Student Conduct Process

Student Conduct Code Procedures
Any member of the University community, Campus Security, Federal, State, and local authorities may file a complaint against a student for violations of the Student Conduct Code. A complaint shall be prepared in writing and directed to the Student Conduct Administrator (SCA). Any complaint should be submitted as soon as possible after the event takes place, preferably within thirty (30) calendar days.

Level I Hearings address minor violations of the Student Conduct Code or violations of the Rules and Regulations of the Office of Residential Life and Student Conduct. For Level I Hearings the SCA shall be designated as the Resident Director of the residence hall in which the student(s) reside(s).

Level II Hearings address more severe violations of the Student Conduct Code by residential students or violations by non-residential students. For Level II Hearings the SCA shall be designated as the Director of Residential Life and Student Conduct or his/her designee.

Level I Cases:

In Level I Cases the responsible SCA shall conduct an investigation into the alleged violations of the Student Conduct Code and determine if the charge(s) have merit. The SCA shall issue a Summons Letter to each student alleged to have committed a violation informing him/her of the potential charge(s) and the date/time of the required meeting to discuss the reported incident.

Should the student(s) take responsibility for the alleged charge(s) the SCA will adjudicate the case through an Administrative Hearing and issue a sanction to the student(s). Sanctions issued through an Administrative Hearing are final and may not be appealed.

If the student(s) do/does not accept responsibility for the alleged charge(s) or fails to attend the required meeting, the SCA will make a determination, based on all evidence, if the student(s) charged violated the Student Code of Conduct and assign sanctions if appropriate. Sanctions issued under this process are subject to appeal.

Level II Cases:

In Level II Cases the responsible SCA shall conduct an investigation into the alleged violations of the Student Conduct Code and determine if the charge(s) have merit. The SCA shall issue a Summons Letter to each student alleged to have committed a violation informing him/her of the potential charge(s) and the date/time of the required meeting to discuss the reported incident.

Should the student(s) take responsibility for the alleged charge(s) or does not attend the required meeting; the SCA shall adjudicate the case through an Administrative Hearing and issue a sanction to the student(s). Sanctions issued through an Administrative Hearing are final and may not be appealed.

If the student(s) do/does not accept responsibility for the alleged charge(s) a Student Conduct Hearing Board shall be convened to hear the case.   For more information on the rights of students during the Student Conduct Board Hearing process, please see Chapter 5 (Student Conduct) of the Key to UB: Student Handbook.

APPEALS

A decision reached by the SCB (Student Conduct Board) or a sanction imposed by the SCA may be appealed by the Respondent(s) or Complainant(s) to an Appellate Board (AB) within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the SCA or his or her designee.

Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the SCB hearing and supporting documents for one or more of the following purposes:

  • To determine whether the SCB hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Conduct Code was violated, and giving the Respondent a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
  • To determine whether the decision reached regarding the Respondent was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Conduct Code occurred.
  • To determine whether the sanction(s) imposed were appropriate for the violation of the Code which the student was found to have committed.
  • To consider new information, sufficient to alter a decision or relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original SCB hearing.

Appeals will only be heard if they fit one or more of the criteria above. The USCO (University Student Conduct Officer) or designee will decide, in each individual case, whether or not the appeal will be heard.

If an appeal is upheld by the Appellate Board (AB), the matter shall be returned to the original SCB and SCA for re-opening of SCB hearings to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.