Level 2 Case Outline
After an incident occurs, an official report is first filed with the Office of Student Conduct and a case is opened. Cases in which possible sanctions include more than two years’ disciplinary probation, final probation, suspension, expulsion and/or removal or relocation from University housing are designated as Level 2 cases.
In a Level 2 case, the process is as follows:
- The accused student (known as "respondent") meets with a Student Conduct administrator.
- The Office of Student Conduct begins investigation, which might include gathering documentary evidence or witness testimony.
- If insufficient information is found during the investigation, there will be no charges and the case will be closed. The respondent will be notified in writing.
- If sufficient information is found, the respondent is sent a charge letter and given all pertinent evidence in a numbered packet.
- If the respondent accepts responsibility for the specified rule violations, they will sign an Administrative Agreement. The case will be closed and the agreed upon sanctions will be enacted.
- If the respondent does not accept responsibility, a student conduct hearing will be held with the respondent and a Level 2 Student Conduct Board.
- If the respondent is found not responsible by the hearing board, they will be notified of the outcome and rational, and the case will be closed.
- If the respondent is found responsible by the hearing board, they will receive a letter explaining the outcome and rationale, as well as instructions and a deadline for submitting an appeal.
- An appellate officer or board will review the written record and the recording of the hearing before making a determination on the appeal. Appeals are not held in person. When reviewing an appeal, the board or office can: affirm the finding and sanction, affirm the finding but modify the sanction, assign the case to a new hearing board, or dismiss the case altogether. Appealing students will be notified in writing as to the outcome of their appeal.
Level 2 Hearing Outline
Prior to the start of the hearing, the Student Conduct Board reviews all written materials submitted for the hearing.
Hearings are conducted in two phases and generally include:
Phase 1: Finding
- Introduction
- Review of rules
- Opportunity for respondent to object to any board members
- Reading of allegations
- Review of documents
- Investigator statement summarizing investigative process and findings
- Statement from respondent (optional)
- Questions by the hearing board
- Questions from investigator and respondent
- Witness participation as deemed appropriate by the board
- Final statement from the respondent
At the conclusion of this phase of the hearing the board goes into a closed session to deliberate. Decisions regarding responsibility are made based on the Preponderance of the Evidence standard. Once the board reaches a decision the respondent is notified. If the board finds the respondent responsible, the hearing reconvenes and moves into the sanctioning phase. Whenever possible, this will occur on the same day.
Phase 2: Sanctioning
- Statement from the student
- Questions from the board
- Information from others as deemed necessary by the board
- At this point in the process the respondent may provide the board with character statements, though character witnesses will not be needed in person at the hearing
- Upon conclusion of the sanctioning phase the board again goes into a closed session to deliberate on sanction
- The respondent will be notified, in writing, of the hearing outcome including sanctions and rational for the board's decision
Note: For detailed information regarding the procedures for cases involving sexual assault, sexual harassment, domestic violence, dating violence or stalking, see the Code of Student Conduct and the University's Title IX Grievance Policy.
