Process for Handling Student Code of Conduct Violations

Applies to all campuses

UH PLAYERSAUTHORITYPROCESSES
  • Vice Chancellor of Student Affairs (VCSA).
  • Student Conduct Officer (SCO).
  • Complainant.
  • Respondent is a student alleged to have violated the Student Conduct Code.
  • VCSA has ultimate oversight and authority.
  • VCSA has designated the SCO to render decisions and sanctions, assign cases and/or administratively resolve cases.
  • SCO determines if allegation has merit or can be resolved administratively.
  • SCO conducts conference with Respondent.
  • SCO renders decision which is final, subject to appropriate appeal.
  • Appellate Officer (assigned by VCSA) shall have the sole authority to determine whether or not an appeal warrants further review and decide the
    appeal.
  • 3 separate procedures.
  • 1 for allegations involving any discrimination, including but not limited to: unlawful discrimination or related harassment based on sex, race, age, religion, color, sexual orientation, veteran’s status.    
  • 1 for allegations involving sexual harassment, sexual assault,  domestic/dating violence, stalking, and retaliation,
  • 1 for all other allegations

Phase 1: Complaint Intake/Fact Findings:

  1. The Student Conduct Officer (SCO) receives an incident report of an alleged violation(s) of the Student Code of Conduct.
  2. The SCO conducts an impartial and reliable preliminary fact finding investigation to determine if the allegation(s) has merit or can be resolved administratively.
  3. If the allegations can be resolved administratively the report is resolved and shall be final.
  4. If the report cannot be resolved administratively and the SCO determined the allegation(s) has merit the Respondent will be sent a 5 day notification which includes the alleged violation(s) via  UH West O`ahu email address. The Complainant will receive a memo that the Respondent was sent a notification for a potential violation under the Student Code of Conduct. 
  5. Either parties can request an alternative form of resolution and the other party must agree. The parties will engage in an informal resolution to informally resolve the issue. If the resolution results in a mutual satisfaction of both parties then the case will be considered resolved. If the case is not resolved, then the case may be moved to a formal resolution by the SCO. (Proceed to Phase 2)

Phase 2: Respondent Receives Written Notification of Alleged Violation(s):

  1. If the Respondent fails to respond to the 5 day notification, a hold will be placed on the Respondent’s account, until a response is received.
  2. Respondent meets with the SCO or submits a written statement regarding the allegation(s). In order for the meeting to continue the Respondent must provide a valid ID prior to the meeting.
  3. The SCO will make a decision on the written statement or the information provided at the Student Conduct Meeting. One of three things can happen:
    1. Formally charge the Respondent
      • The Respondent is notified by the SCO that he/she has been found responsible for a violation(s) and the sanction(s) imposed via email. 
      • If the sanctions are not completed by the deadline a hold will be placed on the Respondent’s account.
      • The Complainant is notified of the formal charge(s) and the sanction(s) imposed.
      • Both parties accept the SCO decision. The Respondent completes sanction(s) and hold is removed if applicable. The case is resolved.
      • One or both parties appeal the SCO’s decision. Move to (Phase 3).
    2. Administratively resolve the complaint.
    3. Further the fact finding based on the information from the Respondent.
      • After all facts are gathered, the Respondent will be notified via UH West O`ahu email; the SCO decision to:
        • Formally charge the Respondent; or
        • Administratively resolve the complaint.

Phase 3: Appeal

A decision reached by the SCO may be appealed by either the Respondent(s) and/or the Complainant within (3) working days, excluding Saturday, Sunday, and Holidays of the decision. Such appeals shall be in writing and shall be delivered to the office of the Vice Chancellor of Student Affairs (VCSA) C 237 or submitted using the online appeal form here: https://cm.maxient.com/reportingform.php?UHWestOahu&layout_id=3.

Appeal received:

  1. The VCSA (or his/hers designee) shall serve as the Appellate Officer in the case, or shall assign an Appellate Officer to the case. The Appellate Officer shall have the sole authority to determine whether or not an appeal warrants further review.
  2.  If the appeal is denied by the Appellate Officer the matter shall be considered final and binding upon all parties. Case Resolved.
  3. The Appellate Officer will send the other party and the SCO a copy of the appeal. The non-appealing party and the SCO has 3 working days to respond.
  4. If no response by the non-appealing party and/or the SCO is received. The Appellate Officer shall make a final determination using information available provided by the appealing party.
  5.  

Appeal Warrants Further Review:

If the appeal is granted: Then the designated Appellate Officer shall consider the basis for the appeal and make a determination on the issue presented that fairly addresses the alleged appeal issue only.

Decision of the Appellate Officer when an appeal is granted are as follows:
1. Assign another SCO and re-notice the respondent in accordance with the procedures.
2. Consider the new information presented and make the final determination and sanction.
3. Assign another SCO to review the information and make a decision regarding responsibility.
4. Issue appropriate sanctions that are proportionate to the severity of the violation.

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