Recognized Student Organization Code of Conduct

Jurisdiction

Students who are part of RSOs are responsible for having read and abiding by the provisions of the Student Organization Code of Conduct [insert link once created], which applies to the conduct of RSOs. RSOs that have lost College recognition may still be subject to provisions in this Code. Individual students who are members of a RSO are still subject as individuals to the Student Code of Conduct and may be held individually accountable for behaviors also attributed to the RSO. Individuals who are members of a RSO may, through their actions, subject the RSO to disciplinary action under this Code, whether or not those individuals are also adjudicated under the Student Code of Conduct.

The Student Organization Code of Conduct applies to behaviors that take place on the campus, at College or RSO-sponsored events whether on or off-campus, and may also apply to other off-campus behaviors when the Vice-President or designee determines that the off-campus conduct affects a College interest. A College interest is defined to include:

• Any situation where it appears that the RSO’s conduct may present a danger or threat to the health or safety of individuals; and/or
• Any situation that significantly impinges upon the rights, property or achievements of others or significantly breaches the peace and/or causes social disorder; and/or
• Any situation that is detrimental to the educational mission and/or interests of the College.

The Student Organization Code of Conduct may also be applied to behavior conducted online, via email or other electronic medium. RSO members should be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a RSO to allegations of conduct violations if evidence of policy violations is posted online. The College does not regularly search for this information but may take action if and when such information is brought to the attention of College officials.

The Student Organization Code of Conduct applies to guests of the RSO and guests who attend a RSO-sponsored event, and the RSO may be held accountable for the misconduct of their guests. Visitors to and guests of the College may seek resolution of violations of the Student Organization Code of Conduct committed against them by a RSO and/or members of a RSO.

There is no time limit on reporting violations of the Student Organization Code of Conduct; however, the longer someone waits to report an offense, the more difficult it may become for College officials to obtain information and witness statements and to make determinations regarding alleged violations.

Though anonymous complaints are permitted, doing so may limit the College’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Associate Dean of Students for Student Experience (referred to hereinafter as “Associate Dean”), Director of Student Life (referred to hereinafter as “Director”) and/or Public Safety.

A RSO facing an alleged violation of the Student Organization Code of Conduct is permitted to dissolve/surrender recognition during the investigation/adjudication process. However, the College may continue the investigation/adjudication process even after the RSO has been dissolved.

College email is the College’s primary means of communication with RSO representatives. Official College correspondence related to this Student Organization Code of Conduct will be transmitted to the official College email address of the RSO representative. RSO representatives are responsible for all communication delivered to their College email address. In addition, the College may notify the RSO Adviser and/or any inter/national governing body or College department associated with the RSO.

Terms and Definitions

• Appeal Officer - An appeal officer is the person(s) or bodies designated by the Associate Dean to hear appeals of findings associated with the Formal Resolution Process, or any assigned outcomes, or both, regardless of process. The appeal officer must not be the person who investigated the case and must not have been involved in the adjudication of the case
• Exigent Circumstances - Any situation that demands unusual or immediate action and thus allows for the circumvention of usual procedures. Examples include, but are not limited to, process delays due to parallel criminal proceedings, behaviors that present a threat to the health and safety of members of the campus community, a request to delay proceedings in order to obtain outside counsel, a break in the academic calendar, etc.
• Hearing Officer - A hearing officer is the person(s) or bodies assigned by the Associate Dean to be the deciding body in a case that involves a Formal Resolution Process. The hearing officer will be a neutral and objective decision-maker. The hearing officer must not be the person(s) who investigated the case and must not be involved in the appellate process.
• Inter/National Organizational Governing Body - Any known or designated association or body affiliated with any RSO. Examples may include: national headquarters of Greek-letter organizations, national governing bodies of sports organizations, national honor societies, etc.
• Recognized Student Organization (RSO) - Any group that has been recognized by the College as a student organization or has applied for such recognition. This would include, but is not limited to, unchartered provisional chapters/interest groups.
• RSO Adviser - Any individual designated by the RSO as their adviser and has a current, signed Adviser Agreement on file with the Student Life Office. If there is no RSO Adviser designated by the RSO, the institution may choose a designee.
• RSO Representative - The College will generally direct communication to the student on file with the College as the elected/appointed leader of the RSO (e.g., president or team captain). However, the RSO may choose any student member to serve as the official representative of the RSO at any time during the process as outlined in this Code. If the individual designated is no longer eligible to serve in that role (e.g., the student withdraws from the College or is no longer a member of the RSO) or if the RSO dissolves prior to or during the investigation/adjudication process as outlined in this Code, the College may designate a RSO representative of their choosing.
• Responsible Employee - A Responsible Employee is any person employed by the College (in a full or part-time capacity) who:
  • Has the authority to take action to address any violation of policy; or
  • Has the duty to report any type of misconduct to appropriate officials; or
  • Is someone a student could reasonably believe has this authority or responsibility.
• Sponsored event - Sponsored events, whether on or off-campus, include, but are not limited to:
  • Any event that the RSO registers with the College or otherwise notifies the College that it is sponsoring/hosting.
  • Any event that meets the criteria of an event that should be registered with the College or that the RSO should have otherwise notified the College.
  • Any event that the College determines may qualify as a sponsored event based on, but not limited to, the following factors: the nature of the event, the number of RSO members in attendance at the event, the level of organization/advertising undertaken by members of the RSO, etc.

Violations

The violations listed below are specifically applied to the behaviors of RSOs by virtue of the conduct of the members of the RSO. As stated, individual students who are members of a RSO are still subject as individuals to the Student Code of Conduct and may be held individually accountable for behaviors also attributed to the RSO. Individuals who are members of a RSO may, through their actions, subject the RSO to disciplinary action under this Code, whether or not those individuals are also adjudicated under the Student Code of Conduct. Refer to the Student Handbook for further information on policies listed below, unless otherwise indicated.

Abuse of Process - Directly or indirectly abusing or interfering with the College investigation/adjudication process by engaging in one or more of the following: falsifying, distorting, or misrepresenting information or colluding to do the same in the investigation/adjudication process; destroying or concealing information; attempting to discourage an individual’s proper participation in the investigation/adjudication process; harassing or intimidating (verbally or physically) any person involved in the College processes before, during, and/or following proceedings (including up to, throughout, and after any outcome); unauthorized disclosure of a reporting party’s identifying information; failing to comply with a temporary measure or other sanction; distributing or otherwise publicizing materials created or produced during an investigation as a part of these policies or procedures, except as required by law or as expressly permitted by the College; or influencing or attempting to influence another person to commit abuse of process.

Aiding in Academic Misconduct -Aids, abet, organize, approve or otherwise participate in behaviors that would constitute cheating, plagiarism, misrepresentation (e.g., having another RSO member check into a class or take an exam) and/or other forms of Academic Misconduct. Evidence of a violation of this policy must demonstrate systemic participation and or knowledge of misconduct beyond 1-2 RSO members participating in the violation.

Alcohol - Aids, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College alcohol policy.

Alleged Violations of Law - Any alleged violations of federal, state and local laws may be investigated and adjudicated under the Student Organization Code of Conduct. When an offense occurs over which the College has jurisdiction, the College conduct process will usually move forward notwithstanding any criminal complaint that may arise from the same incident.

Arrest Policy - RSO leadership fails to notify the appropriate College official within 24 hours if a member of the RSO is arrested and detained as a result of any actions or behaviors taking place at or arising out of a RSO-sponsored event.

Bullying/Cyberbullying - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute bullying and/or cyberbullying, which are defined as repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.

Civil Rights-Based Harassment/Discrimination - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College harassment/discrimination policy.

Damage/Destruction of Property - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College damage/destruction of property policy.

Disruptive Activity/Disorderly Conduct - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College disruptive activity/disorderly conduct policy.

Drugs or Other Controlled Substances - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College drug policy.

Endangerment - Aid, abet, incite, organize, approve or otherwise participate in any activity that would constitute physical abuse or would endanger the safety, health or well- being of other individuals or groups or would cause reasonable apprehension of such harm. For the purposes of this policy, Endangerment would include observation of activities that might endanger the safety, health, or well-being of individuals by RSO members in a position to intervene but who fail to intervene.

Failure to Comply - The RSO or its representatives fail to comply with the reasonable directives of College officials or designees or law enforcement officers during the performance of their duties. This would include failure to comply with any interim measures instituted during any investigation/adjudication process, or failure to comply with any outcomes assigned to a RSO at the completion of the conduct process.

Financial Obligations - Failure to promptly meet financial responsibilities to the College, including, but not limited to; knowingly passing a worthless check or other form of payment to the College or to an official of the College acting in an official capacity or misusing funds obtained through the College (e.g., student activity fees).

Harassment - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College general harassment policy.

Hazing - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College hazing policy [insert hyperlink here]. For the purposes of this policy, “approved or otherwise participates” would include observation of hazing activities by individuals in a position to intervene but who fail to intervene, including organization officers/leaders who are aware of planned hazing activities and condone or fail to prevent that hazing from occurring, regardless of their participation.

Retaliation - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute retaliation under this policy. Retaliation is defined as any adverse action towards any person for reporting an alleged violation of this policy or for cooperating with or otherwise participating in any College investigation. Retaliation includes, but is not limited to, verbal or implied threats, physical or psychological abuse, intimidation, harassment (verbal or written), or any other action intended to create a hostile environment for the intended target of the retaliation. In addition, isolation may constitute retaliation under this policy if the target of the isolation is deprived of an educational opportunity or benefit as a result of that isolation.

Sexual Misconduct - Aid, abet, incite, organize, approve or otherwise participate in any behavior that would constitute a violation of the College sexual misconduct policy.

Trademark/Copyright Violations - The RSO engages in unauthorized use (including misuse) of College or organizational names and images.

Violations of College Policies - Violating, attempting to violate, or assisting in the violation of any other College policy, contract, rule, bylaw and/or regulation of the College or other RSO. Examples include, but are not limited to: the Student Code of Conduct, Title IX Policy, Academic Integrity Policies, Residence Life/Housing Policies, Technology Policy, Social Event Registration Policy, etc.

Procedures

Notice to the College

The College may receive notice of an allegation or potential violation of this or other related policies in a number of ways, including, but not limited to:

• The filing of an incident report with the appropriate College department or official, including self-reporting.
• Any Responsible Employee is made aware of any potential violation of this or other related policies.
• Any Responsible Employee observes any potential violation of this or other related policies.
• Any Responsible Employee is aware of an RSO’s climate or culture that may indicate a probability of violations of this or any other related policies.

Self-Reporting of Individual Misconduct and Amnesty

RSO leadership are encouraged to immediately report any violations committed by members of the RSO of this or other College policies to the Associate Dean or Director. This report should provide a detailed description of the events that transpired, the names of any individuals involved, and a description of any internal disciplinary actions taken by the RSO. If RSO chooses to self-report behavior in this manner, the Associate Dean or designee will only investigate the individual(s) implicated in the report. Unless information discovered in the investigation suggests that the incident was aided, abetted, sanctioned or organized by the RSO, the investigation will be limited to the individuals implicated in the self-report and not the RSO. However, if information is uncovered in the investigation that suggests that the RSO aided, abetted, sanctioned or organized the event, the Associate Dean or designee may launch a formal investigation of the RSO.

Students who make a complaint under this policy or who participate in an investigation related to this policy will not be charged with other minor College policy violations that are brought to light in the course of the investigation that arose out of, or were committed as a direct result of, the incident(s) under investigation (e.g., students forced to consume alcohol as part of a hazing incident will not be charged with violations of the College’s alcohol policy) as long as those behaviors do not represent a threat to the health, safety or well-being of others. The College reserves the right to follow up with students related to those issues as appropriate in a non- disciplinary setting.

Preliminary Inquiry

Upon receiving notice of an alleged violation of this or other College policies involving a RSO, the Associate Dean or designee, in consultation with the appropriate College departments, will conduct a preliminary assessment to determine if there is a reasonable basis for conducting an investigation into the alleged violations of College policies. This initial assessment will include a review of the information reported. This may include, but is not limited to:

• Interview(s) with the person(s) who made the report.
• Review prior conduct history of the RSO and relevant members.
• Gather information that would corroborate elements of the report.
• Review of any materials related to the report.

Once a determination has been made that the alleged violations warrant a more comprehensive investigation or response, the Associate Dean or designee will notify the RSO in writing to outline the alleged violations, the resolution options based on alleged violations, and to schedule an educational conference (if applicable). This notification will also be sent to RSO Adviser(s), any relevant College departments, and if applicable, the RSO inter/national governing body.

If the Associate Dean or designee determines that no investigation is necessary, the report is documented and administratively closed. The Associate Dean or designee may, at their discretion, notify the RSO of the information received and that the matter is closed. In these cases, the Associate Dean or designee may choose, at their discretion, to maintain the confidentiality of any reporting party(ies).

Interim Measures

In cases where it is determined that certain continued operations of a RSO constitute a reasonable threat of harm to individuals, damage of College premises, or disruption to the educational mission of the College, the Associate Dean or designee may issue interim measures, up to and including an interim suspension of all RSO activities, pending final disposition of the matter. Upon issuance of an interim measure, the Associate Dean or designee will notify the RSO representative and other appropriate parties in writing. If a RSO wishes to seek a review of these interim measures, the RSO must submit a written request for an administrative review to the Associate Dean or designee. This administrative review should happen within five (5) business days of the College’s receipt of the request. This administrative review is not a hearing on the merits of the underlying allegations, but is merely a review to determine what, if any, interim measures are appropriate. The review may lead to a continuance, revocation, and/or modification of the interim measures, including modifications that may be more restrictive than the initial measures. The College will notify RSO leadership of the outcome of the review in writing within three (3) business days of the review meeting. This notification will include the College’s decision and the rationale for that decision.

If the College investigation lasts beyond 30 days (as outlined below, beginning from the date of the Educational Conference), the RSO may request another review of the interim measures, which will be handled similarly to the initial request for review as outlined above.

Resolution Options

Upon notice of a potential violation, the Associate Dean or designee will conduct an assessment of the allegations to determine the applicable resolution options available to address the alleged policy violations. In so doing, the Associate Dean or designee may make use of a Violation Rubric. This Violation Rubric provides recommended adjudication models for various types of violations of this Code. The determination of resolution model will include consideration of the following:

• The severity of the alleged violations.
• The risk of harm to other persons.
• The conduct history of the RSO.
• Current status of the RSO.
• Any other relevant factors.

The Violation Rubric provides three levels of process associated with resolving alleged violations of this Code: Prescribed Resolution, Partnership Process Resolution, and Formal Investigation. An Educational Conference will be used when the Partnership Process Resolution or Formal Investigation options are utilized. The Associate Dean or designee may, at any time, determine that a case should be moved from a lower tier to a formal investigation.

Early Resolution

In certain cases there may be a determination by the Associate Dean or designee that there is insufficient evidence to proceed with an investigation, and/or the information collected, even if true, would not constitute a violation of policy. Early resolution is not a determination of responsibility, and is not recorded as a prior determination of such. However, if the behavior may constitute a violation of policies of inter/national governing bodies with which the RSO is affiliated, and the Associate Dean or designee is aware of this affiliation, the Associate Dean or designee may, at their discretion, forward the information to the appropriate body.

In these cases, the Associate Dean or designee may choose to meet with the RSO representative and any other appropriate parties to discuss behavioral expectations. The Associate Dean or designee may suggest proactive educational and/or developmental measures designed to assist the RSO.

However, if the College receives additional information related to the matter that was resolved by early resolution, the College reserves the right to reopen the matter and proceed with investigation and adjudication.

Prescribed Resolution Process

In certain cases, the Associate Dean or designee, in reviewing the allegations, may determine that the allegations constitute a violation of policy(ies), and these violations fall under Level 1 of the Violations Rubric. Violations that fall under Level 1 of the Violations Rubric have prescribed outcomes associated with them. In these cases, the Associate Dean or designee may send an outcomes letter to the RSO representative and any other appropriate parties outlining the determination, the outcomes, and the rationale for both. Upon receipt of this letter, the RSO may do one of the following:

• Accept the determinations and outcomes - in this case, the RSO will follow the directives outlined in the outcomes letter and the matter will be considered closed once the outcomes are completed. Failure to complete the outcomes may result in additional disciplinary action; or
• Decline to accept the determinations and outcomes - in this case, the matter will be forwarded for formal investigation and adjudication.

The RSO must notify the Associate Dean or designee of their choice from the above within two (2) business days of receipt of the email.

In certain cases that might otherwise constitute a Level 1 violation, the Associate Dean or designee may determine that a different resolution option is warranted. This determination may be based upon the prior history of the RSO or its members, the RSO’s current status, any patterns of behavior, or other factors as deemed relevant.

Educational Conference

In those cases where the Violation Rubric would suggest a Partnership or Formal Adjudication Process, or in those cases that began with a Prescribed Outcomes Process but the RSO elects to have the case adjudicated through the Formal Adjudication Process, the Associate Dean or designee will schedule an Educational Conference with the RSO representative and RSO Adviser(s) and other appropriate parties.

This meeting provides an opportunity for the leadership of the RSO, the RSO Adviser(s) and the RSO inter/national governing body (if applicable) to discuss the nature of the allegations, the rights and responsibilities of the RSO, the resolution options available to the RSO based on the nature of the allegations, and the specific steps involved in the different resolution options. Participation in the Educational Conference is voluntary; however, the Associate Dean or designee, may proceed with the process in the absence of participation from the RSO.

In the event that the RSO needs additional time to select the preferred resolution option, the RSO will be given up to two (2) business days following the Educational Conference to notify the Associate Dean or designee via email of the preferred resolution option. The Associate Dean or designee will make the final determination on the resolution option to be used in investigating and adjudicating the alleged violations.

Partnership Process

For this resolution process, the RSO is given the opportunity to conduct an internal investigation. The Partnership Process will include the following:

• The Associate Dean or designee will, in consultation with the RSO representative and RSO Adviser(s) and other appropriate parties, develop an investigation scope and timeline based on the nature of the allegations.
• The RSO must conduct an investigation and email the Associate Dean a written investigative report within the agreed-upon timeline, barring exigent circumstances as determined by the Associate Dean or designee, or as otherwise specified in writing by the College.
  • Report should be detailed and specific, including the names of specific individuals involved in the alleged violation and any internal disciplinary action the RSO has implemented relative to those individuals.

The Associate Dean or designee will review the RSO’s investigative report and will make one of the following determinations:

• The Associate Dean or designee agrees that the report is complete and will schedule a resolution meeting to discuss the report and findings and review next steps; or
• The Associate Dean or designee agrees that the report is complete, that the behavior in question is individual in nature, and the individuals implicated in the chapter report are forwarded for adjudication under the Student Code of Conduct and the case involving the RSO is closed; or
• The Associate Dean or designee determines that the report is insufficient or incomplete, and provides feedback to the RSO and provides instruction for further investigation; or
• The Associate Dean or designee determines that the RSO has intentionally provided inaccurate or incomplete information, obstructed the process, or is otherwise non-compliant or uncooperative. The Associate Dean or designee will then determine whether to move forward with investigation and adjudication of the allegations under the Formal Resolution Process.

Partnership Process Resolution Meeting

Once the Associate Dean or designee has determined that the report is complete, the Associate Dean or designee will meet with the RSO representative and/or RSO Adviser(s) (and other parties as appropriate e.g., inter/national governing body) and one of the following determinations will be made:

• No Policy Violation - If the RSO report determines that no policies were violated by the RSO, and the Associate Dean or designee accepts this determination, the process concludes for the RSO. Individuals implicated in the report may be forwarded for individual adjudication as outlined in the Student Code of Conduct.
• Responsibility Fully Accepted: If the RSO report determines that the RSO was responsible for all policy violation(s) that were alleged, and the Associate Dean or designee accepts this determination, the Associate Dean or designee will initiate the Determination of Outcomes process.
• Responsibility Partially or Not Accepted: If the RSO report determines that the RSO was responsible for some but not all, or for none of the policy violation(s) that were alleged, the Associate Dean or designee will make one of the following determinations:
  • The Associate Dean or designee may accept the determinations from the report and will move forward to the outcomes process solely on the allegations for which the RSO accepted responsibility, if applicable; or
  • The Associate Dean or designee may not accept the determinations from the report and will move forward in investigating and adjudicating the matter under the Formal Investigation Process.

If individual students are identified at any point in the partnership process to have potentially violated any College policies, they may be individually referred to the Associate Dean or designee for investigation and adjudication. Determinations of responsibility through the Partnership Process are final and may not be appealed.

Formal Investigation Procedures

If the Associate Dean or designee determines at any point that a formal investigation is necessary, the Associate Dean or designee may assign the case to an investigator(s) for a formal investigation. The Associate Dean or designee will notify the RSO, the RSO Adviser(s), and other appropriate parties that a formal investigation is being initiated.

During the course of the investigation, up to and including the five (5) day review period, the RSO may request to enter information into the record and may recommend specific witnesses to the investigator. Ultimately, determinations of relevance of information or witnesses will be determined by the investigator. In completing the investigation, the investigator(s) may:

• Make contact (if possible) with the individual(s) who submitted the initial information.
• Interview any individuals with relevant information.
• Request relevant information from RSO members (e.g., screenshots of text messages or pictures/videos, files stored on behalf of the RSO on College provided resources, and files stored on 3rd party platforms under accounts associated with the RSO, regardless is stored or accessed on College resources) and note whether or not RSO members were compliant in sharing requested information.
• Provide relevant information at any point during the investigation to the Associate Dean or designee related to interim measures.
• Require RSO members, or a select group of RSO members (e.g., all new members of the RSO) to participate in an interview and may restrict communication between RSO members during the interview (e.g., sequestering RSO members in a room and prohibiting interview participants from using their cell phone or other devices during the interview/sequestration, collecting their cell phone or other devices prior to the interview and returning only at the conclusion of the interview).
• Request students to undergo a physical examination by a campus health center staff member or other appropriate medical professional of the College’s choosing and to sign a waiver allowing that medical professional to share a summary of the relevant results of that examination (e.g., physical abuse, BAC, drug usage, etc.). When possible, personally identifying information will be limited or redacted.

Students participating in a formal investigation process are expected to participate in an active, cooperative and truthful manner. Failing to participate in any fashion, including failure to provide requested information or testimony, may constitute a violation(s) of the Student Code of Conduct. Additionally, the investigators will document these failures and the hearing officer(s) may make any inferences based on these failures.

The College will make all reasonable attempts to complete the initial investigation in a period of no more than 30 business days, barring any exigent circumstances. In the event that exigent circumstances arise that will require a delay beyond 30 business days, the College will notify the RSO representative of the delay, including the reasons for the delay and the anticipated timeline for completing the investigation.

At the completion of the investigation, the investigator(s) will provide a written draft of the investigation report to the Associate Dean or designee. The Associate Dean or designee will review that report for accuracy or thoroughness and, once complete, will share the draft of the report (with necessary redactions) with the RSO representative, RSO Adviser(s), and any other appropriate parties for review and comment. The RSO must provide any comments related to the investigative report via email to the Associate Dean or designee within five (5) business days of the receipt of the report, barring exigent circumstances as determined by the Associate Dean or designee. Upon receipt of these comments (if applicable) the Associate Dean or designee will generate the final report and share it with the RSO representative, RSO Adviser(s) and any other appropriate parties at least five (5) business days in advance of any formal resolution. The Associate Dean or designee will make the final determination of the relevance of any information gathered during the investigation.

Upon completion of the final report, the Associate Dean or designee will schedule a meeting with the appropriate RSO representatives to determine the appropriate adjudication process. At this meeting, the RSO may choose one of the following options for adjudication:

• Informal Resolution - the RSO may accept the findings of the investigation and determinations of the Associate Dean or designee based on the investigation report. If this occurs, the process will move forward to the outcomes process.
• Formal Resolution - the RSO may not accept the findings of the investigation and/or determinations made by the Associate Dean or designee. If this occurs, the RSO may choose to have the matter resolved through either an Administrative or Formal Hearing. Regardless of the hearing body selected, the RSO will be given a notice of the time, date and location of the hearing at least five (5) business days in advance of the hearing.
  • Administrative Hearing - the RSO may select to have the case adjudicated by a single administrator designated by the College.
    • The hearing officer may elect to call and question witnesses as necessary, including the investigator(s) who compiled the investigative report. The RSO may question any witnesses called by submitting written questions to the hearing officer.
    • The RSO will be given the opportunity, in person or in writing, to submit or give a statement to the hearing officer and to respond to any information provided by witnesses.
    • The hearing officer may question the RSO representative.
    • The RSO may bring an adviser of their choosing (does not have to be the RSO Adviser) to the hearing. The adviser may not speak on behalf of the RSO, question witnesses, or actively participate in the hearing other than to advise the RSO representative.
    • The hearing officer will make determination of responsibility using a preponderance of evidence (more likely than not) standard of evidence.
  • College Judicial Board Hearing - the RSO may request to have the case adjudicated by the College Judicial Board.
    • The College Judicial Board may elect to call and question witnesses as necessary, including the investigator(s) who compiled the investigative report. The RSO may question any witnesses called by submitting written questions to the College Judicial Board.
    • The RSO will be given the opportunity, in person or in writing, to submit or give a statement to the College Judicial Board and to respond to any information provided by witnesses.
    • The College Judicial Board may question the RSO representative.
    • The RSO may bring an advisor of their choosing to the hearing. The RSO advisor may not speak on behalf of the RSO, question witnesses, or actively participate in the hearing other than to advise the RSO representative.
    • The College Judicial Board will make determination of responsibility using a preponderance of evidence (more likely than not) standard of evidence.

Outcomes

At the conclusion of the resolution process (including the conclusion of any appeals process), if a RSO accepts responsibility for violation(s) through the partnership or formal resolution process, or if the RSO is found responsible for violation(s) through the formal resolution process, the Associate Dean or designee will schedule an outcomes meeting with the RSO representative, advisor, and other parties as applicable. The purpose of this meeting shall be to determine the outcomes necessary to effectively address the behavior of the RSO related to the violation(s) and will include the solicitation of input from the RSO representative, RSO Adviser(s), and all other interested parties.

At the completion of the outcomes meeting, the Associate Dean or designee will administer all Outcomes assigned to the RSO through the Partnership or Formal Resolution Process to the RSO representative and the RSO Adviser(s) in writing via an Outcomes Letter. The outcomes may be assessed individually, in combination, or to follow consecutively. Outcomes will be communicated in writing by the Associate Dean or designee to the RSO and will list outcomes assigned, including the length of any active status and/or rescission periods, the specific privileges impacted, and any and all other opportunities established as a part of the educational outcomes.

The Associate Dean or designee will maintain the Outcome Letter in the RSO’s record for a period of no less than seven (7) years. If a RSO loses campus recognition, the Associate Dean or designee will maintain the Outcome Letter indefinitely. If applicable, a copy of the Outcome Letter may be sent to their Inter/National Organizational Governing Body or other appropriate parties.

The Associate Dean or designee and/or the appropriate College department will oversee the completion of outcomes. If the RSO misses any deadlines, fails to complete any outcomes, and/or has a subsequent violation(s), the RSO may be subject to additional outcomes and/or disciplinary actions at the discretion of the Associate Dean or designee.

The outcomes implemented at the conclusion of the disciplinary process may include Status Outcomes, Educational Outcomes, or Structural Outcomes.

Status Outcomes

Status Outcomes may include, but are not limited to:

• Disciplinary Warning: Notifies a RSO that the behavior and conduct has been inconsistent with the expectations of the College. A warning has no immediate effect upon an RSO’s status at the College and may be specified for a period of time. However, once given a warning, a RSO should expect different outcomes to result from any subsequent violations, especially while on a current warning status when/if similar behaviors occur.
• Restriction of Privileges: Precludes an RSO from participating in certain activities or may require an RSO to forfeit specific privileges. A RSO under a status of Restriction of Privileges is not in good standing with the College. Restriction of Privileges may include, but is not limited to, loss or limitation of social events or limitation of ability to participate in College events or activities.
• Disciplinary Probation: Serves to notify a RSO that it must avoid any further violations for a specified period of time in order to avoid additional disciplinary action. RSOs on probation are not in good standing with the College. An RSO may be prohibited from participating in certain activities or forfeit specific privileges while on probation. If a RSO on probation is found responsible for any subsequent violations, the outcomes may escalate. Disciplinary Probation may include Restriction of Privileges.
• Deferred Suspension: Status for a specified period of time during which any subsequent finding of Responsibility for a violation of the Student Organization Code of Conduct or any other College policy shall result in the outcome of Suspension for the RSO. Deferred Suspension may include Restriction of Privileges.
• Suspension: Status for a specified period of time that includes, but is not limited to, the revocation of the College’s recognition of the RSO for a stated or an indeterminate period of time, cessation of College funding, restriction of all operations at the College, cessation of reserved and/or provided housing, and restriction of use of College resources. If the RSO also holds a charter from an inter/national organizational governing body, the College may also request that the inter/national organizational governing body, revoke the charter of the RSO.

A RSO placed on Suspension is prohibited from sponsoring, co-sponsoring, or participating in any and all social, intramural, athletic, or other similar activities on or off-campus. A suspended RSO may not solicit or initiate any new members. Suspension may also include the forfeiture of other specifically listed privileges. Suspension is for a specific and determined period of time, and will include a written return agreement outlining specific conditions for return. The Suspension may be delayed at the discretion of the Associate Dean or designee.

If the RSO dissolves or loses recognition, as a result of organizational conduct, and then attempts to seek recognition under the guise of a different organizational name, the College reserves the right to deny the request for recognition or withdraw the recognition. This conclusion may be based on multiple factors, including but not limited to, overlapping membership, similarity of purpose, and the timing of the dissolution or prior loss of recognition and the request for new recognition.

Continued operation of the RSO after suspension or loss of recognition will result in a violation of Failure to Comply and may result in additional outcomes or restrictions, up to and including an extension of the Suspension beyond the terms originally outlined in the initial Outcomes Letter/return agreement.

A RSO that has completed a period of suspension and has met conditions for return as outlined in the return agreement may seek reinstatement by complying with the registration requirements of the appropriate College department.

Educational Outcomes

Educational outcomes may include, but are not limited to, educational programming, community service, interventions, restrictions, workshops, or other outcomes determined to help develop the culture and community of the RSO. The Associate Dean or designee will determine educational outcomes after consultation with the appropriate College Office(s), the governing body and/or affiliated organization of the RSO, organizational leadership, RSO Adviser(s), and/or other appropriate stakeholders as necessary.

Structural Outcomes

Structural Outcomes are related to the structure, membership or governance of the organization. Structural outcomes, developed in collaboration with the inter/national organizational governing body (if applicable), may include, but are not limited to, changes to RSO operating procedures, a review of RSO membership/leadership, an external RSO review, and changes to RSO adviser support. Structural outcomes may be included alongside any status and educational outcomes, but only after consultation with the appropriate College department(s), the RSO inter/national governing body (if applicable), the RSO representative, RSO Adviser(s), and/or other appropriate stakeholders as necessary.

Appeals

Requests for Appeal

Requests for appeals must be submitted via email to the Associate Dean or designee within seven (7) business days, barring exigent circumstances as determined by the Associate Dean or designee, of the delivery of the written determination from the Adjudication and Resolution or the Outcomes Letter. No person involved as an original hearing officer or investigator may serve in this review capacity. The College’s presumed position is that all outcomes will be implemented during the appellate process. The Associate Dean or designee may consider, upon request in writing, to stay or modify a sanction during the appellate process. Any stay or modification should be exercised only under exigent circumstances. The Associate Dean or designee will review all requests to determine if the requests adequately meet the grounds for appeal (below).

The RSO must meet one or more of the grounds below in order for the request to be passed on to the appellate body for consideration on the merits. The burden is on the RSO to show the grounds are met using the preponderance of the evidence standard.

If there is another party involved in the matter (e.g., in matters where the incident involves Title IX or other civil rights discrimination), the Associate Dean or designee may share all or part of the appeal with the party to allow them to respond or submit their own request for appellate consideration. They will be required to respond within five (5) business days, barring exigent circumstances as determined by the Associate Dean or designee, of notice of the request for appeal.

If there is a challenge to any member of the process (e.g., a challenge of bias by an investigator or hearing officer), the Associate Dean or designee may share all or part of the appeal with the party in question to allow them to respond. They will be required to respond within five (5) business days, barring exigent circumstances as determined by the Associate Dean or designee, of notice of the request for appeal. If any new grounds for appeal are raised in any response, the Associate Dean or designee will determine whether to allow a short time for the RSO to submit a response.

The Associate Dean or designee serving in the reviewer role will issue their decision to allow the appeal to proceed in whole or in part or to deny the appeal within five (5) business days of receipt of all information and responses, barring exigent circumstances.

Once forwarded, the Appeal Officer(s) will issue their decision within five (5) business days of receipt of all information and responses, barring exigent circumstances. In instances where the appeal officer(s) need(s) additional time, the appeal officer shall notify the RSO representative, within the allotted time for issuing a decision.

Grounds for Appeal

The RSO may file an appeal, as may an aggrieved party in the matter as determined by the Associate Dean or designee (e.g., a Sexual Misconduct matter covered under Title IX), to either the Finding issued in the Formal Resolution Process, or the Outcomes of either the Partnership or Formal Resolution Process, or both, but all appeals are limited to the following grounds:

• Procedural Error: A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.). Any challenge for bias must include: a) what the bias was, b) how the bias manifested itself, and c) how the bias significantly impacted the outcome. A mere allegation or determination of bias will not be sufficient to meet this ground for appeal.
• New Evidence: New evidence is information that was unknown or unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence, how it was previously unknown or unavailable, and its potential impact must be included.
  • If a person or RSO representative refused to testify or participate in the investigation and now wishes to submit their testimony as new evidence at the appellate level, that testimony will not be considered “new evidence” under this ground. The Associate Dean or designee serving as the reviewer of requests for appeal may determine if the matter will be sent back for further investigation based on this request for appeal.
• Appeal of the Outcome(s): The outcome(s) imposed is(are) clearly outside the parameters for the violation(s) or are of such nature that the RSO could not reasonably complete them within the allotted timeframe.

General Appellate Considerations

The original finding and outcome(s) are presumed to have been decided reasonably and appropriately. In cases where there are other parties involved, if the Associate Dean or designee during the review phase or the Appeal Officer during the appellate phase, wishes to meet with a party or RSO representative, the other party will be notified and granted the same opportunity.

Appeals are not intended to be full re-hearings of the original allegation(s). In most cases, appeals are confined to a review strictly limited to the matters being appealed.

Appeal Conclusions

An appeal that affirms the finding of the Formal Resolution process is final. An appeal that affirms the outcomes is final. An appeal that is granted for the appellant (or other party, when appropriate) based on new evidence should be remanded to the Associate Dean or designee or hearing officer for reconsideration, for rehearing, or for further investigation.

An appeal granted for the appellant (or other party, when appropriate) based on other grounds may either be remanded to the investigator, Associate Dean or designee, or the original hearing officer(s), with instructions to further investigate, clarify findings, or remedy errors.

When an appeal is granted for the appellant (or other party, when appropriate) based on inappropriate outcome(s), the appeal officer may alter the outcome or remand with recommendations, to the Associate Dean or designee or the original hearing officer(s), as appropriate, to modify the outcome(s). Such outcome determination shall be final.

Once an appeal is decided, the decision is final; further appeals are not permitted.

Table 1. Violation Rubric

Table 2. Tier 1 Violation Outcomes

The Westminster College Student Organization Code of Conduct is adapted from The Dyad Strategies Model Code of Student Organization Conduct and is used here with permission.