Radford University

Student Conduct Process

 

Conduct Process for

Student Organizations

 

If an organization is alleged to have violated the Standards of Student Conduct, they will be referred to the Office of the Dean of Students. The Office of the Dean of Students will generally follow the procedures listed below; however, the procedures can be amended if it is deemed appropriate. All findings and sanctions made by Conduct Coordinators or Conduct Boards are recommendations to the Dean of Students who has final approval of all decisions made in the organizational conduct process. The Dean of Students may take administrative action and bypass the listed procedures if necessary to maintain safety and order.

Policies and procedures set forth by individual offices such as the Student Leader Resource Office or the Greek Life Office are regulated by those offices. If those policies and procedures are violated, privileges may be withheld from the organizations that violated them. Greek recruitment violations will be handled by the respective Greek Council, unless the recruitment violation is also a violation of the Standards of Student Conduct. All violations of the Standards of Student Conduct will be referred to the Office of the Dean of Students.

The University reserves the right to take necessary and appropriate action to protect the safety and the well being of the campus community and its members.

Procedures for Handling Conduct Charges for Violations of the Standards of Student Conduct:
1. Any individual may refer an organization to the Office of the Dean of Students for Conduct charges. Conduct Referrals generally will be delivered to the appropriate office within 10 University business days after identification.

2. Upon the receipt of a Conduct Referral, the Conduct Coordinator will determine if sufficient evidence is present for charges to be filed against the alleged organization. If charges are filed, then the alleged organization’s president, faculty advisor, and/or chapter advisor (if a Greek organization) will typically be delivered the charges within 15 University class days of the alleged organization being identified, or completion of the investigation.

Procedures for Resolving Conduct Charges for Violations of the Standards of Student Conduct:
1. Case Resolution: The Conduct Coordinator may offer an alleged organization a case resolution. The Conduct Coordinator will typically meet with the alleged organization’s president and one advisor (non alumni) to review the charges and the options they have available to them to resolve the matter. The alleged organization can have 48 hours to decide which option they would like to utilize to resolve the charges.

a. If an alleged organization accepts responsibility for the alleged offense then the Conduct Coordinator will assign the sanction(s). If the alleged organization does not agree with the sanction(s) they may request that the Dean of Students, review the sanction(s) to determine appropriateness. Requests for review of sanction(s) must be delivered in writing to the Office of the Dean of Students within 48 hours of being assigned the sanction(s) or by 9:00 am on the next University business day if the deadline falls on a weekend.
b. If the alleged organization does not accept responsibility for the alleged offense a Conduct Hearing will then be conducted to determine if the alleged organization is in violation and if so to determine the sanction(s).

2. Conduct Hearing: If an alleged organization rejects or does not attend the Case Resolution or if the Conduct Coordinator does not feel that a Case Resolution is appropriate then a Conduct Hearing will be convened. The Office of the Dean of Students will determine if the Conduct Hearing is dealt with as an administrative hearing or a conduct board hearing.

Conduct Hearing Guiding Principles:
a. An alleged organization’s president or advisor may request a pre-hearing conference prior to their hearing.
b. An alleged organization will have at least 48 hours notice of a hearing or the notice will be posted 5 University business days prior to the hearing.
c. A complete witness list must be turned into the Case Coordinator two University business days prior to the hearing.
d. Organizations may request, in writing, a list of all witnesses and access to all physical evidence.
e. The standard of proof in all conduct disputes is a preponderance of the evidence.
f. No character witnesses or irrelevant behavior will be considered in a hearing.
g. An alleged organization may select an advisor to be present at the hearing that may confer and give advice to the student in a quiet, confidential and non-disruptive manner. An advisor must be a full time Radford University student or a faculty/staff or chapter advisor of the organization. A list of trained advisors is available in the Office of the Dean of Students.
h. An alleged organization may bring to the hearing a maximum of six non-participating observers from the following categories: members and advisers of the organization, representatives of the organization with which the organization is officially affiliated, and attorneys. Non-participating observers are not able to speak or participate during the Conduct Hearing.
i. The Hearing Chair/Officer will determine the applicability of witnesses and decide whether or not witnesses will participate in the hearing process

Appropriate members of the Student Affairs staff and campus conduct system personnel may attend hearings. All persons present excluding Conduct Board members and the hearing chair will be excused from the hearing during periods of deliberation.

Sanctions:
All sanctions are recommendations to the Dean of Students.
If found responsible, the following sanctions may be instituted:
1. Censure or warning.
2. An educational or service task.
3. Restitution.
4. Removal of privileges of facility usage.
5. Conduct probation. Conduct Probation indicates that further violations of university regulations may result in more serious actions. Conduct probation cannot exceed a period of 32 weeks.
6. The forfeiture of profits from unauthorized or illegal activities. These funds shall be donated to either the Radford University Foundation or to a charitable organization as specified by the Case Coordinator or Conduct Board.
7. Prohibit or place restrictions on activities.
8. Suspension of organizational status for a specific period of time.
9. Removal of specific members.
10. Notification of charges and sanctions to the organization’s National Headquarters.
11. Revocation of organizational status.

Appeal Process:
An organization found responsible for a violation of university policy during a Conduct Hearing may request an appeal for one of the following reasons:
• Insufficient evidence that a policy was violated.
• A procedural error in resolving the case.
• Sanction inappropriate for the circumstances of the violation.

An appeal to the Dean of Students must be made in writing within 72 hours, of receipt of the original written decision, or by 9:00 am on the next University business day if the deadline falls on a weekend. Typically a decision will be rendered within five to ten University business days, unless the sanction includes suspension or removal. After review, the Dean of Students may:

• Affirm the finding(s) of the original hearing authority;
• Reverse finding(s) of the original hearing authority;
• Alter the sanction(s) of the original hearing authority;
• Refer the case to an appeal hearing.

The Office of the Dean of Students is the final authority in defining and interpreting the Standards of Student Conduct and conduct procedures for both organizations and individuals. The decisions of the Dean of Students or designee in all organizational conduct matters is the final decision for the University.

Advisor’s Role in the Hearing Process:
• Attend the Initial Meeting and or Notification of the Charges meeting with the Organization’s president and the Conduct Coordinator.
• Assist and Support the Organization throughout the Conduct Process
• Ask questions of all involved to make sure that the Organization understands the process, the charges, and the ramifications of sanctions.