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Student Conduct Code

Procedures - University of Hawaii at Mānoa

Procedures - University of Hawaiʻi at Mānoa

Student Conduct Code Procedures

University of Hawaiʻi at Mānoa  April 2019

I. Reporting & Investigation of Violations

Any UH community member may file reports against a student for alleged violations of the Student Conduct Code. All reports of violations of the Student Conduct Code shall be submitted to the Student Conduct Administrator or designee in writing and signed by the Reporting Party. In emergency or exigent situations, the Student Conduct Administrator or designee may proceed initially without a written report.

  1. Statute of Limitations

    Potential violations of the Student Conduct must be reported to the Student Conduct Administrator or designee within 120 days of the incident. Exceptions to this can be made at the discretion of the Student Conduct Administrator.
  2. Investigation

    Upon receiving a report that an alleged violation of the Student Conduct Code has occurred, the Student Conduct Administrator or designee will review the report to determine if the allegations have merit. If it is found that the alleged behavior does not constitute a potential violation of the Student Conduct Code, the Student Conduct Administrator or designee may dismiss or attempt to administratively resolve the matter. Such disposition shall be final and there shall be no subsequent proceedings. If the Student Conduct Administrator or designee concludes that there is a potential violation of the Student Conduct Code, the Student Conduct Administrator or designee shall initiate an investigation.

    The student(s) accused of misconduct will be notified in writing of the alleged violations and provided an opportunity to meet with the Student Conduct Administrator or designee to discuss the alleged violations. If a Responding Party chooses not to respond to the alleged violations or otherwise participate in the process, the Student Conduct Administrator or designee has the authority to render a decision and impose sanctions.

    Both the Reporting Party and Responding Party may be assisted by an advisor of their choice, at their own expense. The advisor may be a member of the campus community and may not be an attorney unless provided otherwise herein. The Responding Party is responsible for presenting their own information, and therefore, advisors are not permitted to speak during or to participate directly in an investigation. A Responding Party should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the investigatory meeting because delays will not normally be allowed due to the scheduling conflicts of an advisor. If a Responding Party is also the subject of a pending criminal matter arising out of the same circumstances, they may be allowed to have an attorney serve as their advisor, at their own expense, to behave in the same manner as any other advisor above. In the event that an attorney is present as an advisor, an attorney from the Office of General Counsel may also be present to assist the Student Conduct Administrator or designee.
  3. Determination of Charge and Administrative Decision

    If, following the investigation, the Student Conduct Administrator or designee finds that the existing information fails to support the alleged violation or the report is frivolous, no action will be taken against the Responding Party; thus, the case will be dismissed.

    If the Student Conduct Administrator or designee determines that it is more likely than not that the Responding Party violated the Student Conduct Code, they will render a decision and sanctions.

    The Responding Party will be informed in writing of the decision and sanction(s). Documentation will be filed into the student’s disciplinary record.

    The Reporting Party is provided notification that the investigation has concluded.
  4. Process for Dealing with Academic Dishonesty

    In cases of suspected or admitted academic dishonesty, the instructor involved shall attempt to resolve the matter with the student. Actions may include allowing the student to redo the assignment or giving a failing or reduced grade for the course. Instructors are encouraged to bring the matter to the attention of the departmental chairperson and/or academic dean of the instructor’s school or college, and provide an informational report to the Student Conduct Administrator. Additionally, an instructor may formally refer any case of academic dishonesty to the Student Conduct Administrator for action under the Student Conduct Code. The Student Conduct Administrator or designee shall pursue such cases to determine appropriate disciplinary actions if, after a preliminary investigation, it is their determination that sufficient information exists to establish that an act of academic dishonesty took place.

II. Sanctions

Sanctions imposed under the Student Conduct Code are intended to be primarily educational in nature and should be commensurate with the violations found to have occurred.

Sanctions, which include but are not limited to the following consequences listed below, may be imposed upon a student found responsible for violating the Student Conduct Code. One or more of the following consequences may be imposed for any single violation when a student has been found to have violated the Student Conduct Code:

  1. Written Reprimand - A notice in writing to the student that they are violating or has violated institutional policies and that continuation of specified behavior may be cause for more severe disciplinary sanctions.
  2. Probation - Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating institutional policies during the probationary period. While on probation, the student is expected to demonstrate the ability to function as a responsible member of the campus community.
  3. Loss of Privileges - Denial of specified privileges for a designated period of time.
  4. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  5. No Contact - Formal instruction to refrain from contact with related parties. This includes, but is not limited to, in-person, by telephone, email, or text message; contact or reference on social media or other electronic means of communication, verbal, or written interactions, non-verbal gestures, "looks," and any other means of communication and/or contact and contact through a third party (other than attorney-to-attorney communication) such as a friend, family member, co-worker, classmate, teammate, faculty, staff or other.
  6. Other Sanctions - Work assignments, essays, and/or service to the campus community; assessments; participation in alcohol or other drug education programs; restorative justice activities; or other related assignments imposed at the discretion of the Student Conduct Administrator or designee.
  7. Suspension - Suspension from the University of Hawaiʻi at Mānoa for a specified period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  8. Dismissal - Permanent dismissal of the student from the University of Hawaiʻi at Mānoa.
  9. Revocation of Admission and/or Degree - Revocation of admission to or a degree awarded from the University of Hawaiʻi at Mānoa for fraud, misrepresentation, or other violation of UH standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
  10. Withholding Degree - University of Hawaiʻi at Mānoa may withhold awarding a degree otherwise earned until the completion of the process set forth herein, including the completion of all sanctions imposed, if any.
  11. Sanctions for RIOs and Other Student Groups/Organizations - When a student organization is found responsible for violating the Student Conduct Code, the University of Hawaiʻi at Mānoa may take action not only against the student(s) involved, but also against the organization itself. Sanctions, including those listed below, may be imposed upon RIOs and other student groups or organizations:
    1. Those sanctions listed above and below;
    2. Loss of associated benefits and privileges of RIO designation for a specified period of time;
    3. Deactivation - Loss of all privileges, including University of Hawaiʻi at Mānoa recognition, for a specified period of time.
  12. Interim Suspension - In certain circumstances, the Student Conduct Administrator, or a designee, may impose a University of Hawaiʻi at Mānoa or residence hall suspension prior to the Student Conduct Administrator’s investigation and decision.
    1. Interim suspension may be imposed for the following reasons, including but not limited to: a) to ensure the safety and well-being of members of the University of Hawaiʻi at Mānoa community or preservation of University of Hawaiʻi at Mānoa property; b) to ensure the student’s own physical or emotional safety and well-being; c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University of Hawaiʻi at Mānoa; or d) to ensure the orderly business of the University of Hawaiʻi at Mānoa.
    2. During the interim suspension, a student shall be denied access to the residence halls and/or to the University of Hawaiʻi at Mānoa (including face-to-face and online classes when appropriate) and/or all other designated campus facilities, activities or privileges for which the student might otherwise be eligible, as the Student Conduct Administrator or designee may determine to be appropriate.
    3. The interim suspension does not replace the regular disciplinary process described herein, which shall proceed accordingly. The student will be notified in writing of the interim suspension and the reasons for it, as well as the duration of the suspension.

III. System Applicability of Sanctions

Students who have violated the UH System-wide Student Conduct Code may be subject to additional system-wide disciplinary sanctions as described in Executive Policy EP 7.205, Systemwide Student Disciplinary Sanctions. In situations where the conduct case involves multiple campuses, sanctions may apply at one or all campuses involved.

IV. Disciplinary Records

Disciplinary records shall be retained by the institution for a minimum of seven (7) years from the date of the final disposition of the case. Cases involving the imposition of sanctions of residence hall expulsion, University of Hawaiʻi at Mānoa suspension, University of Hawaiʻi at Mānoa dismissal or revocation or withholding of a degree shall be permanently retained by the University of Hawaiʻi at Mānoa.

V. Appeal of Administrative Decision

The student may submit an appeal in writing to the Student Conduct Administrator or designee within ten (10) calendar days of the date of the written decision for one or more of the following purposes:

  1. New Information: To consider new information or other relevant facts, sufficient to alter a decision, not brought out in the Student Conduct Administrator’s investigation, because such information and/or facts were not known to the student appealing at the time of the Student Conduct Administrator’s investigation, the student appealing could not have discovered such information and/or facts through the exercise of reasonable diligence, and the absence of such information and/or facts was sufficient to have materially and detrimentally affected the outcome.
  2. Procedural Error: To determine whether the Student Conduct Administrator’s investigation was conducted fairly in light of the complaint and information presented, and in conformity with prescribed procedures. Deviations from prescribed procedures will not be a basis for sustaining an appeal unless the deviation(s) resulted in significant prejudice (e.g., there was significant procedural error of a nature sufficient to have materially and detrimentally affected the outcome).
  3. Substantive Facts: To determine whether the decision reached regarding the Responding Party was based on information that, if believed by the Student Conduct Administrator, was sufficient to establish that a violation of the Student Conduct Code occurred.

VI. Appeal Procedure

The student’s written appeal will be forwarded to the Chair of the Student Conduct Appellate Board for appropriate action (please see VI.A.2. Student Conduct Appellate Board Preliminary Review Guidelines).

  1. Student Conduct Appellate Board Composition and Quorum

    The Student Conduct Appellate Board shall have the jurisdiction and the authority to review the Student Conduct Administrator’s investigation and decision involving alleged violations of the Student Conduct Code. The pool of Board members who hear appeals shall consist of the Chair and four (4) voting members constituted as follows:
    • A chairperson: nominated by the Student Conduct Administrator, reviewed and confirmed by the Dean of Students
    • 1 faculty member: nominated by the University of Hawaiʻi at Mānoa Faculty Senate
    • 1 staff member: nominated by the University of Hawaiʻi at Mānoa Staff Senate (as of Fall 2021)
    • 1 graduate student: nominated by the University of Hawaiʻi at Mānoa Graduate Student Organization (GSO)
    • 1 undergraduate student: nominated by the Associated Students of the University of Hawaiʻi at Mānoa
    Of the above pool of board members, the Chair and two (2) members shall constitute a quorum in order for decisions to be made during preliminary reviews and full hearings of appeals. The Chair is a non-voting member unless there is a tie vote.
  2. Student Conduct Appellate Board Preliminary Review Guidelines

    Upon receipt of a written appeal, the Chair of the Student Conduct Appellate Board will:

    Review and act upon the appeal or transmit the appeal to the Board for a preliminary review (to determine whether the appeal meets one or more of the required purposes outlined under V. Appeal of Administrative Decision) and recommendation;

    Notify, in writing, the student of any action on the appeal; and

    In the event of a decision that the appeal meets one or more of the required purposes, hold a hearing.

    The presentation of an appeal is a request by the student to the Board and does not automatically lead to a hearing. Should the Board decide during the preliminary review that the appeal fails to meet one or more of the required purposes, no hearing will be held. A student’s written appeal that fails to meet one or more of the required purposes shall immediately be denied and the Student Conduct Administrator’s decision and sanction(s) shall become final.
  3. Student Conduct Appellate Board Hearing Guidelines

    A date and time shall be set for a Student Conduct Appellate Board Hearing.

    Prior to the hearing, the Responding Party may review written documentation that will be presented during the hearing.

    Personally identifiable information may be redacted.

    The Responding Party shall be informed of the membership of the Student Conduct Appellate Board and may request alternates if they can make a case for bias. The Chair of the Board shall render such decision(s). If the Responding Party presents a claim of bias against the Chair of the Board, the Student Conduct Administrator shall render a decision whether to appoint an alternate Chair of the Board. If any member of the Board feels that their relationship, knowledge or familiarity with the incident in question or the individuals involved would affect their ability to render an impartial decision, the Board member shall recuse themselves.
  4. The Student Conduct Appellate Board Hearing (Appellate Hearing) shall be conducted by a Student Conduct Appellate Board (Appellate Board) according to the following guidelines:

    An Appellate Hearing shall be conducted in private.

    The Responding Party, Reporting Party, and their advisor, if any, shall be allowed to attend the entire portion of the Appellate Hearing at which information is received, excluding deliberations. Admission of any other person to the Appellate Hearing shall be at the discretion of the Appellate Board Chair.

    In an Appellate Hearing involving more than one Responding Party, the Student Conduct Administrator, at their discretion, may permit the Appellate Hearing concerning each student to be conducted either separately or jointly.

    The Responding Party has the right to be assisted by an advisor of their choice, at their own expense. The advisor may be a member of the University community and may not be an attorney. The Responding Party is responsible for presenting their own information, and therefore, advisors are not permitted to speak during or to participate directly in an Appellate Hearing. A Responding Party should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Appellate Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. If a Responding Party is also the subject of a pending criminal matter arising out of the same circumstances, they may be allowed to have an attorney serve as their advisor, at their own expense, to behave in the same manner as any other advisor above.

    Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Appellate Board at the discretion of the Chair.

    All procedural questions are subject to the final decision of the Chair.

    After the Appellate Hearing concludes, the Appellate Board shall determine (by majority vote) whether to uphold or deny the appeal. If an appeal is upheld, the matter shall be returned to the Student Conduct Administrator to re-open the investigation for reconsideration of the original determination and possible reconsideration of the original sanction(s). If an appeal is denied, the matter shall be considered final and binding within the University.

    Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Board proceedings.

    There shall be a single verbatim record, such as an audio recording, of all Appellate Hearings before the Appellate Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the University and no copies shall be made or distributed.

    If a Responding Party, without providing advance notice or explanation, fails to appear at a Hearing, the Hearing shall not take place and the original decision of the Student Conduct Administrator shall stand.

    All decisions of the Appellate Board shall be final and binding within the University.