V. Procedures

The Conduct Committee, assigned by the Provost and approved by the University’s President, shall perform the functions of the Conduct Committee. Administration and interpretation of the Student Conduct Code shall be solely within the jurisdiction of the Conduct Committee and the President or their designee, such interpretation being pursuant to the procedures of this Code. Rules of Evidence, as well as civil and criminal procedure, applicable to civil and criminal cases, shall not apply in any student conduct proceedings.

If the Committee determines that the presence of the student or student organization at the University results in possible danger of physical harm or emotional safety and well-being to person, persons, or property at the University or poses a threat to the stability and continuance of normal University functions, the Committee will refer the case to the President. The President may suspend a student or student organization for an interim period, pending disciplinary or criminal proceedings, or medical/psychological evaluation.

The maximum period of such an interim suspension prior to an interim suspension hearing shall be ten (10) business days. An interim suspension shall be operative immediately upon receipt of notice (verbal or written) of the suspension and the reasons, therefore. A student or student organization suspended on an interim basis shall be given a prompt opportunity to appear personally before the President or a designee for an interim suspension hearing to discuss the reliability of the information concerning the conduct, including the matter of identity; and/or whether the conduct and surrounding circumstances reasonably indicate the continued presence results in possible danger of physical harm or emotional safety and well-being to person, persons, or property at the University or poses a threat to the stability and continuance of normal University functions. The student and/or organization may not be accompanied by legal counsel at this meeting. It is within the discretion of the President or designee to allow a parent, legal guardian, or other advisor to attend and/or to remain in the meeting with the student and/or organization. If, after a hearing on the charges, the accused student is found not responsible for the charges, they will receive an excused absence for the interim suspension period.

Responsibilities of Conduct Committee
1. Investigation: The Committee shall initiate, investigate, or supervise the investigation of alleged violations of this Code that are brought to their attention by University officials, faculty, employees, students, or members of the general public.
2. Informal Hearing/Officer of Informal Hearing: The Conduct Committee may attempt to informally resolve any disciplinary matters with the student and/or organization. This can include, but is not limited to, imposition of any sanction or sanctions set forth in the Code. The student and/or organization will be presented with a written notice of resolution if an informal resolution is achieved with the student and/or organization. The student and/or organization shall sign the written notice of resolution acknowledging acceptance of the terms and conditions therein.
3. There is no appeal from any signed informal resolution.
  1. The student and/or organization may refuse/decline an informal resolution prior to signature of the written informal resolution agreement. Upon refusing/declining informal resolution, the matter shall proceed in accordance with the processes set out in the Code.
  2. The student and/or organization shall acknowledge in writing that they are refusing/declining information resolution and that they waive any and all rights associated with Family Education Rights and Privacy Act (FERPA) and/or the Health Insurance Portability and Accountability Act (HIPAA) they may have during any formal hearing in this matter.
4. Upon conclusion of the investigation, the Committee shall notify the student if the charge(s), the complaint(s), the date(s) of alleged occurrence(s), the Code section(s) which is (are) alleged to have been violated, the maximum possible sanction which may be imposed, date of hearing, and the student's rights of appeal.
  1. This notice shall indicate if the hearing is to be before the Committee or President.
  2. This notice shall be given in writing to the student, mailed by way of U.S. mail, to the last known address of the student as provided by the student to the University Registrar, or e-mailed to the student at the official University address. Delivery of the notice shall be deemed complete three (3) calendar days from the date of sending unless the student indicates receipt of the notice prior to the expiration of the three (3) calendar days. The student may be given the written notice by personal delivery, such delivery acknowledged in writing by the Conduct Committee.
  3. If the hearing is to be before the President, this notice will afford the student the opportunity to meet with the Committee at a designated time and place for a pre-hearing conference.
Administrative Hearing(s)
1. If a student fails to schedule or attend a hearing, the case will be heard in the student's absence, and they will be informed of the decision in writing as set forth in this Code.
2. During administrative hearing(s) with the student, no party present shall be accompanied by legal counsel. The student may be accompanied by an advisor who may be a parent, legal guardian, another student, faculty, or staff member. If that person happens to be an attorney, that person may not act as an attorney during the hearing.
  1. Advisors may not directly participate in the hearing proceedings. The Conduct Committee may order the removal of any person from the hearing, including, but not limited to, the student, advisors, or any other person, who is disruptive during the hearing. "Disruptive" conduct may include, but not limited to, continued interruption of the proceedings and/or attempts to participate in the hearing.
3. During the hearing(s), the Committee may hear and consider any relevant information. The determination of what is and is not relevant rests solely with the Conduct Committee.
  1. In cases involving multiple students charged, information provided at one hearing may be used as relevant information in the related case(s).
  2. When two or more individual cases stem from the same incident, those cases may be heard jointly.
4. Information relevant to one case may be used in other related cases, whether or not heard jointly.
5. In cases where information regarding an accused student may prejudice the other accused student(s), the case may be heard separately.
6. The Committee shall summarize the information in writing; and
  1. Dismiss the case, or
  2. Impose appropriate sanctions. Sanctions shall become operative within five (5) business days after notice (verbal or written) thereof has been given to the student. Sanctions shall be stayed in the event the student appeals in accordance with this Code (see Section 3 below), or
  3. Conduct further investigation if necessary.
7. A written decision and notification letter will be sent to the student via postal mail or e-mail within ten (10) business days from the conclusion of the hearing to the last known address of the student as provided by the student to the University Registrar. This time limit may be extended, if necessary, at the discretion of the Committee.
Right of Appeal
1. The student may appeal written decisions of any Conduct Committee to the President or designee.
  1. The student and/or organization shall acknowledge in writing that they waive any and all rights associated with FERPA, and HIPAA (if psychological and/or mental health issues are involved).
  2. Such appeal shall be submitted to the President in writing, shall state the specific ground(s) for the appeal; and shall request a review by the President.
2. This written appeal must be received by the President within five (5) business days after the student has received notice of the findings. Unless extraordinary cause is shown, "notice" shall be deemed to have been received three (3) calendar days after the notice is mailed.
  1. The President will review the appeal request and determine whether or not to grant a hearing of the appeal.
  2. Appeals to the President will be conducted with the same requirements as noted in Section V.2.
Formal Hearing(s) before the President
After written notification from the Committee, the President, or designee, shall, as soon as practicable:
1. Notify in writing the Committee and the student of a date, place, and time for hearing with the hearing normally to be held not earlier than three (3) class days, no later than seven (7) class days after issuance of notification. This time period may be extended for summer and/or winter breaks as appropriate.
2. The President or designee shall make arrangements for the keeping of a record of the proceedings. At the sole discretion of the President, the proceedings may be tape recorded.
3. Tape recording of the meeting shall be deemed a sufficient record of the proceedings. The student may request a copy of the record of the proceedings.
Hearing Preliminaries
1. At any proceeding before the President, the Conduct Committee, the student, or other party to the hearing may have the assistance of no more than one (1) advisor.
2. The role of the advisor is explained in V.6.b.iv.
  1. The hearing shall be closed in order to protect complaining witnesses or other parties. The advisor for the student may remain in the room if the hearing is closed.
  2. If the student or the charging party (either the Committee or a complaining witness) is not present at the time appointed for the hearing, the President shall first attempt to determine the reason for that person's absence. The President may proceed in a normal manner or may continue the hearing to a later date. The President may not consider the absence of a party as relevant to whether the accused committed the alleged violation of the Code.
3. The advisor for the student present at the hearing in the absence of the student shall not participate in the hearing other than to explain why the student is not present.
4. All rules applicable to the advisor as set forth in the Code shall apply in these circumstances, regardless of whether or not the President proceeds with the hearing.
Hearing Procedures
1. The responsibility for recognizing and calling persons to speak lies solely with the President. Upon request of the student or the Conduct Committee, all witnesses shall be excluded from the hearing except during their particular testimony. The witness(es) shall be admonished by the President to not discuss their testimony with any other witness, the student, or the Conduct Committee until after the hearing.
  1. Persons unruly or disruptive to any stage of the hearing may be removed at the discretion of the President.
2. The Conduct Committee shall first present the results of the investigation and/or the charges against the student. Under such conditions, the person may be subject to additional charges for violations of this Code related to behavior during the hearing process.
  1. The Committee and/or the complaining witness may present oral testimony and/or written statements from any person, including the accused student.
  2. The student may then present written documentation or oral testimony from the student and/or other witnesses.
  3. At any time during the proceedings, the President may question witnesses or parties to the proceeding; witnesses or parties may ask questions at the discretion of the President.
  4. Advisors may serve only in an advisory capacity to the accused student. Advisors may not speak on behalf of the student or otherwise participate directly in the proceedings. Failure to adhere to this rule may cause the exclusion of the advisor.
3. After the presentation of all the information to the President, each party may present statements to the President on the applicability of this Code or the interpretation of any sections herein. At this time, the Committee and/or the student may make recommendations to the Committee as to the appropriate sanctions should a violation(s) be found to have been committed.
  1. During the hearing, the President may consider any relevant information, shall not be bound by the strict rules of legal evidence, and may take into account any information which is of value in determining the issues involved. Efforts will be made to obtain the most reliable information available.
  2. After all parties present their respective information, the President shall determine whether the student has committed the alleged violation and, if so, the sanction(s) to be imposed.
  3. Within three (3) business days after the hearing is closed, the President shall inform the student and the Conduct Committee in writing of the decision. The written decision may be sent to the student by U.S. mail by the Conduct Committee. The written decision shall be deemed received by the student three (3) calendar days from the date the written decision was mailed to the student. Any disciplinary sanctions imposed by the President shall be effective immediately unless otherwise specified.
  4. The written notice to the student of the findings of the President shall include:
    1. The facts found to be true.
    2. The section of this Code found to have been violated.
    3. The disciplinary sanction imposed or other sanction to be taken.
4. The President or their designee may, in the alternative, or in any combination:
  1. Uphold the sanction imposed;
  2. Reduce the sanction imposed;
  3. Increase the sanction imposed;
  4. Dismiss the action;
  5. Send the action back for further investigation; or,
  6. Send the action back with instructions
5. The decision of the President or their designee shall be final and shall be communicated to the student in writing to the last known address of the student as provided by the student to the University Registrar.
Student Rights at Formal Hearings
The purpose of formal hearings before the President is to provide a fair evaluation of the student's responsibility for violating University regulations. Formal rules of evidence shall not be applied, nor shall deviations from prescribed procedures necessarily invalidate a decision, unless significant prejudice to a student respondent or the University may result. The student shall be afforded the following protections:
1. The student shall be presumed not responsible until proven responsible by a preponderance of the information.
2. The accused student has the right to have an advisor with them, but such advisor may not be a person other than a parent or guardian, a full-time student at USU, or a member of the faculty or staff of USU.
3. The accused student shall be entitled to be present throughout the presentation of information and presentation of testimony of witnesses unless removed by the President for disruptive behavior.
4. Those affected by a violation of any offense are entitled to be present at all proceedings unless removed by the President for disruptive behavior.
  1. The accused student shall not be required to speak. The student's exercise of this right shall not be held against the student.
5. The accused student shall have the right to present witnesses and information on their behalf. Such witnesses and information shall be relevant to the charges before the Conduct Committee or President.
  1. The accused student shall have the right to review all information that will be presented at the hearing at least three (3) calendar days prior to the hearing. The material shall be available for review during normal business hours at the office of the Conduct Committee or at any other place at the University as designated by the Conduct Committee. The student may request in writing and at the student's expense, copies of the material that will be presented at the hearing at least three (3) days prior to the hearing. The student shall provide to the Conduct Committee a list of the material the student may present at the hearing at least one (1) business day prior to the hearing.
6. The Conduct Committee and the student shall exchange the names of all witnesses that shall present testimony at the hearing at least two (2) days prior to the hearing. This exchange may be done in writing or by e-mail to the last known e-email address of the student.
7. Failure to provide the names of the witness(es) and/or material may result in such being excluded from being presented at the hearing. Material that could reasonably be considered to be in the possession of the student need not be provided to the student by the Conduct Committee.
  1. The student shall be entitled to an expeditious hearing of the case taking into consideration all circumstances relevant to the matter. The student and/or the Conduct Committee may approve extensions of time for any process under the Code upon request of the other.
  2. Recommendations and actions of the Conduct Committee must be placed in the mail to the student and President no later than three (3) business days after the hearing.
  3. The student may challenge the participation of the Conduct Committee for good cause. Merely disagreeing with current or past disciplinary matters conducted by the Conduct Committee shall not be deemed good cause. The challenge shall be filed with the President who shall render a decision within (2) business days of receipt of the challenge. The decision of the President shall be communicated in writing to the student and the Conduct Committee and shall be final.
8. If the Conduct Committee is removed for cause, the President shall appoint a new Conduct Committee. All time lines set forth herein shall be reset as if the matter was starting over from the beginning.
Complainant Rights at Formal Hearings
The hearing shall be held in compliance with the guidelines in the Student Conduct Code. The complainant shall be guaranteed the following rights/protections:
1. The complainant may have an advocate to assist the individual in understanding the rights and options available as well as provide support throughout the disciplinary hearing process. The advocate may be appointed by the Conduct Committee or selected by the complainant, who shall provide the name and contact information in writing to the Conduct Committee. The advocate may not act as a witness at the hearing absent extraordinary circumstances as determined by the Conduct Committee.
2. The complainant shall be entitled to be present throughout the presentation of information and the presentation of testimony of witnesses at the conduct hearing. The presence of the complainant shall be deemed necessary by the University for purposes of FERPA.
3. The complainant shall not be required to testify. The complainant's exercise of this right shall not be held against the complainant in any decision rendered after the hearing.
4. The complainant shall have the right to present witnesses and information but only through and at the sole discretion of the President and deemed relevant by the President to the matters charged.
5. The complainant shall have the right to review all material information presented in the hearing by either the Conduct Committee or the charged student.
6. The complainant is entitled to a written copy of the disciplinary action taken as a result of the hearing but not the actual written report.
7. The complainant has no right of appeal of the decision of the President.