduate Students
   1. Case Intake Meeting
      1. A student will be expected to complete a case intake meeting within five business days of the date on which the notice announcing the initiation of the conduct case was sent.
      2. During the case intake meeting, a case intake manager will review information in the student's disciplinary file (including prior cases, if any) and explain options available within the student conduct process. Recommended sanctions, to be applied if the charged student is responsible for the violation(s), will also be discussed. The student is encouraged to ask questions and may provide additional information (such as written documents, photographs, audio/video files, etc.) to be added to the student’s disciplinary file, which will then become a permanent part of that file. Case intake meetings may not be recorded.
      3. At the conclusion of the case intake meeting, the student will choose one of the following options:
         1. Accept responsibility for violating the Code of Conduct and accept the sanctions discussed in the case intake meeting. A student who accepts responsibility and accepts the recommended sanctions waives the right to both a case resolution conference and an appeal.
         2. Accept responsibility for violating the Code of Conduct but reject certain recommended sanctions as inappropriate or unreasonable. A student who accepts responsibility for violating the Code of Conduct but rejects the recommended sanctions waives the right to a case resolution conference but retains the right of appeal only through an Appeal of Sanctions.
         3. Deny responsibility for violating the Code of Conduct and request a case resolution conference. A student who denies responsibility for violating the Code of Conduct retains the right to both a case resolution conference and appeal.
      4. A student who chooses not to attend a case intake meeting will be found responsible based on input only from the reporting party. Sanctions will be applied without the student’s input. The student will be notified of the outcome, including the sanctions applied. The student will retain the right to appeal.
   2. Case resolution conference
      1. The reporting party, all co-charged students who also requested a case resolution conference, the case resolution manager, the student conduct advisor (if any) and a Community Standards & Conflict Resolution designee (if any), shall be present for the entirety of the case resolution conference.
      2. Witnesses
         1. Only direct witnesses (those having factual information pertinent to the pending case) will be permitted. Character witnesses will not be permitted.
         2. A witness may only be present during the time the witness presents information.
         3. Any witness may be recalled at any time during the case resolution conference.
      3. The case resolution conference shall be closed to all other parties.
      4. All parties are expected to act in a professional and civil manner. If the reporting party causes a disruption, the reporting party will be removed, the case resolution conference will end and all charge(s) will be dropped. If the charged student causes a disruption, the charged student (and a student conduct advisor, if any) will be removed and the case resolution conference will continue in the student's absence. If any witness or victim causes a disruption, the witness or victim will be removed and the case resolution conference will continue in their absence.
      5. The reporting party must attend the case resolution conference unless an appropriate designee has been approved by Community Standards & Conflict Resolution. In certain situations, the reporting party may be accompanied by a student conduct advisor or co-reporting party.
      6. The reporting party shall present information regarding the incident they observed and reported and may present witnesses to support the case. The case resolution manager may question the reporting party and the reporting party's witnesses. The charged student, with the assistance of a student conduct advisor (if any), will then have the opportunity to question the reporting party and any of the reporting party’s witnesses.
      7. The charged student may, with the assistance of a student conduct advisor (if any), present information regarding the reported incident. This response may include factual information (such as written documents, photographs, audio/video files, etc.), which will become a permanent part of the conduct file. Information pertaining to character or authorities outside the University may not be presented. Direct witnesses may also be presented. The case resolution manager may question the charged student and the charged student’s witnesses. The reporting party will then have the opportunity to question the charged student and witnesses.
      8. The reporting party and the charged student may, in that order, present concluding remarks. The case resolution manager will then close the case resolution conference.
      9. The case resolution manager may exclude any information that is irrelevant or redundant to the allegations.
      10. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.
      11. If the case resolution manager finds the charged student responsible for violating some or all of the policies alleged to have been violated, information shared during the case resolution conference as well as information concerning the charged student’s past conduct record (including student conduct process actions, housing policy violations, civil or criminal court convictions, and any other information deemed relevant by the case resolution manager) may be considered in determining the appropriate sanctions. The case resolution manager may also consult with Community Standards & Conflict Resolution staff to ensure appropriateness and reasonableness of the sanctions. The case resolution manager may apply different sanctions (either less or more stringent) than the recommended sanctions discussed in the case intake meeting.
      12. The case resolution conference will be recorded by a Community Standards & Conflict Resolution designee, for review and appeal purposes. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the case resolution conference, unless expressly permitted by the case resolution manager. To protect student confidentiality and the integrity of its process, the University does not provide copies of these recordings. However, to aid in the preparation of an appeal, a student may listen to the recording in the presence of Community Standards & Conflict Resolution staff or a student conduct advisor. No copies or recordings of any kind may be made by the student or student conduct advisor. Recordings will be destroyed once the case has concluded.
      13. Within five business days of the case resolution conference, the decision of the case resolution manager will be sent to the student’s University email account and will include:
          1. The case resolution manager’s findings and rationale;
          2. The sanctions applied by the case resolution manager (if any); and
          3. The appeal process.
      14. Notice of decision, sanctions and appeal process will also be sent to the reporting party. Any victim will be notified of any outcome or sanction that affects the victim.
      15. All information pertinent to the case, including a copy of the case resolution manager’s decision and any appeal materials (if applicable), will be maintained in accordance with the Retention and Release of Records, as defined in Section X.
   3. Appeals
      1. Appeal of Sanctions
         1. The charged student must submit an Appeal of Sanctions within five business days after completing the case intake meeting. Should the charged student fail to submit this appeal within five business days, the proposed sanctions shared in the case intake meeting will be applied, no appeal will be considered and the case will be closed.
         2. Only the following sanctions may be addressed:
            1. Academic penalty;
            2. Deferred suspension from University Housing;
            3. Deferred suspension from the University;
            4. Suspension from University Housing;
            5. Suspension from the University; or
            6. Expulsion from the University
         3. The Appeal of Sanctions
            1. Must explain why the proposed sanctions are inappropriate or unreasonable. The appeal may include what sanctions the charged student feels are appropriate;
            2. Shall be prepared by the charged student with the assistance of a student conduct advisor;
            3. Must be computer printed and is limited to three double-spaced pages with one-inch margins and a 12-point font; and
            4. Shall not include discussion of sanctions other than those listed above nor shall it include information disputing the charge(s), describing the student’s character, or citing authorities outside the University.
         4. If the above criteria are not met, Community Standards & Conflict Resolution may reject the appeal or allow the student to amend the appeal to meet criteria.
         5. Upon receipt of the Appeal of Sanctions, a copy will be sent to the reporting party and any other party deemed appropriate by the University, including the victim (if applicable). These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, within five business days of the date on which the appeal was sent. If the above criteria are not met, Community Standards & Conflict Resolution may reject the appeal or allow the person who submitted the response to amend the response to meet criteria
         6. The student’s appeal and responses from all appropriate parties will be reviewed by Community Standards & Conflict Resolution and, if appropriate, then reviewed in a closed meeting by an Appellate Board panel.
         7. In addition to the student’s appeal and all responses, the Appellate Board panel may review all other documentation contained in the student’s conduct file. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit of a student’s appeal or any response may be disregarded.
         8. The Appellate Board, by majority vote, may decide to
            1. Deny the Appeal of Sanctions and apply the recommended sanctions; or
            2. Grant the Appeal of Sanctions and reduce or otherwise limit the recommended sanctions. A reduction in penalty or duration may be accompanied by the inclusion of educational interventions or a fee.
         9. The decision, rationale and all sanctions applied will be sent to the student, reporting party and any other appropriate party who responded to the appeal. The victim (if any) will receive notice of the decision and any sanction which affects them.
         10. The Appellate Board’s decision is final.
      2. Appeal of Decision
         1. The charged student may submit an appeal within five business days of the date on which the decision was sent.
         2. The appeal must allege one or more of the following:
            1. The decision is contrary to information available at the time the decision was made;
            2. The decision is contrary to new information not known at the time the decision was made;
            3. Procedures were not followed during the process; or
            4. One or more of the sanctions applied are inappropriate or unreasonable. Only the following sanctions may be addressed:
               1. Academic penalty;
               2. Deferred suspension from University Housing;
               3. Deferred suspension from the University;
               4. Suspension from University Housing;
               5. Suspension from the University; or
               6. Expulsion from the University
         3. The appeal
            1. Must clearly cite one or more of the reasons above. The failure of the University to adhere to notice requirements or time periods shall not be grounds for appeal unless such failure significantly impacted the charged student;
            2. Shall be prepared by the student with the assistance of a student conduct advisor;
            3. Must be computer printed and is limited to three double-spaced pages with one-inch margins and a 12-point font; and
            4. Shall not include discussion of sanctions other than those listed above, nor shall it include information describing the student’s character or citing authorities outside the University.
         4. If the above criteria are not met, Community Standards & Conflict Resolution may reject the appeal or allow the student to amend the appeal to meet criteria
         5. The reporting party, the case resolution manager and any other party deemed appropriate by the University, including any victim, will be sent the student’s appeal. These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to Community Standards & Conflict Resolution within five business days of the date on which the appeal was sent. If the above criteria are not met, Community Standards & Conflict Resolution may reject the response or allow a resubmission that meets criteria.
         6. The charged student’s appeal and responses received from all appropriate parties will be reviewed by Community Standards & Conflict Resolution and, if appropriate, then reviewed in a closed meeting by an Appellate Board panel.
         7. In addition to the student’s appeal and all responses, the Appellate Board may review all other documentation contained in the student’s conduct file. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit of a student’s appeal or any response may be disregarded.
         8. The Appellate Board, by majority vote, may decide to:
            1. Deny the appeal;
            2. Grant the appeal, and reduce or otherwise limit the sanctions applied. A reduction in penalty or duration may be accompanied by the inclusion of educational interventions or a fee;
            3. Delay a final review of the appeal to receive additional information regarding specific issues raised in the appeal. Additional information may be solicited from the charged student, reporting party, case resolution manager, any relevant witnesses or any other appropriate party;
            4. Direct Community Standards & Conflict Resolution to provide a new case resolution conference conducted by the Appellate Board, if it is determined the decision is contrary to information available when the decision was made or contrary to new information not available at the time the decision was made; or
            5. Allow the student to have the case handled beginning at any specific stage of the student conduct process, if it is determined procedures were not followed.
         9. The student, reporting party and case resolution manager will receive notice of the decision. The victim (if any) will receive notice of the decision and any sanction which affects the victim.
         10. The Appellate Board’s decision, except any decision reached as the result of a second case resolution conference initiated due to procedural error, is final.
         11. A decision reached as a result of a second resolution conference initiated as a result of a due process violation will be subject to all appeal options as described above.
      3. Appeal Initiated by Victim
         1. A victim (as defined in Section IV.B) may submit an appeal to Community Standards & Conflict Resolution in writing within five business days of the date on which the decision was sent.
         2. The appeal may only allege that a violation of victim’s rights (as defined in Section IV.B) occurred;
         3. The appeal
            1. Shall be prepared by the victim with the assistance of a student conduct advisor only;
            2. Must be computer-printed and shall be limited to three double-spaced pages with one-inch margins and a 12-point font; and
            3. Shall not include information describing the student’s character or citing authorities outside the University.
         4. If the above criteria are not met, Community Standards & Conflict Resolution may reject the appeal or allow the victim to amend the appeal to meet criteria
         5. Upon receipt of the appeal, a copy will be sent to the reporting party, the charged student, the case resolution manager, and any other party deemed appropriate by the University. These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to Community Standards & Conflict Resolution within five business days of the date on which the appeal was sent. If the above criteria are not met, Community Standards & Conflict Resolution may reject the response or allow a resubmission that meets criteria.
         6. In addition to the victim’s appeal and all responses, the Appellate Board may review all other documentation contained in the charged student’s conduct file. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit of an appeal of any response may be disregarded or the entire appeal may be rejected if it does not meet criteria listed above.
         7. The Appellate Board, by majority vote, may decide to:
            1. Deny the appeal;
            2. Delay a final review of the appeal to receive additional information regarding specific issues raised in the appeal. Responses may be solicited from the charged student, the victim, the reporting party, the case resolution conference manager, any relevant witnesses or any other appropriate party; or
            3. Grant the appeal and direct Community Standards & Conflict Resolution to provide a new case resolution conference conducted by a new case resolution manager.
         8. The outcome of a new case resolution conference may result in:
            1. The same decision regarding responsibility and sanctions as made by the original case resolution manager;
            2. The same decision regarding responsibility but a different decision regarding sanctions as made by the original case resolution manager; or
            3. A different decision regarding responsibility and a different decision regarding sanctions as made by the original case resolution manager.
         9. The decision of a second case resolution conference will be subject to all appeal options as described above.
      4. Appeal for Reduction in Length of Suspension
         1. No earlier than 15 business days before completing a suspension from the University of at least two regular semesters (meaning Fall or Spring semester, not including Winter and Summer Sessions) a student may submit a request for a reduction in the remaining period of suspension from the University.
         2. The appeal
            1. May only address why a reduction in length is warranted;
            2. Shall be prepared by the student with the assistance of a student conduct advisor;
            3. Must be computer printed and is limited to three double-spaced pages with one-inch margins and a 12-point font; and
            4. Shall not include information describing the student’s character or citing authorities outside the University.
         3. If the above criteria are not met, Community Standards & Conflict Resolution may reject the appeal or allow the student to amend the appeal to meet criteria.
         4. The appeal may be shared with the reporting party, case resolution manager (if any), victim (if any) and any other appropriate party. These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to Community Standards & Conflict Resolution within five business days of the date on which the appeal was sent. If the above criteria are not met, Community Standards & Conflict Resolution may reject the response or allow a resubmission that meets criteria.
         5. In addition to the student’s appeal and all responses, the Appellate Board may review all other documentation contained in the student’s conduct file. At the discretion of the chair of the Appellate Board, all pages beyond the three-page limit of an appeal or any response may be disregarded or the entire appeal may be rejected if it does not meet criteria listed above.
         6. If granted, the Appellate Board may reduce the length of the suspension as deemed appropriate.
         7. If an appeal is denied, or a reduction of the original length remains longer than two regular semesters, the student may submit a new appeal no earlier than 15 business days before completing two more regular semesters of the suspension.
      5. See Appendix B for operations of the Appellate Board.
2. Graduate Students
   1. Initial Meeting
      1. The graduate student will be invited to participate in an initial meeting with the Associate Dean of the Graduate College (or designee), during which the charged student will be:
         1. Allowed to review and discuss information contained in the student's disciplinary file;
         2. Encouraged to ask questions concerning the report;
         3. Informed of the student's rights within the student conduct process, including the options for resolving the charge(s); and
         4. Presented with the following options:
            1. Accept responsibility and request an administrative action hearing for the purpose of determining and applying the appropriate sanctions; or
            2. Deny the charge(s) and request a hearing by the graduate hearing board.
      2. If a charged student fails to attend the initial meeting within the specified period of time, the facts will be reviewed by the Associate Dean of the Graduate College and a decision rendered and sanctions applied in the student’s absence.
   2. Administrative Action Hearing
      1. The administrative action hearing is in lieu of the student’s right to a graduate board hearing, and the charged student must sign a statement waiving the right to a graduate board hearing.
      2. The Associate Dean of the Graduate College (or designee) may consult with the reporting party to clarify facts related to the matter. If, in consulting with the reporting party, significantly different information is obtained, this information will be shared with the charged student before sanctions are applied. The Associate Dean of the Graduate College (or designee) will share with the charged student all sanctions recommended to be applied.
      3. A charged student may appeal the sanctions applied as a result of an administrative action hearing based on the following procedures:
         1. The charged student may submit a written appeal to the Dean of the Graduate College within five business days of the date on which the written decision was sent. Should the charged student fail to submit this request within five business days, the sanctions will be applied, no appeal will be considered and the case will be closed.
         2. The appeal must allege that the sanctions applied are inappropriate or unreasonable. The request may include what sanctions the charged student feels are appropriate.
         3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
         4. Upon receipt of the request for appeal, the Dean of the Graduate College will send a copy of the appeal to the reporting party, and any other relevant party, including any victim. These parties may submit a response in writing to the Dean of the Graduate College within five business days of the date on which the appeal was sent.
         5. The Dean of the Graduate College will review the written request, may review any other documents presented as part of the appeal, and will determine whether there are sufficient grounds to adjust the sanctions.
         6. If the appeal is granted, adjusted sanctions will be applied and the student and all other parties deemed appropriate will be notified of the sanctions. A victim will be informed of the outcome and any sanction that affects them. The case will be closed.
         7. If the appeal is denied, the sanctions recommended in the administrative action case resolution conference will become effective immediately. The charged student and all other parties deemed appropriate will be notified of the denial. A victim will be informed of the outcome and any sanction that affects them. The case will be closed.
      4. The outcome of the administrative action case hearing will be maintained by the Graduate College in accordance with the Retention and Release of Records process, as defined in Section X.
   3. Graduate Board Hearings
      The chairperson of the graduate board hearing will conduct the hearing according to the following procedures:
      1. Graduate board hearings shall be open to the reporting party, the charged student, the student conduct advisor (if any), all hearing board members and the Associate Dean of the Graduate College (or designee) for the entirety of the hearing.
      2. Witnesses shall be present only during the time they are sharing information regarding the incident or making a victim’s impact statement.
      3. Graduate board hearings shall be closed to all other parties.
      4. The reporting party must attend the graduate board hearing unless an appropriate designee has been approved by the Associate Dean of the Graduate College prior to the graduate board hearing. Note: A reporting party’s failure to attend a graduate board hearing without prior approval may result in a dismissal of the charge(s). A second postponement of a graduate board hearing, even with cause, will result in a dismissal of the charge(s) unless there are serious extenuating circumstances.
      5. The reporting party shall present the case against the charged student and may present witnesses to support the case. Graduate board hearing members shall have the opportunity to question the reporting party and the reporting party’s witnesses. The charged student shall then have the opportunity to question the reporting party and the reporting party’s witnesses. The charged student then may present a response to the report. Graduate board hearing members shall have opportunity to question the charged student and the charged student's witnesses . The reporting party shall then question the charged student and the charged student's witnesses. Graduate board hearing members have the right to question or recall witnesses at any time during the hearing. The reporting party and the charged student may, in that order, present concluding remarks.
      6. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.
      7. Graduate board hearing members may exclude any information that is irrelevant to the case resolution conference or has no bearing on the case or the case resolution conference. The charged student may introduce information regarding their character.
      8. After all information has been presented and both the reporting party and the charged student have been given an opportunity for a final statement, the chairperson of the hearing board will close the hearing.
      9. If the graduate board hearing members find the charged student has violated all or any part of the policies alleged to have been violated, information concerning the charged student’s past conduct record, including student conduct process actions, housing policy violations, civil or criminal court convictions, and any other information deemed relevant by the graduate board hearing members may be considered in determining the appropriate sanction.
      10. The Associate Dean of the Graduate College (or designee) will make a recording of all board hearings. To protect student confidentiality and the integrity of its process, the University does not provide copies of these recordings. However, to aid in the preparation of an appeal, an appealing student may listen to the recording in the presence of the Associate Dean of the Graduate College (or designee) and may be accompanied by a student conduct advisor. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the board hearing, unless expressly permitted by the Associate Dean of the Graduate College.
      11. The chair of the hearing board shall submit a written report to the Associate Dean of the Graduate College within five business days of the conclusion of the board hearing. The written report shall contain:
          1. A summary of the report and the charge(s);
          2. A summary of information presented at the board hearing;
          3. A summary of the hearing board’s findings and rationale;
          4. The hearing board’s proposed sanctions (if any) and rationale; and
          5. A statement describing the charged student’s right to appeal and the procedures for doing so.
      12. The Associate Dean of the Graduate College will notify the charged student and the reporting party of the findings, rationale, proposed sanctions (if any), and the appeal rights. The Associate Dean of the Graduate College will notify the victim of the findings and any sanction that affects the victim.
      13. The charged student may appeal the hearing board’s decision within five business days of date on which the decision was sent.
      14. A copy of the hearing board’s decision will be maintained in the Graduate College according to the Retention and Release of Records process, as defined in Section X.
   4. Graduate Appeals
      1. Initiated by the charged student
         1. The charged student may submit a written request for appeal to the Dean of the Graduate College within five business days of the date on which the written decision was sent. Note: A student who accepts responsibility for violating the Code of Conduct waives the right to an appeal.
         2. The appeal must allege:
            1. The decision is contrary to information presented at board hearing or contrary to new information not known at the time of the board hearing;
            2. Any board hearing procedure was not properly followed; or
            3. A sanction applied is inappropriate or unreasonable.
         3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
         4. Upon receipt of the request for appeal, the Dean of the Graduate College will send a copy of the appeal to the reporting party, the chairperson of the hearing board, and any other relevant party. These parties may submit a response in writing to the Dean of the Graduate College within five business days of the date on which the request was sent.
         5. The Dean of the Graduate College will review the written request, and may listen to the recording of the board hearing, review any documents presented during the board hearing, and will determine whether there are sufficient grounds for an appellate hearing and, if so, will defer the imposition of the sanction applied by the hearing board pending the decision on the appeal.
         6. If the appeal is denied, the decision of the hearing board will become effective as of the date that the Dean of the Graduate College decides not to grant an appellate hearing.
         7. If the appeal is granted, the Dean of the Graduate College will notify the charged student and the reporting party of the time and place of the appellate case hearing.
         8. The only persons permitted to attend the appellate case hearing will be:
            1. The reporting party;
            2. The charged student;
            3. The charged student’s student conduct advisor from the board hearing (if any);
            4. Witnesses (including any victim, and the victim's student conduct advisor from the board hearing, if any) if their presence is necessary (as determined by the Dean of the Graduate College);
            5. The Associate Dean of the Graduate College; and
            6. The Dean of the Graduate College (or designee), who may not have been a member of the original hearing board.
         9. Failure to attend an appellate hearing by the charged student or reporting party may result in the denial of the appeal. A second postponement, even with cause, will result in denial of the appeal unless there are serious extenuating circumstances.
         10. The Dean of the Graduate College will open the appellate hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, which include:
             1. The charged student may make a brief statement of the reason(s) for the appeal. If those reasons include new information, the charged student may present such information, and new witnesses (if any) may be subject to questioning by the charged student, the reporting party and the Dean of the Graduate College.
             2. The reporting party may then address the specific issues presented in the request for appeal.
             3. The Dean of the Graduate College may interrupt the proceedings at any time to ask questions or to focus the proceedings on the specific points at issue.
         11. Within five business days of the conclusion of the appellate hearing, the Dean of the Graduate College shall issue a written decision consisting of the grounds for the appeal, the decision, and the rationale. Copies of this report will be forwarded to the charged student, the reporting party, and the chairperson of the graduate board hearing. A victim, if any, will be notified of the outcome and any sanctions that affect them.
         12. The decision of the Dean of the Graduate College is final and will be implemented immediately.
         13. A copy of the Dean of the Graduate College's decision will be maintained in the Graduate College in accordance with the Retention and Release of Records process, as defined in Section X.
      2. Initiated by a victim
         1. The victim may submit a written request for appeal to the Dean of the Graduate College within five business days of the date on which the written decision was sent.
         2. The appeal may only allege a violation of the victim’s rights (as defined in Section IV.B) occurred.
         3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
         4. Upon receipt of the request for appeal, the Dean of the Graduate College will send a copy of the appeal to the reporting party, the chairperson of the hearing board, and any other relevant party including the charged student. These parties may submit a response in writing to the Dean of the Graduate College within five business days of the date on which the request was sent.
         5. The Dean of the Graduate College will review the written request, and may listen to the recording of the board hearing, review any documents presented during the board hearing, and will determine whether there are sufficient grounds for an appellate hearing and, if so, will defer the imposition of the sanction applied by the hearing board pending the decision on the appeal.
         6. If the appeal is denied, the decision of the hearing board will become effective as of the date that the Dean of the Graduate College decides not to grant an Appellate Case resolution conference.
         7. If the appeal is granted, the Dean of the Graduate College will notify the charged student and the reporting party and the victim of the time and place of the appellate hearing.
         8. The only persons permitted to attend the Appellate Case resolution conference will be:
            1. The reporting party;
            2. The charged student;
            3. The charged student’s student conduct advisor from the board hearing (if any)
            4. Witnesses (including any victim, and the victim's student conduct advisor from the board hearing, if any) if their presence is necessary (as determined by the Dean of the Graduate College);
            5. The Associate Provost for Graduate and Professional Education; and
            6. The Dean of the Graduate College (or designee), who may not have been a member of the original hearing board.
         9. Failure to attend an appellate hearing by the charged student or reporting party may result in the denial of the appeal. A second postponement, even with cause, will result in denial of the appeal unless there are serious extenuating circumstances.
         10. The Dean of the Graduate College will open the appellate hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, which includes:
             1. The victim may make a brief statement explaining why they feel a violation of victim's rights occurred.
             2. The reporting party may then address the specific issues presented in the request for appeal.
             3. The charged student may address the specific issues presented in the request for appeal.
             4. The Dean of the Graduate College may interrupt the proceedings at any time to ask questions or to focus the proceedings on the specific points at issue.
         11. Within five business days of the conclusion of the appellate hearing, the Dean of the Graduate College shall issue a written decision consisting of the grounds for the appeal, the decision, and the rationale. Copies of this report will be forwarded to the charged student, the reporting party, and the chairperson of the hearing board.
         12. The decision of the Dean of the Graduate College is final and will be implemented immediately.
         13. A copy of the Dean of the Graduate College's decision will be maintained in the Graduate College in accordance with the Retention and Release of Records process, as defined in Section X.
   5. Graduate Hearing Board
      1. Jurisdiction
         The hearing board will have jurisdiction over alleged violations of the Code of Conduct by graduate students when the charged student contests the pending charge(s).
      2. Composition
         The hearing board shall consist of three faculty members approved by the chairperson of the Faculty Senate Committee on Graduate Studies. At least 1 faculty member will be from the student’s department, program, or non-departmentalized college, and 2 faculty members will be members of the Faculty Senate Committee on Graduate Studies. The chairperson of the hearing board may not be from the charged student's academic program.
3. Student Organizations
   1. Student organizations are reminded that they are bound by the University's Code of Conduct, and that each use of the word "student" in this Student Guide means student organization. Student organizations are encouraged to review Student Organizations Policy within the Code of Conduct and Section VIII for possible sanctions.
   2. A case resolution conference for a student organization will follow the procedures for undergraduate students. Case resolution conferences will be conducted with the organization’s highest ranking officer representing the organization, unless that officer designates another officer or member.
   3. Any violation of the Code of Conduct by one or more members of a student organization may constitute a violation by the organization itself. Where those administering the student conduct process conclude that there is sufficient connection between the acts of individual students and an organization to which they belong, sanctions may be applied to the organization as well as any offending member. Conversely, when an organization has been found responsible for violating the Code of Conduct, those administering the student conduct process may apply sanctions on some or all members of that organization depending upon the degree of participation in the violation.
   4. In the event that a student or group is charged with a violation of the Code of Conduct, it shall not be a defense that the organization in question is one which is no longer recognized by the University as a result of its status being rescinded, revoked or suspended.