Conduct Procedures
Any member of the College community wishing to report an alleged incident of misconduct under this Code may make such report to the Chief Conduct Officer for review. The Chief Conduct Officer will determine whether action should be taken in response to a report. This determination may result in the report being assigned to a conduct officer for investigation or in assignment to the appropriate board or council for a hearing. Reports of alleged misconduct which meet the criteria for medical amnesty may be resolved as outlined within the Medical Amnesty Policy.
Residential Education and Services will notify a student in writing 48 hours prior to a scheduled investigation meeting or adjudicating hearing. Failure to attend an investigation meeting will result in a hearing on the alleged misconduct before either a conduct officer or the appropriate board. Failure to attend a hearing will result in the board making a decision on the alleged misconduct without the benefit of the respondent's involvement.
Reports of alleged sexual harassment and sexual misconduct will be resolved as outlined within the Sexual Misconduct Policy.
For cases assigned to a conduct officer for investigation, a preliminary meeting shall occur between a conduct officer and the respondent to review the report as well as to gather the respondent's perspective on the incident. The conduct officer will explain the conduct process and also help the student understand the charges that the student allegedly violated. The purpose of this meeting is make personal contact with the respondent and to determine if the student plans to accept or deny responsibility for the given charges. Oxford College believes that this one-on-one meeting can help all students become more comfortable with the sometimes overwhelming process.
The Chief Conduct Officer, once provided with the information from the investigation meeting, will recommend that the Peer Review Board or the Oxford College Conduct Board adjudicate the case depending on the severity of the charges and prior record of the student involved. The Peer Review Board will be assigned less severe cases where separation from the college are not appropriate outcomes. The College Conduct Board will hear cases not assigned to the Peer Review Board. In more severe or sensitive cases, the Oxford College Administrative Council may also be assigned the case. The use of the Administrative Council will be determined by the Dean of Campus Life. The Dean of Campus Life or the Chief Conduct Officer may also choose to assign a student to meet with a Conduct Officer for a meeting and/or an adjudicating hearing.
Purpose of a Hearing
The purpose of a hearing is to examine the report of misconduct, make a determination of responsibility and, if appropriate, assign sanction(s) for the case.
Procedures and Rules
The proceedings shall be non-adversarial in nature. The Chair of the Board will preserve the non-adversarial nature of the hearing. Examples would be monitoring questions asked by members of the Board and the accused receiving all pertinent information before the hearing.
Hearing proceedings will not be recorded by the college and students are prohibited from using any audio recording device during the proceeding.
The Chair shall determine the admissibility of all evidence and testimony, as well as the relevance of all questions. This determination shall be based on relevance. Rules of evidence applicable to criminal or civil court proceedings shall not apply.
In situations where multiple students are alleged to have violated the Code based on their behavior in one incident, the Peer Review Board and Conduct Board may, at its discretion, hold a joint hearing for all of the respondents. In a joint hearing, all information and testimony are reviewed and available for all respondents. The boards make a separate finding for each student regarding responsibility and sanctions, if any.
Attendance
The respondent shall have the right to be present at all times during the hearing, except when the Board or Council enters into deliberations.
Failure on the part of the respondent, complainant, advisor, or witnesses to attend this hearing will result in the hearing body making a decision on the alleged misconduct without the benefit of the respondent's involvement, the advisor's support, or witnesses' testimony.
Witnesses
The College may require any enrolled student to attend and to give testimony relevant to the case under consideration. Signed, written statements of witnesses who cannot attend the hearing may be accepted at the discretion of the Chief Conduct Officer. The College may request the attendance of a faculty or staff member, or alternatively request that a faculty or staff member furnish a written statement. Failure to comply with a request of attendance by the board may result in a failure to comply violation.
Findings
For all cases, the standard that shall be used to determine the respondent's responsibility is preponderance of evidence.
After all admissible evidence has been reviewed, the Oxford College Conduct Board shall deliberate to decide the case. For cases assigned to the Oxford College Conduct Board, the respondent shall be found responsible or not responsible by a majority vote (4-2) for each alleged violation. For cases assigned to the Peer Review Board, the respondent shall be found responsible or not responsible by a majority vote (3-2).
If the respondent is found responsible, the conduct officer or the board shall deliberate to make an assignment of sanction(s). At this time, the board will take into consideration previous violations that resulted in a responsible finding and the sanctions assigned. The sanctions assigned shall be determined by a majority vote.
At the conclusion of the process the student will be notified in writing of the outcome of his or her case by the Chief Conduct Officer or his/her designee for cases assigned to the Peer Review Board and the Dean of Campus Life for cases assigned to the Conduct Board.
Conduct Officers
The Dean of Oxford College shall appoint conduct officers as he/she deems advisable for the effective maintenance of the conduct process. Conduct officers shall be authorized to investigate and adjudicate all conduct cases arising under this Code.
Boards and Councils
The Dean of Oxford College will establish councils and boards, as he/she deems advisable for the effective implementation of the conduct process. The pool of faculty, staff and student members will be from Oxford College.
The following standing boards and councils are established:
Oxford Conduct Board
1. Jurisdiction: the Oxford Conduct Board is established as the general hearing body for all allegations of severe conduct violations as determined by the Chief Conduct Officer. Such violations include, but are not limited to, repeat alcohol violations, drug violations and significant property damage.
2. Membership: the Oxford Conduct Board shall be comprised of the following members:
a. A Chair, who shall be the Chief Conduct Officer, or his/her designee. The Chair does not vote except in cases of a tie regarding sanctions;
b. Two faculty or staff members;
c. Four students and;
d. Student Conduct Solicitor. The Solicitor does not vote.
Peer Review Board
1. Jurisdiction: the Peer Review Board is established as the hearing body for allegations of minor conduct violations as determined by the Chief Conduct Officer. Such violations include, but are not limited to, minor instances of vandalism, some residence hall policy violations, and minor alcohol violations.
2. Membership: the Peer Review Board shall be comprised of the following members:
a. A Chair, who shall be the Chief Conduct Officer, or his/her designee. The Chair does not vote.
b. Five students.
Oxford Administrative Council
1. Jurisdiction: the Oxford Administrative Council is established as the general hearing body for specific conduct cases deemed appropriate by the Dean for Campus Life.
2. Membership: the Oxford Administrative Council shall be comprised of the following members:
a. A Chair, who shall be the Chief Conduct Officer, or his/her designee. The Chair does not vote.
b. Three faculty or staff members.
Appointments
The appointment of conduct officers as well as chairs, faculty and staff to each of the hearing bodies shall be for a period of one academic year. Faculty and staff appointments shall be made by the Dean of Oxford College. Student appointments shall be made by the Chief Conduct Officer and Dean for Campus Life. Appointments may be renewed at the discretion of the Dean for Campus Life.
If a sufficient number of board or council members are not available, substitutes may be appointed by the Dean of Oxford College and/or Dean for Campus Life.
While participating in hearings, complainants and respondents shall have the following rights. A respondent may elect to waive some or all of these procedures and rules. Such an election must be made in writing to the Chief Conduct Officer.
a. The right to a written notice of charges.
b. The right to a list of witnesses who will be asked by the College to testify at a hearing as well as the opportunity to review all written evidence.
c. The right to present evidence, or to call witnesses not already called by the College to testify or submit written statements. All witnesses must have the prior approval of the Chief Conduct Officer. It is the responsibility of the respondent to notify any additional witnesses not called by the College of the time, date, and location of the hearing.
d. The right to suggest questions for the conduct officer or Chair of the Board to pose to a witness. The officer or Chair of the Board has the discretion to decline to ask a question if he or she deems it not relevant.
e. The right to receive assistance from an advisor who is a current member of the Oxford College community (faculty or staff) and who may be present. In general, advisors are only allowed on behalf of a respondent during College Conduct Board hearings or Administrative Councils and not during administrative meetings or Peer Review Board hearings.
f. The right to be present at the hearing until such time as the conduct officer or the board/council retires to deliberate.
To protect the educational and non-adversarial nature of the conduct process, guidelines for participation of advisors will be strictly enforced. In general, participation of advisors is only allowed on behalf of respondents or complainants during conduct board hearing proceedings and not during administrative hearings or peer review board. Requests to have advisors present during other elements of the conduct process may be granted at the discretion of the Chief Conduct Officer. At all times, advisors must follow the guidelines for their participation.
The term advisor is defined as a current faculty or staff member of the Oxford College community who provides assistance to a respondent or complainant at that student's request during a formal hearing. The role of the advisor is to support the student. An advisor may not play an active role such as giving statements or questioning witnesses. An advisor may not speak for or on behalf of the student. A student may consult with his/her advisor during breaks in the hearing, or an advisor may make whispered or written comments to the student during the hearing, provided such comments do not interfere with the hearing process.
In determining appropriate sanctions, consideration may be given to:
- the nature of, severity of, and circumstances surrounding the violation,
- the student's acceptance of responsibility;
- conduct history of the student and;
- the impact of a sanction on a student.
Conduct officers, boards and councils determine sanctions for students who have accepted responsibility or been found in violation of this Code.
The following sanctions, singularly or in combination, may be imposed upon any student found to have violated this Code.
Administrative Sanctions
Expulsion
permanent separation of the student from the institution. An expelled student will be removed from all classes and not permitted to re-enroll. Expelled students may be barred from campus following their expulsion.
Suspension
temporary separation of the student from the institution for a period of time.
Interim Suspension
a suspension given by the Dean of Campus Life pending an investigation and/or adjudication of the incident. A student will not be permitted to attend class and may be removed from campus housing.
Dismissal
a separation of the student from the institution. A dismissed student will be removed from all classes and not permitted to re-enroll while the dismissal is in effect. Dismissal may either be definite, for a specific period of time, such as a number of semesters or indefinite, the dismissal is in effect until certain conditions are met by the student that allow for readmission. Dismissed students may be barred from campus and/or from utilizing campus services during the term of their suspension.
Conduct Probation
formal recognition that the student is not currently in good disciplinary standing with the College. Probation may impact the student's eligibility to participate in certain programs (ie: student organizations, leadership roles, campus events) or services. Probation may either be definite, for a specific period of time, such as a number of semesters or indefinite, the probation is in effect until certain conditions are met by the student that allow for conduct probation removal. Conduct probation becomes a part of a student's permanent file.
Written Reprimand
a notice in writing to the student that the student has violated institutional regulations and must cease and not repeat the inappropriate action and future misconduct may lead to a more severe penalty. The reprimand remains on a student's record until a future date set by the Board/Council or Conduct Officer. This can affect sanctioning of future violations.
Warning
a notice in writing to the student that the student has violated institutional regulations and must cease and not repeat the inappropriate action.
Loss of Privileges
denial of specified privileges for a designated period of time. This sanction may include, for example, denial of the right to represent the College in such things as student leadership capacities or sports teams, denial of the use of campus facilities, or denial of parking privileges, or loss of privileges to participate in organizations, activities, or events.
Residence Hall Restriction/Relocation
Prohibited from entering residence halls or being moved from one residence hall to another.
No Contact Order
prohibition against having any form of contact with another student for a defined period of time. Such contact includes in person communications, telephone calls, e-mails, or sending messages through a third party.
Restitution
compensation for loss, damage, or injury. This may take the form of service, monetary compensation or material replacement.
Mandated Administrative Tasks
completion of a specific number of hours of administrative tasks. Typically this service is to the college community.
Educational Projects/Initiatives
projects, classes or assignments designated to educate a student in connection with the effects of his/her behavior.
Meeting(s) with the Health Educator
. The student will meet with the health educator and follow all recommendations, which may include additional assignments and/or meetings.
Meeting with a RES Professional Staff Member.
The student will meet with a RES professional staff member to discuss their choices and behavior related to the incident.
Interview and Reaction:
Student must interview a relevant member of the College community and write a paper reflecting on the interview and how it relates to their choices regarding the Code.
Media Assignment:
Student must create a banner/flyer/bulletin board regarding a topic that is relevant to the violation.
Letter of Apology.
Student must write a letter of apology to whomever was affected negatively by their behavior.
Reflection Paper/Essay:
Student is required to write at minimum, a 1,000 word essay. The topic of this essay can vary, based on the situation and the specific facts of the case.
Fines
monetary fine sanctions depend on severity and the degree of the infraction.
Other
other sanctions as deemed appropriate by a hearing body/conduct officer and approved by the Chief Conduct Officer.
The College reserves the right to place a hold on the diploma, degree certification, official transcripts, or registration of the respondent even though he or she may have completed all academic requirements. The diploma, degree certification, official transcripts, or registration may be withheld until any allegations of misconduct are resolved and/or sanctions as well as other conduct obligations completed.
The following sanctions will automatically be documented in the student's Personal Performance Record, commonly referred to a student's conduct record:
- Expulsion
- Dismissal
- Suspension
- Conduct Probation in cases involving serious behavior and/or repeated offenses, where a decision is made to include a permanent notation on the student's Personal Performance Record
- Reprimand
When a student is subjected to any of the actions indicated above, a record of the case will be retained by the Dean for Campus Life. If the student is subsequently found responsible for any violation of the Conduct Code, a record of all previous disciplinary findings of "responsible" for any violation will be provided to the hearing Board. The previous record will be considered in deciding the proper disciplinary action to be taken, but only after responsibility is determined.
Students found responsible and assigned sanctions of conduct probation, suspension or expulsion may be ineligible for scholarships and other forms of financial aid administered by the College, campus leadership positions, participation in collegiate events/programs and the opportunity to participate in a study abroad program.
The Dean of Oxford College will receive all appeals to cases resolved under the code.
The respondent may appeal findings of responsibility and/or sanctions. To initiate an appeal, the respondent must submit a written statement of the specific reason(s) for appeal to the Chief Conduct Officer or to the Dean of the College within five business days of receipt of the hearing decision. The Chief Conduct Officer will give the appeal and all relevant case information the Dean of the College.
The Dean of the College will review the documents pertaining to the case to determine:
- Whether the hearing was conducted in accordance with the procedures outlined in this Code of Conduct.
- Whether the interpretation of the Code was appropriate.
- Whether the sanction(s) imposed were appropriate.
- Whether new, relevant information has been discovered that could affect the outcome of the case.
After reviewing the documents pertaining to the case, the Dean of the College will issue a written response to the student within a reasonable period of time from the receipt of the request for review. The Dean of the College shall recommend one of the following courses of action:
- Affirm the hearing decision and affirm the recommended sanction(s).
- Affirm the findings of the hearing decision, but impose a different set of sanction(s), which may be of lesser severity.
- Remand the case to the Chief Conduct Officer to assign a hearing body to conduct a new hearing.
This decision by the Dean of the College shall be final.
Administrative Council
comprised of a Chair and three faculty or staff members of Oxford College and adjudicates specific conduct cases deemed appropriate by the Dean for Campus Life.
Administrative sanction
impact a student's status with the College.
Advisor
an Oxford College faculty or staff member whom a student charged with misconduct may seek for advice. This person may also be present at any hearings on the matter.
College
refers to Oxford College of Emory College.
College official
means any person employed by the College, including but not limited to Resident Assistants, Residence Life Coordinators, law enforcement officers, and other administrative and professional staff.
College premises
buildings or grounds owned, leased, operated, controlled, affiliated with, or supervised by the College.
College-sponsored activity
any activity, on or off campus, that is initiated, aided, authorized, or supervised by the College.
Complainant
refers to the accuser and can be used to refer to a person, a group, or the College. When the complainant is a group, any one of the following may be appointed by that body to represent it the College, an entity, or a single person, provided that person is a member of the Oxford College community.
Conduct Board
comprised of a Chair, two faculty or staff members, four students, and a student conduct solicitor and adjudicates cases of a more serious nature such as drugs, repeat alcohol violations or cases deemed appropriate by the Chief Conduct Officer.
Conduct Officer
any person(s) authorized by the Chief Conduct Officer to hold preliminary meetings, conduct investigations, hold conduct hearings, and determine whether a student has violated the Code as well as recommend sanctions.
Dean of the College and Dean for Campus Life
references to the Dean include his or her designee.
Educational sanction
requires a student to become actively engaged in a process which will challenge allow him/her to reflect upon the incident and learn a number of things.
Hazing
any activity expected of someone joining a group or organization (or to maintain full status in a group or organization) that humiliates, degrades or risks emotional or physical harm, regardless of the person's willingness to participate. Apathy or acquiescence in the presence of hazing are not neutral acts; these are violations.
Hearing body
any person(s) authorized by the Dean for Campus Life to hold a disciplinary hearing, to determine whether a student has violated the Code, and to recommend sanctions. This term includes the College Conduct Board, the Peer Review Board, Administrative Council and conduct officers.
Notify in writing (transmit in writing)
to send via electronic mail to student's Emory e-mail address, to mail (U.S. or campus) written notice to the student's most recent address of record, or to hand deliver written notice to the student.
Peer Review Board
comprised of a Chair and five students and adjudicates cases of minor policy violations such as noise or alcohol or cases deemed appropriate by the Chief Conduct Officer.
Preponderance of evidence
more likely than not that a violation occurred.
Respondent
refers to the accused student. This term may be used interchangeably with accused or accused organization.
Student
any person pursuing undergraduate studies at Oxford College. At the discretion of the Dean for Campus Life, the term may be extended to mean (1) a person not currently enrolled who was enrolled in the fall, spring, or summer term preceding the alleged violation, or (2) a person who, while not currently enrolled, has been enrolled in Oxford College and may reasonably seek enrollment at a future date, or (3) a person who has applied or been accepted for admission to Oxford College and may reasonably be expected to enroll.
Weapon
any object or substance designed to inflict a wound, cause injury or incapacitate, including, but not limited to, all firearms, airsoft guns, stun guns, bows and arrows, explosives, pellet guns, BB guns, switchblade or gravity knives, clubs, blackjacks or brass knuckles, or ice picks.
Limitations Regarding Rehabilitation
The College is not designed or equipped to rehabilitate students who do not abide by this Code. It may be necessary to remove those students from the campus and to sever the institution's relationship with them, as provided in this Code.
Interpretation
Any question of interpretation or application of this Code shall be referred to the Dean of Campus Life, the Chief Conduct Officer or their designee for final determination.
Confidentiality, Maintenance, and Retention of Record
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. Conduct records may be shared within the College with those individuals with an educational need to know, as provided by FERPA. To the extent permitted or required by law, the complainant or victim may also receive notice of the outcome of the conduct process. Students should be aware that the outcome of conduct proceedings may result in actions by other departments of the College over which the Chief Conduct Officer has no direct control. Student conduct records may be also released to other institutions as permitted or required by FERPA.
The Chief Conduct Officer shall:
- Maintain files on all undergraduate student conduct reports, records, and hearing proceedings.
- Be the official custodian of records relating to the non-academic misconduct of undergraduate students;
- Retain records of all conduct cases that result in a finding of responsibility for at least the entire tenure of a student's enrollment with the College; and
- Establish additional policies regarding the retention and maintenance of student conduct records, and such policies shall conform to established College policies on record retention.
Nature of and Changes to the Code
Nothing in this document constitutes a contract or creates a contractual obligation on the part of Oxford College. The College reserves the right to interpret and apply its policies and procedures, and to deviate from these guidelines, as appropriate in the particular circumstances and in accordance with the mission and goals of the College. The College further reserves the right to alter or modify any statement contained in this document without prior notice.