Article IV: Student Conduct Process (Due Process)

1. Anyone may file a report against a student for (an) alleged violation(s) of the Student Code of Conduct. All students accused of violating this Student Code of Conduct are entitled to due process, which includes written notification of the alleged violation and a reasonable opportunity to respond and provide evidence and/or witnesses to be considered prior to any final decision.
2. An allegation of a Student Code of Conduct violation must be directed to the SCO using the online report form found here: https://cm.maxient.com/reportingform.php?UHWestOahu&layout_id=0. Any report of a violation of the Student Code of Conduct should be submitted as soon as possible after the event takes place. However, all reports will be reviewed in accordance with this process, regardless of when the report is filed.
3. The SCO will be responsible for training and assigning Student Code of Conduct cases to appropriate Student Conduct Officers when necessary. 
4. The  SCO will conduct an impartial and reliable preliminary fact-finding investigation of all allegations to determine if the allegation(s) have merit and/or if they can be resolved administratively. Such disposition shall be final and there shall be no subsequent proceedings. 
5. If it is determined that the allegation(s) has/have merit, the Respondent will receive an official notification via email that (an) alleged violation(s) has/have been reported. All official correspondence regarding the Student Code of Conduct process will be communicated to the Respondent through their official UH West Oʻahu email account. 
6. If either party requests an alternate form of resolution and the other party agrees, the parties will engage in an informal resolution. If the informal resolution results in mutual satisfaction of both parties, then the case will be considered resolved. If the case is not resolved, then it may be forwarded to the SCO for resolution. Informal resolution is not available for cases involving discrimination and/or sex/gender based discrimination [Article III(B)(3) and III(B)(4)(a-g)] unless the Complainant or Victim requests it, and the Respondent agrees to participate.
7. In the notification: 
   • a. The Respondent shall be provided a detailed written summary of the allegation(s) so that the Respondent may properly prepare for his or her meeting or response to the allegation(s); 
   • b. The Respondent student will be directed to make an appointment with the SCO to review the facts concerning the alleged violation(s) in order to determine if the Respondent will be formally charged with (a) violation(s) of the Student Code of Conduct.
8. In the event that the Respondent fails to contact the SCO, fails to schedule an appointment, or fails to submit a written statement within five (5) working days of the date listed on the written notification (excluding Saturday, Sunday, and Holidays), a hold will be placed on the Respondent’s record until the Respondent responds to the notification, which may result in the Respondent’s inability to register.
9. If the Respondent is unable to, or does not wish to meet with the SCO in person, the Respondent may submit a statement in writing for consideration (via their UH West Oʻahu email account or in person) responding to the allegation(s) and must provide a picture ID to confirm the proper identity of the Respondent (if unknown by the SCO)  within the required response period.
   Other arrangements may be made to facilitate the meeting, such as video or phone conference, when a face to face meeting may be difficult for the Respondent and at the sole discretion of the SCO. In situations where a meeting other than a face to face meeting will be held, the student must provide a copy of their identification to the SCO before the meeting can occur. A face to face meeting is always the preferred option.
   If the Respondent fails to provide a copy of their identification prior to the start of the meeting, the meeting may be rescheduled at the discretion of the SCO.
10.  If after receiving notice, a Respondent elects not to appear or provide a written statement (in Lieu of an appearance) to a SCO prior to a meeting, the SCO shall render a determination using information that has been provided. In addition, the Respondent shall be considered to have “waived” his or her right to appeal, and the decision of the SCO will be considered final. 
11. During the scheduled meeting, the Respondent will meet one on one with the SCO, and must provide a picture ID to confirm the proper identity of the Respondent (if unknown by the SCO).  Representatives, parents or authorized campus personnel will only be allowed in this meeting at the discretion of the SCO when deemed appropriate. In addition, a FERPA release must be signed by the Respondent.
12. There shall be a single verbatim record of all SCO meetings. The digital recording shall be the property of UH West Oʻahu. For the purposes of FERPA, the recording is considered an educational record and cannot be released unless a release is signed by all students with identifiable information contained in the recording. A student involved in the recording may request an opportunity to review the recording (in the presence of an authorized employee) if the meeting only involved one student without discussion of any witnesses (on the recording), and the student on the recording is the individual requesting the review. 
13. SCO meetings shall be conducted using the following guidelines except as provided by Article IV(A)(21) below:
    
    • a. The SCO meeting will be scheduled at the convenience of the SCO, however, all efforts will be made to schedule the meeting as soon as possible (considering the student’s on campus schedule).
    • b. Requests for a continuance shall be at the discretion of the SCO.
    • c. All SCO meetings shall be conducted in private. In cases involving sex and gender-based discrimination [as defined under Article III(B)(4)(a-g)], UH West O’ahu will keep the report and fact-finding private to the extent possible or as required by law. [Please refer to the UH System’s Executive Policy EP 1.204: Policy and Procedure on Sex Discrimination and Gender-Based Violence] However, for safety reasons, the SCO may request the presence of Campus Security during any conduct meeting.
    • d. In cases involving more than one Respondent, the SCO will conduct the meetings separately, to determine the responsibility of each student.
    • e. The tone of the meeting will be educational and not adversarial. 
    • f. If a disruption occurs during the meeting, the SCO, in his or her sole discretion may have the disruptive party removed from the meeting, and the SCO shall be authorized to make a determination on the information already provided. If the individual causing the disruption is a student, he or she may be charged with a violation of the Student Code of Conduct, specifically, Article III(B)(19)(b): “Abuse of the Student Code of Conduct process, including but not limited to: b. Disruption or interference with the orderly conduct of a SCO meeting.”
    • g. The Respondent will be provided a reasonable opportunity to provide his or her statement for consideration, as well the names of any relevant witnesses for consideration by the SCO before a final decision is made.
    • h. The SCO in his or her sole discretion, will determine which information is relevant given the report and or the facts and circumstances.
    • i. The parties may provide the SCO with a list of potential witnesses and a summary of information and/or copies of documents or relevant information they believe will assist the SCO in understanding their version of events. Pertinent information received from witnesses and the parties, records, exhibits, and written statements may be accepted as information for consideration by a SCO at the sole discretion of the SCO.
    • j. During the meeting, the SCO shall determine whether the Respondent has violated each section of the Student Code of Conduct in which the Respondent is alleged to have violated. However, the SCO may also consider a different charge if he or she believes the facts support (a) charge(s) different than the charge(s) the Respondent was originally charged with. If the charge(s) is/are different from the charge(s) listed in the original notification, then the SCO will discuss or notice the Respondent so that he/she may respond appropriately to the new charge(s).
    • k. The SCO’s determination shall be made on the basis of whether “more likely than not” (“preponderance of the evidence” standard of proof) the Respondent violated the Student Code of Conduct.
    • l. Formal rules of procedure, and/or technical rules of evidence, such as those that are applied in criminal or civil court, are not used (and do not apply) in this Student Code of Conduct process.
14. After reviewing the available facts with the Respondent, and/or after reviewing the Respondent’s statement, a decision will be made whether to formally charge the Respondent with (a) violation(s) of the Student Code of Conduct, administratively resolve the report, or further the fact-finding based on information provided by the Respondent.
15. Based on all the facts and circumstances presented, the charge(s) may be amended or changed, and the Respondent will be made aware of the change(s) immediately or as soon as possible verbally or in writing.
16. If the decision is made to further the fact-finding, the Respondent will be notified via email once the fact-finding has been completed and/or for follow-up information when necessary.
17. If a decision is made to formally charge the Respondent, the Respondent shall be communicated verbally during the meeting with a follow up in writing via email or via the student’s UH West Oʻahu email as soon as possible.
18. If the SCO has made a decision as to whether “more likely than not” the Respondent has violated at least one provision of the Student Code of Conduct, the SCO will consider and assign (an) appropriate sanction(s).
19. UH West Oʻahu uses progressive discipline as a means for preserving its educational and working environment. Once a Respondent has been found responsible for violating the Student Code of Conduct, the SCO will use all information available, including but not limited to: prior violations of the Student Code of Conduct (if any), community service involvement, and/or employment to determine (an) appropriate sanction(s).
20. The SCO may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the SCO, Complainant, Respondent, and/or other witness while the case is being resolved. These concerns may be addressed in a variety of ways including, but not limited to, UH West Oʻahu Mutual No Contact Orders, campus security presence at meetings, removal from class, campus or area for a short period or reasonable schedule adjustments. Removal for a period longer than a day requires an Interim Suspension (see Article IV(C)).
21. All Complainants will receive information regarding the notification of the alleged violations to the Respondents, as well as, the outcome and final decision of the case. Sexual misconduct Complainants or Victims (offenses listed under Article III(B)(4)(a-g)) will receive a copy of the actual notification and sanction letter sent to the Respondent, with appropriate redactions (or as required under  Executive Policy EP 1.204).
22. Both parties will be given information regarding the status of the case when it has been resolved by a SCO via email. Information regarding the appeal process shall be made available to both parties.

In certain circumstances, the VCSA or SCO, may impose an interim suspension prior to a SCO meeting.

1. Interim suspension may only be imposed in the following circumstances:
   • a. To ensure the safety and well-being of members of the UH West Oʻahu community or preservation of UH West Oʻahu property;
   • b. To ensure the student’s own physical or emotional safety and well-being; or
   • c. If the student poses an ongoing threat of disruption of, or interference with, the normal operations of UH West Oʻahu.
2. Interim suspension will take effect immediately upon the direction of the VCSA or SCO and last for no more than ten (10) working days (Saturdays, Sundays, and Holidays are not included). The 10-day period may be extended for good cause by the SCO or by agreement with the Respondent.  
3. During the interim suspension, the Respondent shall be denied access to the campus (including face-to-face and online classes when appropriate) and/or all other UH West Oʻahu activities or privileges for which the student might otherwise be eligible, as the SCO may determine to be appropriate.
4. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and including the completion of the SCO meeting, submission of sanctions (if any), and if required, may include appeal processes (if any).