Student Code of Conduct Procedures

• Individual Student(s)
• Registered Student Organization(s)
• Sexual Misconduct and Relationship Violence

Student Code of Conduct Procedures - Individual Student(s)

These procedures apply to student misconduct, including violations of the Student Code of Conduct, except for Sexual Misconduct and Relationship Violence, which is addressed in Student Code of Conduct Procedures - Sexual Misconduct and Relationship Violence, and misconduct by registered student organizations, which is addressed in Student Code of Conduct Procedures - Registered Student Organization(s).

A. Complaints of Student Misconduct

1. Anyone may report a complaint of student misconduct in writing directly to the Office of Student Conduct or the Public Incident Report Form online. Complaints of misconduct will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who is responsible for the administration of the Student Conduct process.
2. The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine if the complaint of misconduct has merit. If the alleged complaint of misconduct is found to have merit, the alleged complaint will be assigned University violations and will be forwarded to an Incident Reviewer, and the responding student will have an Incident Review meeting scheduled.

B. Interim Actions

1. The Office of Student Conduct or designee may impose interim actions prior to, or during an Incident Review meeting, student conduct hearing board, registered student organization investigation, and/or sexual misconduct and relationship violence investigation. Interim actions will be imposed in the following circumstances:
   1. To ensure the safety and well-being of members of the University community or preservation of university property;
   2. To ensure a student’s and or registered student organization’s own physical or emotional safety and well-being;
   3. To ensure the integrity of the investigative and/or student conduct process;
   4. If a student or registered student organization poses a threat of disruption of or interference with the normal operations of the University; or
   5. Any other circumstances where the Office of Student Conduct or designee determines, in its sole discretion, the interim actions to be in the best interest of the University or its community.
2. The Office of Student Conduct shall have the sole authority within its discretion to make a final determination on the appropriate interim action, and it may select any action from all of the available actions that it finds appropriate under the circumstances at issue. Whenever an interim action is imposed, the Office of Student Conduct will convene the formal student conduct process as soon as possible in compliance with the normal due process requirements and upon consideration of the circumstances. Students who have an interim suspension can request a review within two (2) business days of the effective date of the interim suspension unless circumstances warrant an extension. The Assistant Vice President and Dean of Students and/or designee will conduct a review of any submitted material by the student who has been interim suspended and, within five (5) business days after receipt of the materials, render a determination that the interim suspension is supported, modified, or revoked. Interim suspension reviews are not automatic and must be requested in writing by the student by the deadline listed in the interim suspension letter. Registered Student Organizations do not have the right to have an interim suspension reviewed.

C. Notification of Student Misconduct and Incident Review Meeting

1. Students will be notified at least one business day prior to their scheduled Incident Review meeting via their University email. In this notification, students will be advised of the Incident Review meeting procedures, date of alleged misconduct, the allegations of misconduct and the meeting date with the Office of Student Conduct.

D. Incident Review Meeting Procedures

Responding students will:

1. Be notified in writing via their University email regarding the alleged misconduct and student conduct procedures at least one business day prior to the Incident Review meeting.
2. Have the opportunity to review any incident report(s) submitted to the Office of Student Conduct during the Incident Review meeting. Students may request a redacted copy of any reports at the conclusion of the Incident Review meeting. These requests should be in writing and e-mailed to the Office of Student Conduct at conduct@ut.edu.
3. Present information on their own behalf at the Incident Review meeting.
4. Accept responsibility at an Incident Review meeting. If a responding student accepts responsibility they will waive any procedural appeal rights upon accepting responsibility at an Incident Review meeting.
5. Deny responsibility and request a hearing to determine responsibility for the alleged violations. The appropriate hearing board will be determined by the Assistant Dean of Students and Director of Student Conduct or designee.
6. Be notified in writing within 10 business days via their University email of the outcome of the Incident Review meeting unless the determination of sanctions has been deferred to obtain additional information.

E. Incident Review Meeting

1. The Incident Review meeting is a private one-on-one meeting with the Incident Reviewer and the responding student. Parents and University Support Persons will not be permitted in this meeting.
2. The Incident Reviewer will explain the alleged misconduct to the responding student.
3. The Incident Reviewer will conduct an interview with the responding student and the responding student may accept responsibility for the misconduct. The Incident Reviewer, at their sole discretion, may assign appropriate sanctions at this time or may defer the imposition of sanctions to consider additional information. Upon approval of the Office of Student Conduct, the Incident Reviewer’s determination as to sanctions are final. However, at the sole discretion of the Office of Student Conduct, the responding student can be referred directly to a student conduct hearing board for adjudication regardless if the student has accepted responsibility for the misconduct.
4. The Incident Reviewer may recommend the allegations of misconduct be dismissed by the Office of Student Conduct. The Office of Student Conduct reserves the right to reassign any dismissed violations if new information becomes known regarding the alleged misconduct that was not known to the Incident Reviewer or the Office of Student Conduct at the time of the initial Incident Review meeting.
5. If a responding student fails to attend their scheduled Incident Review meeting, their case will be referred to the appropriate student conduct hearing board at the sole discretion of the Assistant Dean of Students and Director of Student Conduct or designee.

F. Hearing Board Procedures:

Responding students will:

1. Be notified in writing via their University email about the alleged misconduct and hearing procedures at least one business day prior to the hearing board meeting.
2. Have the opportunity to review any incident report(s) submitted to the Office of Student Conduct during the hearing board.
3. Have an individual student conduct hearing board. Students referred to a student conduct hearing board with other responding students in which the facts relate to the same subject or incident, may have individual student conduct hearing boards that run concurrently with other responding students to streamline the matter for effectiveness and a prompt conclusion. For example, this may occur when witnesses can provide information about multiple responding students from a mutual incident or nexus of facts. It is the sole discretion of the Office of Student Conduct to determine where individual student conduct hearing boards can occur simultaneously. 
4. Present information on their own behalf at a student conduct hearing board. This includes presenting any combination of three witnesses or written witness statements. These witnesses or witness statements must have direct knowledge of the incident that is being reviewed by the student conduct hearing board. In addition, students may choose not to provide any information on their behalf. The student conduct hearing board reserves the right to make an inference from students who choose not to answer questions or provide information.
5. Question anyone providing information to the student conduct hearing board. Questions will be directed to the Hearing Board Advisor. The Hearing Board Advisor will have the final determination on the appropriateness of the question.
6. Request the removal of hearing board members based on bias or other conflict of interest. The Hearing Board Advisor will have the final determination on removal of the hearing board member.
7. Be assisted by one University support person as defined in the definitions section of the Student Code of Conduct. Students cannot be assisted by an attorney during the hearing board process.
8. Be notified in writing via their University email the outcome of the student conduct hearing board within 10 business days after the student conduct hearing board has concluded.
9. Appeal the hearing board determination of responsibility of assigned violation(s) within two business days from receiving the notification of outcome containing the hearing board’s determination to their university email.
10. Schedule a post-hearing meeting with the Office of Student Conduct to discuss the determination of the student conduct hearing board.

G. Hearing Board

1. At the sole discretion of the Assistant Dean of Students and Director of Student Conduct or designee, the student conduct hearing board may be an Administrative Conduct Board or a Student Conduct Board.
2. Hearing boards are closed to the public. Admission to any person to the hearing shall be at the sole discretion of the Hearing Board Advisor. Hearing boards may not be disrupted by any party. The Hearing Board Advisor has the right to remove any disruptive individual including responding students. The hearing board will continue in the absence of the disrupting party.
3. Hearing boards will have a minimum of three voting members to establish quorum.
4. Hearing boards will have a sole official verbatim record. The record is property of The University of Tampa.
5. Hearing boards will review information submitted to the Office of Student Conduct, the responding student(s) and witness(es) if applicable.
6. Hearing Board Advisors, at their sole discretion, may choose to postpone or suspend a hearing to gather additional information.
7. Hearing board members may question parties providing information during the hearing.
8. Hearing boards reserve the right to hear and decide a case in absentia of the responding and/or reporting parties or any other witnesses.
9. Hearing boards determine responsibility for the responding student related to the allegations of misconduct. Hearing boards use the “preponderance of evidence” standard in determining responsibility.
10. All procedural questions are resolved by a final determination of the Hearing Board Advisor.
11. The Office of Student Conduct reserves the right to reassign any dismissed allegations if new information becomes known regarding the alleged misconduct that was not known to the hearing board or the Office of Student Conduct at the time of the original hearing.

H. Types of Hearing Boards

1. Student Conduct Boards are comprised of at least three full-time students with a minimum grade-point average of 2.8 and the Assistant Dean of Students and Director of Student Conduct or designee who serves as a non-voting Hearing Board Advisor. The Assistant Dean of Students and Director of Student Conduct or designee shall select and ensure that all board members are properly trained. The Student Conduct Board will determine the responsibility of the responding student(s) and if found responsible will make sanction recommendations to the Office of Student Conduct. The Office of Student Conduct shall have the sole authority to make a final determination on the appropriateness of the sanction(s) recommended. All determinations of responsibility are based on a simple majority vote of the board members.
2. Administrative Conduct Boards are comprised of at least three faculty and/or staff members at The University of Tampa and the Assistant Dean of Students and Director of Student Conduct or designee who serves as a non-voting Hearing Board Advisor. The Assistant Dean of Students and Director of Student Conduct or designee shall select the board members and ensure that all board members are properly trained. The Administrative Conduct Board will determine the responsibility of the responding student(s) and if found responsible will make sanction recommendations to the Office of Student Conduct. The Office of Student Conduct shall have the sole authority to make a final determination on the appropriateness of the sanction(s) recommended. All determinations of responsibility are based on a simple majority vote of the board members.
3. Appellate Hearing Boards are comprised of at least three faculty and/or staff members at The University of Tampa. The Assistant Dean of Students and Director of Student Conduct or designee shall select the board members and ensure that all board members are properly trained. The review of the board is limited as set forth in the Appeals section of this policy. All determinations are based on a simple majority vote of the board members.

I. Appeals of Hearing Board Determination

1. If the responding student is determined responsible by a hearing board, the responding student may file an appeal of the determination of responsibility to the Office of Student Conduct within two business days of receiving the notification of the determination of the student conduct hearing board to their university email. Appeals shall be limited to a review of the verbatim record of the student conduct hearing board and supporting documents submitted with the appeal for one or more of the following purposes.
   1. To determine whether the original student conduct hearing board was conducted in conformity with prescribed procedures. If a procedural error occurred, it needs to be sufficient to alter the determination by the hearing board regarding responsibility of the assigned violation(s).
   2. To consider new information, sufficient to alter a determination by the student conduct hearing board regarding responsibility of the assigned violation(s), that was not available at the time of the original hearing board, because information and/or facts could not have been known to the responding student at the time of the initial hearing board.
2. The Office of Student Conduct, in its sole discretion, will determine if the appeal is eligible for review. If the appeal is eligible for review, it will be referred to the appropriate appellate hearing board/appellate hearing officer.
3. The appellate hearing board/appellate hearing officer has the authority to render the following determinations based on its limited review:
   1. Affirm the determination of the original hearing board.
   2. Modify the determination of the original hearing board.
   3. Modify imposed sanctions.
   4. Refer the case for a re-hearing by the original hearing board or a new hearing board.
4. All appeal determinations are final. Students will be notified within 10 business days of the appeal determinations via their university email.

J. Disciplinary Sanctions

1. When a respondent student is determined responsible for misconduct, the Office of Student Conduct will confirm assigned sanctions by the Incident Reviewer or student conduct hearing board to ensure the appropriateness of the sanction(s) for the violation of misconduct. All sanctions are intended to be progressive, educational, and assigned based upon the severity of the misconduct and prior student conduct history if applicable.

K. End of Semester Incidents

1. Acknowledging the fact that incidents occur at/or right before the closure of a semester, the Office of Student Conduct reserves the right, in its sole discretion, to move forward with cases during or after final exams have concluded. In addition, the Office of Student Conduct reserves the right, in its sole discretion, to suspend a case until the beginning of the next semester that the responding student is enrolled. The following procedures may be applied.
   1. Students may be asked to appear for an Incident Review meeting or student conduct hearing board during a scheduled finals exam week.
   2. Students living more than 50 miles away from campus and/or not enrolled during the current term may be asked to participate in the conduct process via telecommunication using video and/or audio technology.
   3. All graduating students who have been notified of an incident that occurred before the commencement ceremony must complete the conduct process and sanctions required to have their degree conferred.
   4. The University of Tampa reserves the right to withhold a degree if there is a pending conduct process or incomplete sanction.

L. Holds and Incomplete Sanctions

1. In the circumstance that the student has unsuccessfully completed their sanction(s), the following measures are applicable:
   1. A registration hold will be placed on the student’s account; and
   2. The student may be referred to the Office of Student Conduct for Compliance with Directives.

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Student Code of Conduct Procedures – Registered Student Organization(s)

These procedures apply to registered student organization misconduct, including all violations of the Student Code of Conduct, except for sexual misconduct and relationship violence, which is addressed in Student Code of Conduct Procedures - Sexual Misconduct and Relationship Violence. This section does not include the procedures used in individual student misconduct which is addressed in Student Code of Conduct Procedures – Individual Student(s).

Please note if a registered student organization is alleged to have violated the sexual misconduct and relationship violence policy they will be adjudicated under the Sexual Misconduct and Relationship Violence Investigative Procedures.

A. Complaints of Registered Student Organization Misconduct

1. Anyone may report complaints in writing of registered student organization misconduct directly to the Office of Student Conduct or online. Complaints may also be filed on behalf of The University by the Office of Student Conduct. Complaints of misconduct will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who is responsible for the administration of the Registered Student Organization process.
2. The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine if the complaint has merit. If the complaint of misconduct is found to have merit, an investigation will be commenced to determine if the misconduct has violated University policy. The Office of Student Conduct reserves the right to reopen a preliminary inquiry in the event new information becomes known regarding the alleged misconduct that was not known to the Office of Student Conduct at the time of the initial preliminary inquiry.

B. Notification of Investigation of Registered Student Organization Misconduct

1. The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the responding registered student organization of the alleged misconduct. A meeting will be scheduled with the Assistant Dean of Students and Director of Student Conduct, or designee, and the responding registered student organization’s president or representative. The responding registered student organization’s president or representative will be notified one business day prior to the scheduled meeting.
2. The responding registered student organization's president or representative is required to attend a meeting with the assistant dean of students and director of Student Conduct, or designee, who is free of any conflict of interest or bias, to review the registered student organization conduct process. At this meeting, the president or representative will be given notice of the complaint of misconduct. The assistant dean of students and director of Student Conduct, or designee, will select the investigator who will investigate the allegations of misconduct.

C. Interim Actions

1. The Office of Student Conduct, or designee, may impose interim actions prior to, or during an Incident Review meeting, student conduct hearing board, registered student organization investigation, and/or sexual misconduct and relationship violence investigation. Interim actions will be imposed in the following circumstances:
   1. To ensure the safety and well-being of members of the University community or preservation of university property;
   2. To ensure a student’s and or registered student organization’s own physical or emotional safety and well-being;
   3. To ensure the integrity of the investigative and/or student conduct process;
   4. If a student or registered student organization poses a threat of disruption of or interference with the normal operations of the University; or
   5. Any other circumstances where the Office of Student Conduct, or designee, determines, in its sole discretion, the interim actions to be in the best interest of the University or its community.
2. The Office of Student Conduct, or designee, shall have the sole authority to make a final determination on the appropriate interim action, and it may select any action from all of the available actions that it finds appropriate under the circumstances at issue. Whenever an interim action is imposed, the Office of Student Conduct will convene the formal student conduct process as soon as possible pending the normal due process requirements and upon consideration of the circumstances.

D. Investigation of Registered Student Organization Misconduct

1. The University will respond to all complaints of registered student organization misconduct that are found to have merit in a prompt, fair and impartial way, which includes a thorough fact-finding investigation. The responding registered student organization may choose not to provide information on its behalf during the investigation. However, the Investigator may make inferences from participants, including the responding registered student organization or any of its members, who choose not provide information.

E. Investigation Report

1. The Investigator(s) will prepare a written report at the conclusion of an investigation. Investigator(s) will first consider if a reasonable observer would have associated this complaint of misconduct with the registered student organization and then use the preponderance of the evidence standard to determine if misconduct occurred.

F. Notification of Determination and Sanctioning of Registered Student Organization Misconduct

1. The Office of Student Conduct will notify at a minimum the President or representative of the responding registered student organization and the Office of Student Leadership and Engagement of the determination of the investigation and sanctions (if applicable). If the investigative report is deemed inconclusive no sanctioning process will be initiated.

G. Appeal of Determination

1. If the responding registered student organization is found responsible for misconduct, the President, or representative, may file an appeal with the Office of Student Conduct within two business days from receiving the notification of the determination of the Investigator. Appeals shall be limited to a review of the Investigator’s report and the supporting documents submitted with the appeal for one of the following purposes.
   1. To determine whether the original investigation was conducted in conformity with prescribed procedures. If a procedural error occurred, it needs to be sufficient to alter the determination of responsibility of the assigned violation(s).
   2. To consider new information, sufficient to alter a determination by the Investigator regarding responsibility of the assigned violation(s), that was not available at the time of the original investigation, because information and/or facts could not have been known to the responding registered student organization at the time of the investigation.
2. The Vice President for Student Affairs, or designee, in their sole discretion, will determine if the appeal is eligible for review by meeting the criteria outlined above. The Vice President for Student Affairs, or designee, has the authority to render the following determinations based on their limited review:
   1. Deny the appeal based on failure to meet established appeal criteria.
   2. Affirm the determination of the original Investigator(s).
   3. Accept the appeal and refer the case for a re-investigation by a new Investigator(s). The new Investigator(s) will receive all statements given by any parties that were interviewed. This information will be provided to the new Investigator(s) by the Assistant Dean of Students and Director of Student Conduct, or designee. The new Investigator(s) will not receive any determinations from the original report.
3. All appeal determinations are final. The registered student organization’s President or designee and the Office of Student Leadership and Engagement will be notified of the determination within 10 business days of the appeal determination.

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Student Code of Conduct Procedures – Sexual Misconduct and Relationship Violence Procedure(s)

The following procedures are utilized to adjudicate sexual misconduct and relationship violence complaints (XVIII (18). Sexual Misconduct and Relationship Violence) listed under University Policies but not covered under the Title IX (9) Policy. For the process related to other student misconduct allegations, please refer to Student Code of Conduct Procedures - Individual Student(s), and for procedures for alleged misconduct by registered student organizations, please see Student Code of Conduct Procedures - Registered Student Organization(s).

A. Complaints of Sexual Misconduct and Relationship Violence:

1. Anyone may report complaints in writing of sexual misconduct and relationship violence directly to the Office of Student Conduct. Complaints may also be filed on behalf of The University by the Office of Student Conduct. Complaints of misconduct will be reviewed by the Assistant Dean of Students and Director of Student Conduct, or designee, who is responsible for the administration of the Student Conduct process.
2. The Assistant Dean of Students and Director of Student Conduct, or designee, may conduct a preliminary inquiry to determine if the complaint has merit. If the complaint of sexual misconduct and relationship violence is found to have merit, an investigation will be commenced to determine if the conduct has violated University policy. The Office of Student Conduct reserves the right to reopen a preliminary inquiry in the event new information becomes known regarding the alleged conduct that was not known to the Office of Student Conduct at the time of the initial preliminary inquiry.

B. Interim Actions

1. The Office of Student Conduct may impose interim actions prior to a sexual misconduct and relationship violence investigation. Interim actions will be imposed in the following circumstances:
   1. To ensure the safety and well-being of members of the University community or preservation of university property;
   2. To ensure a student’s and or registered student organization’s own physical or emotional safety and well-being;
   3. To ensure the integrity of the investigative and/or student conduct process;
   4. If a student poses a threat of disruption of or interference with the normal operations of The University; or
   5. Any other circumstances where the Office of Student Conduct determines, in its sole discretion, the interim actions to be in the best interest of The University or its community.
2. The Office of Student Conduct shall have the sole authority within its discretion to make a final determination on the appropriate interim action, and it may select any action from all the available actions that it finds appropriate under the circumstances at issue. Whenever an interim action is imposed, the Office of Student Conduct will convene the formal student conduct process as soon as possible in compliance with the normal due process requirements and upon consideration of the circumstances. Students who have an interim suspension can request a review within two (2) business days of the effective date of the interim suspension, unless circumstances warrant an extension. The Assistant Vice President for Student Affairs and Dean of Students and/or designee will conduct a review of any submitted material by the student who has been interim suspended and, within five (5) business days after receipt of the materials, render a determination that the interim suspension is supported, modified, or revoked. Interim suspension reviews are not automatic and must be requested in writing by the student by the deadline listed in the interim suspension letter. Registered Student Organizations do not have the right to have an interim suspension reviewed.

For more information on Interim Actions please refer to Interim Actions and Sanctioning.

C. Notification of Sexual Misconduct and Relationship Violence Investigation

1. The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the Complainant party of the alleged Sexual Misconduct and/or Relationship Violence policy violation. A meeting will be scheduled with the Assistant Dean of Students and Director of Student Conduct, or designee, and the Complainant party. The Complainant party will be notified at least one (1) business day prior to the scheduled meeting. The Complainant party may bring an advisor to this meeting. The Complainant party may submit a written complaint detailing the allegation of sexual misconduct and relationship violence at the conclusion of this meeting.
2. The Assistant Dean of Students and Director of Student Conduct, or designee, will notify the responding student of the alleged Sexual Misconduct and/or Relationship Violence policy violation. A meeting will be scheduled with the Assistant Dean of Students and Director of Student Conduct, or designee, and the responding student. The responding student will be notified at least one (1) business day prior to the scheduled meeting. The responding student may bring an advisor to this meeting. At this meeting, the responding student will be able to review the written complaint of sexual misconduct and relationship violence if provided by the Complainant party and any other relevant information surrounding the allegation.
3. The Assistant Dean of Students and Director of Student Conduct, or designee, will assign the Investigator(s) who will investigate the allegations of sexual misconduct and/or relationship violence. Upon the assignment of Investigators to the sexual misconduct and relationship violence complaint, The Office of Student Conduct will strive to complete its investigation in a timely manner. If the Office of Student Conduct is unable to complete the investigation within a timely manner the Assistant Dean of Students and Director of Student Conduct, or designee, will provide an update to the Complainant and Respondent(s) detailing the reasons for the delay.

D. Investigation of Sexual Misconduct and Relationship Violence

1. Investigations will consist of a thorough fact-finding investigation. Throughout the process, the Complainant and Respondent(s) may have an advisor present for all required meetings with Investigators.
2. University Investigators will conduct interviews with appropriate parties that can provide information regarding the alleged violation of the Sexual Misconduct and Relationship Violence policy. After initial meetings with the Complainant and Respondent, Investigators will provide each party an opportunity to review their own individual statements made to Investigators during their individual meetings. The Complainant and Respondent parties will have two (2) business days from receipt of their initial meeting summary to submit comments on their individualized statements. These statements will not be eligible for editing after the release of the preliminary report.

E. Investigation Report

1. The Investigator(s) will prepare a preliminary written report at the conclusion of their initial fact-finding and then a final written report at the conclusion of their investigation. The Complainant(s) and Respondent(s) may review the Investigator’s preliminary report. The preliminary report will contain all information deemed relevant by Investigators during their investigation without the Investigator’s summary of findings including statements from relevant witnesses. The Complainant(s) and Respondent(s) will be scheduled for a meeting with the Assistant Dean of Students and Director of Student Conduct, or designee, to facilitate the review of the preliminary report. A Complainant or Respondent must submit any comments including any additional questions for any parties interviewed within two (2) business days after reviewing the preliminary report.
2. Following the receipt of any comments submitted, or after the two (2) business day period has lapsed without comment, the Investigator(s) will address any relevant questions parties may have, and identify factual inaccuracies or misunderstandings at their discretion and complete a final written report. The Investigator(s) will provide a final report that includes a determination regarding whether a sexual misconduct and relationship violence policy violation occurred. Investigator(s) will use the preponderance of the evidence obtained in the investigation to make their determination. This final report will be submitted to the Office of Student Conduct. The Complainant(s) and Respondent(s) will be scheduled for a meeting with the Assistant Dean of Students and Director of Student Conduct, or designee, to facilitate review of the final report.

G. Notification of Determination of Policy Violation and Sanctioning of Sexual Misconduct and Relationship Violence Violations

1. The University of Tampa will notify the Complainant(s) and Respondent(s) of the determination of the policy violations and sanctions (if applicable) simultaneously. In instances where the Respondent(s) are determined responsible for sexual misconduct and relationship violence, the University will initiate a sanctioning process.

For information regarding sanctions please refer to Interim Actions and Sanctioning.

H. Appeal of Determination of Policy Violation

1. Either party (Complainant or Respondent) may appeal the determination of responsibility by the Investigator(s). Parties may file an appeal to the vice president of Student Affairs and dean of students within two (2) business days of the determination to their university e-mail. A party may only seek an appeal within these specific guidelines.
   1. To determine whether the original investigation was conducted in conformity with prescribed procedures. If a procedural error occurred, it needs to be sufficient to alter the determination of the violation(s) of the case.
   2. To consider new information, sufficient to alter a determination of violation(s), that was not available at the time of the original investigation, because information and/or facts could not have been known at the time of the investigation.
2. The Assistant Vice President for Student Affairs, or designee, in their sole discretion, will determine if the appeal is eligible for review by meeting the criteria outlined above. The Assistant Vice President for Student Affairs, or designee, has the authority to render the following determinations based on their limited review:
   1. Deny the appeal based on failure to meet established appeal criteria.
   2. Accept the appeal and affirm the determination of the original Investigator(s).
   3. Accept the appeal and refer the case for a re-investigation by a new Investigator(s) due to a procedural error during the investigation process. The new Investigator(s) will receive all statements given by any parties that were interviewed. This information will be provided to the new Investigator(s) by the Assistant Dean of Students and Director of Student Conduct, or designee.
3. All appeal determinations are final. Students will be notified within ten (10) business days of the appeal determination via their university e-mail.