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
Article I
Article II
Article III
Article IV
Article V
Hazing Policy
Hazing Transparency Report
Hazing Promoting A Safe Campus
Hazing Education & Resources
Student Conduct PDF
File Appeal
Contact

Complaint Intake/Preliminary Fact Findings:

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Report Submitted: A report is submitted to the Student Conduct Office.  

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Report Reviews: The Student Conduct Officer reviews the allegations and schedules a meeting with the Complaint and/or witness(es), if any, to gather information. 

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Preliminary Fact Finding:  The Student Conduct Officer conducts an impartial and reliable preliminary investigation to determine whether the allegation(s) have merit or no merit, if a policy violation occurred. The SCO will meet with the reporter and witness(es), if any, and will determine which of the twenty-three (23) prohibited conduct may have been violated based on the information provided. 

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

Educational Opportunity: The Student Conduct Officer sends an email to the Respondent (student) requesting a non-mandatory meeting to discuss the allegations mentioned in the report and remind the student of their responsibility as a UH West O`ahu student. If the Respondent declines or does not respond, an email will be sent outlining the reporter’s issue and expectations.

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Merit: If there is sufficient information a policy violation may have occurred. The case will move to the formal grievance process. The Respondent (student) is sent a notification of the allegation(s) and a summary of the incident. The Respondent may either schedule a meeting with the Student Conduct Officer or submit a written statement for review by the Student Conduct Officer.

Notification of Alleged Violation:

Student Conduct Meeting:

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Respondent Responds: The Respondent responds to the notification & schedules a Student Conduct Officer’s meeting. The Complainant and the Respondent receives a notification of the scheduled meeting and the name of the assigned Student Conduct Officer. If the Respondent does not respond or schedule a meeting within 5 working days of the notification a hold will be placed on their account and the Student Conduct Officer may proceed with a determination of responsibility based on the information available at the time.

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Identification: The Respondent submits a photo identification (driver license, student identification, etc.) prior to or brings it to the Student Conduct Officer’s meeting to verify & ensure the right student attends the meeting. If no identification, the meeting may be rescheduled.

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Student Conduct Meeting: The Respondent & the Student Conduct Officer discusses the allegation(s) affording the Respondent an opportunity to tell their side of the story of the icndent, as well as provide documents and/or witness(es), if any. 

Submission of Written Statement:
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Respondent Response: The Respondent responds to the notification and submits a written statement providing their account of the alleged incident along with documents or names of witness(es), if any. If the Respondent does not respond or submits a written statement within 5 working days of the notification a hold will be placed on their account and the Student Conduct Officer may proceed with a determination of responsibility based on the information available at the time.

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Review: The Student Conduct Officer reviews the information provided in the Respondent’s written statement, the report, the  Complainant, and the witness(es), if any. The Student Conduct Officer will follow up with either questions or render a determination on responsibility based on all available information.

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Witness(es)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.

Determination on Responsibility:

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Decision (Student Conduct Meeting/Written Statement): The Student Conduct Officer reviews all available information, including the initial report, statements from both the Complainant and the Respondent, and any witness(es) accounts, before making a determination on responsibility.

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Determination: The Student Conduct Officer renders a determination whether “more likely than not” (“preponderance of the evidence”) there is sufficient or insufficient information that a policy violation occurred. 

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

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Found Responsible: The Student Conduct Officer determines there is sufficient information a policy violation occurred, the Respondent is formally charged and educational sanction(s) imposed.

Failure to complete the sanctions by the deadline specified in the Responsibility Letter will result in a hold being placed on the student’s account.

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Further the Fact Finding: The Student Conduct Officer (SCO) determines additional information is needed before determining responsibility. This may involve interviewing additional witnesses(es) and/or reviewing new information such as documents, if any. Following the investigation, the SCO renders a determination on responsibility whether “more likely than not” a policy violation occurred.

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Letter of Responsibility: The Student Conduct Officer’s decision is communicated to both the Respondent and the Complainant via a letter. The letter includes a rationale for the findings of responsibility, specified charges, educational sanctions imposed, and/or information about the appeal process.

An Illustration of Article A(1-27), "Charges and Student Conduct Officer Meetings."

Fact Finding Investigation Process

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

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

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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.

An Illustration of Article IV(B) (1-7), "Sanctions."

Possible Sanctions by Nadine Castillo

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 will either assigns an Appellate Officer or shall serve as the Appellate Officer.

A copy of the appeal given to the non-appealing party to respond and provide information. The SCO will 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: If the appeal does not warrant a further review based on the 4 reason to appeal, the appeal is denied. The case is closed and the decision of the Appellate Officer shall be FINAL and BINDING.

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

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Review/Appeal Granted: If the appeal warrants a further review based on the 4 basis to appeal, 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.

The decision of the Appellate Officer (or the SCO assigned by the Appellate Officer for an appellate purpose) under any circumstances listed above, shall be final and binding upon all involved parties.

An Illustration of Article D(1-6), "Appeals."

Appeal Process by Nadine Castillo

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.