Student Conduct Process

Flow Sheet

UH WEST O`AHU PLAYERSAUTHORITYPROCESSES
  • Vice Chancellor of Student Affairs (VCSA).
  • Student Conduct Officer (SCO).
  • Complainant.
  • Respondent: The student who allegedly to have violated the Student Code of Conduct.
  • VCSA has ultimate oversight and authority.
  • VCSA designated the SCO to render decisions and sanctions, assign cases and/or administratively resolve cases.
  • SCO determines if the allegation(s) has merit or can be resolved administratively.
  • SCO conducts conference with Respondent.
  • SCO renders decision which is final, unless subject to an appropriate appeal.
  • Appellate Officer is assigned by VCSA.
  • Appellate Officer shall have the sole authority to determine whether or not an appeal warrants further review as well as decide the outcome of the appeal.
  • 3 separate Grievance Process and Procedures.
  • Discriminations: Allegations including but not limited to involving any unlawful discrimination or related harassment based on sex, race, age, religion, color, sexual orientation, veteran’s status.
  • Sexual Misconduct: Allegations involving sexual harassment, sexual assault,  domestic/dating violence, stalking, and retaliation,
  • Student Conduct: 21 prohibited conduct.
Related links
Submit A Report
File Appeal
Transparency Report
Article I
Article II
Article III
Hazing
Article IV
Article V
SCoC PDF
Contact

Complaint Intake:

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Report Submitted & Rec’d.

SCO reviews the report.

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SCO meets with Complainant & witness(es), if any, to gather information.

SCO determines if there is sufficient or insufficient information that a policy violation occurred.

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SCO sends a notification to the Respondent (student) or dismisses the case.

Complainant is informed whether the Respondent will be notice or report dismissed.

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SCO conducts a meeting with Respondent or review written statement from the Respondent.

SCO makes a determination on Responsibility and formally charge the Respondent or dismiss the case based on all the information provided.

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If found responsible, sanctions are imposed and discipline will be placed in the student’s disciplinary record.

Respondent and Complainant are sent a Letter on Responsibility.

Either party may appeal SCO’s decision and has three business days to appeal.

Preliminary Fact Findings:

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Report Rec’d: The SCO reviews the report and schedules a meeting with the reporter and witness(es), if any, to gather information.

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Preliminary Fact Finding: The SCO conducts an impartial and reliable preliminary fact finding investigation to determine if the allegation(s) has merit, no merit, or if it can be resolved administratively. The SCO will meet with the reporter and witness(es), if any, and will determine which of the 21 prohibited conduct may have been violated based on the information provided.

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No Merit: If the allegations can be resolved administratively the report is resolved and shall be final. If there is insufficient information that a policy violation may have occurred, the report is dismissed.

Educational Opportunity: An email will be sent to the Respondent requesting a non-mandatory meeting to meet and discuss the issue and remind the student of their responsibility as a UHWO student. If the Respondent declines or does not respond, an email will be sent outlining the reporter’s issue and request.

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Merit: If there is sufficient information that a policy violation may have occurred. The case will move forward to a formal process. The Respondent will be sent a notification of the potential violation(s) and a summary of the incident The Respondent can either schedule a meeting or submit a written statement for review.

Notification of Alleged Violation:

Student Conduct Meeting:
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Responds: Respondent responds to the notification & schedules a meeting. The Reporter and Respondent sent a notification of the scheduled meeting. If the Respondent does not respond or schedule a meeting within 5 days of the notification a hold will be placed on their account and the SCO will proceed with a determination based on the information available at that time.

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Identification: The Respondent submits an identification prior to or brings it to the SCO meeting to verify & ensure the right student attends the meeting. If no identification, the meeting may be rescheduled.

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Meeting: Respondent & the SCO discuss the allegation(s). The Respondent is provided an opportunity to tell their side of the story, as well as provide documents and/or witness(es), if any

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Decision: The SCO reviews all of the available information provided from the statement, report, and meeting with the reporter and witness(es), if any, and determines whether “more likely than not” a policy violation occurred based on all the information.

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Letter of Responsibility: The Respondent & the Reporter(s) are sent a letter of the SCO’s decision. It will include a rationale for the decision on Responsibility, the charges, and sanction(s) imposed with instruction on how to appeal. If found not responsible, the case dismissed.

Submission of Written Statement:
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Responds: The Respondent responds to the notification & submits a written statement of their account of the alleged incident along with documents or names of witness(es), if any. If the Respondent does not respond within 5 days of the notification a hold will be placed on their account.

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Review: The SCO reviews the statement. The SCO will follow up with either questions or render a determination on responsibility based on all available information.

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Meeting: If the Respondent provided witness(es), the SCO will schedule a meeting with the witness(es) to gather information. The SCO may follow up with further questions, if any to the Respondent.

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Decision: The SCO reviews all of the available information provided from the statement, report, and meeting with the reporter and witness(es), if any, and determines whether “more likely than not” a policy violation occurred based on all the information.

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Letter of Responsibility: The Respondent & the Reporter(s) are sent a letter of the SCO’s decision. It will include a rationale for the decision on Responsibility, the charges, and sanction(s) imposed with instruction on how to appeal. If found not responsible, the case dismissed.

Determination on Responsibility:

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Determination: The SCO renders a determination based on whether “more likely than not” there is sufficient or insufficient information that a violation occurred. Preponderance of the evidence is used.

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Not Responsible: The SCO determines there is insufficient information a policy violation occurred based on all the information provided by both parties. The Respondent is found not responsible for a policy violation and the case is dismissed.

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Responsible: The SCO determines there is sufficient information a policy violation occurred based on all of the information provided by both parties. The Respondent is formally charged and sanction(s) imposed. If the Respondent does not complete the sanction by the deadline given, a hold will be placed on student’s account.

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Further the Fact Finding: The SCO determines additional information is needed before making a determination on responsibility. The SCO will interview additional witness(es) and/or review additional documents, if any. The SCO will render a determination on responsibility whether “more likely than not” a policy violation occurred.

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Letter of Responsibility: The Respondent & the Reporter(s) are sent a letter of the SCO’s decision. It will include a rationale for the decision on Responsibility, the charges, and sanction(s) imposed with instruction on how to appeal. If found not responsible, the case dismissed.

Possible Sanctions

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Written Notice: A notice in writing to the student that the student is violating or has violated institutional regulations and a copy of the warning letter is placed in the student’s disciplinary file.

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Probation: Probation is for a designated period of time (which may include the remainder of their enrollment at UH West O’ahu) and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. This sanction may require the student to meet with the VCSA (or his or her designee) upon request.

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Loss of Privileges: Denial of specified privileges for a designated period of time.

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Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

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Discretionary Sanction: Work assignments, essays, service to UH West O’ahu, Community Service, or other related discretionary or educational related assignments. Examples are Quiz of the Student Code of Conduct, Apology letter, Responsibility Letter, Educational Essay or project, Community Services.

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f. Mutual No-Contact Order: No unnecessary contact between the Respondent and the Complainant, witnesses, or other individuals (when appropriate).

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g. Suspension: Separation of the student from UH West O`ahu for a definite period of time (usually 1 year or less) after which the student is eligible to return. Conditions for readmission may be specified. Suspensions may be effective immediately or deferred.

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h. Dismissal: Separation of the student from UH West O`ahu for more than 1 year. The student may be eligible for return. Conditions for readmission, if any, will be specified. Dismissals will be effective immediately unless otherwise stated.

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i. Expulsion: Separation of the student from UH West O`ahu permanently. Expulsions will be effective immediately, unless otherwise stated.

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j. Revocation of Admission/Degree: Admission to or a degree awarded from UH West Oahu may be revoked for fraud, misrepresentation, or other violation of UH West O`ahu standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

UH West O’ahu imposes discipline that is consistent with the impact of the offense on the UH West O’ahu community. Progressive discipline principles will be followed in that the student’s prior disciplinary history at UH West O’ahu (and any other institution of higher education, if applicable) will be taken into account.

A guide to Applying for Academic Accomodations.

  1. Complete the intake form & submit supporting documents. https://bit.ly/uhwoada
  2. Disability Coordinator will send you a confirmation of receipt email and next steps.
  3. Meet with Disability Coordinator
  4. Approved accommodations will be sent to your professor(s).
  5. Student is responsible for also making arrangements with Professor(s) to discuss accomodations.

Appeal Process

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Appeal Submitted: The VCSA assigns an Appellate Officer or shall serve as the Appellate Officer. A copy of the appeal given to the non-appealing party and the SCO to respond and provide information including the incident report to the Appellate Officer.

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Decision: The 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.

Four Basis to Appeal:

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1. A material deviation from the procedure that substantially jeopardized the fairness of the process

2. New information that was unknown or unavailable at the time would have resulted in a substantially different outcome.

3. A demonstrable bias by the SCO (only if the meeting is recorded).

4. The sanction was substantially disproportionate to the severity of the violation.

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No Review/Appeal Denied: The appeal does not warrant a further review based on the 4 reason to appeal. Therefore, the appeal is denied. The case is closed and the decision of the Appellate Officer shall be FINAL and BINDING.

Both Complainant and Respondent are notified via email regarding the appeal and the reason for the denial.

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Review/Appeal Granted: The warrants a further review based on the 6 basis to appeal. Therefore, the appeal is granted. 

The Appellate Officer will either:

1. assign another SCO & re-notice the Respondent. The whole grievance process starts over.

2. consider the new information & make a final determination of responsibility and/or impose sanction(s).

3. have another SCO reviews the information & make a determination on responsibility and/or impose sanction(s).

4. issue appropriate sanction(s) that are proportionate to the severity of the violation.

A guide to Applying for Academic Accomodations.

  1. Complete the intake form & submit supporting documents. https://bit.ly/uhwoada
  2. Disability Coordinator will send you a confirmation of receipt email and next steps.
  3. Meet with Disability Coordinator
  4. Approved accommodations will be sent to your professor(s).
  5. Student is responsible for also making arrangements with Professor(s) to discuss accomodations.