NOTE: The information contained in this section of the handbook is only applicable for those participating in the Accountability Process. For cases alleging Sexual Misconduct, see the “Sexual Misconduct Accountability Process” section within this Handbook.

Administrative Case Review

If information shared with OSARP provides sufficient cause that an alleged violation(s) may have occurred, the Responding Party will be notified of the alleged policy violation(s) through email.  

  • The email notification will include: 

    • Relevant policy or policies for the alleged violation(s) 

    • Date and location of the alleged incident(s) 

    • How OSARP received information about the alleged violation(s) 

    • Instructions for attending or scheduling an Administrative Case Review 

    • Contact information for an OSARP staff member to ask questions about the Accountability Process 

    • Links to relevant sections of the Student Handbook to prepare for the Administrative Case Review 

    • The name of the Case Administrator assigned to adjudicate the case 

    • When applicable, notice to the student that the potential outcomes of the case may include sanctions of suspension or expulsion and information regarding additional rights afforded them.   

For purposes of notification in the Accountability Board Case Review and Appeal Review, if a student chooses to pursue them in the Accountability Process, this initial email notification will serve as the official notification regarding the bulleted items above for the case. 

  • When students are informed of their alleged violations, they may also be instructed to have "no direct or indirect contact" with specific members of the university community. This includes, but is not limited to, verbal or non-verbal contact in person, through electronic means, or through a third party. This instruction does not prohibit contact through a third party for the purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP. OSARP will not pursue alleged violations of the no contact order that occur through a third party for the purposes of conducting lawful activity during a pending criminal or civil case, or other specific extenuating circumstances as determined by OSARP unless the contact may have violated policy  Interference with or Retaliation for Exercising or Participating in the Title IX process and/or Accountability, Honor Council, or other University Conduct Process or other policies as listed in the Student Handbook. 

  • If any Case Administrator feels that their previous contact with the case or the students involved will prevent them from rendering a fair decision, the Case Administrator must request that they not be assigned to the Administrative Case Review. Responding Parties will be informed of the Case Administrator assigned to their case. Upon receiving notification of the assigned Case Administrator, a Responding Party may request that the Case Administrator be replaced if the Responding Party can show a bias on the part of the Case Administrator. Merely being assigned to a Case Administrator who has previously heard a case with the Responding Party does not constitute actual bias. To make such a request, a Responding Party must contact the Director of OSARP or designee immediately, setting forth their reasons in writing. The Director of OSARP or designee will review all requests, except where the Case Administrator is the Director, in which case the Associate Director of OSARP or designee will review the request. Any decision to remove a Case Administrator and/or to postpone an Administrative Case Review is at the discretion of the Director of OSARP or designee.   

A Responding Party notified of an alleged policy violation(s) will first have the alleged policy violation(s) reviewed in an Administrative Case Review by a Case Administrator in OSARP in accordance with the following procedures:

  • Upon notification of the alleged policy violation(s), the Responding Party will be provided instructions for attending or scheduling their Administrative Case Review with OSARP:  

    • The Responding Party will typically have their Administrative Case Review set for them based on their academic schedule. The Responding Party will be informed of the appointment date and time via email with at least three days' notice. 

    • When a student is not currently enrolled at the university, the Responding Party will be asked to schedule an Administrative Case Review by contacting OSARP according to instructions provided in their notification email. If the instructions provide a scheduling deadline and the Responding Party does not meet that deadline, an appointment date and time will be set for them based on their academic schedule during their next enrolled semester and they will be informed via email with at least three days’ notice. 

    • When social distancing is recommended or required by local, state, or federal health guidelines, Administrative Case Reviews will be conducted virtually. For virtual appointments, instructions will be provided for accessing the Administrative Case Review via email. When social distancing recommendations or requirements are no longer in effect, Administrative Case Reviews may be conducted in the OSARP office at the discretion of the Director of OSARP or designee.  

    • If the Responding Party is unable to secure a private location for their virtual Administrative Case Review or requires an in-person appointment due to a disability, the Responding Party should contact OSARP immediately upon receiving the notification email to reschedule their Administrative Case Review. All in-person appointments will follow social distancing guidelines and the Responding Party and Case Administrator may be required to wear a mask/face covering during their appointment. In-person meeting requests are subject to approval by the Director of OSARP or designee and appropriate documentation of a disability may be requested.  

    • In some circumstances, including but not limited to threats to campus and/or student safety, the timeliness of a case, or the Responding Party’s history in OSARP, at the discretion of the Director of OSARP or designee, the Responding Party may have their Administrative Case Review scheduled to occur in the OSARP offices even when social distancing is recommended or required by local, state, or federal health guidelines. In-person meetings will follow social distancing guidelines and the Responding Party and Case Administrator may be required to wear a mask/face covering during their appointment.  

    • Anticipated timelines, deadlines, restrictions, or procedures listed within the Accountability Process will not be altered except in necessary or extreme circumstances in order to uphold the intent of the Accountability Process, as determined by the Director of OSARP or designee. Any requests for alterations must be communicated to the Director of OSARP or designee as soon as practicable. 

  • After reviewing the information in OSARP’s possession with the Responding Party at the Administrative Case Review, the Responding Party has the opportunity to share information, evidence, or witness statements with the Case Administrator to be considered in the adjudication of the case; Responding Parties should come to their Administrative Case Review prepared with any statements, evidence, or information they request be considered. Upon an evaluation of all available information, which may include follow up with witnesses, the Case Administrator will use a preponderance of evidence standard to determine if the Responding Party is responsible for the alleged policy violation(s). 

    • If the student fails to appear at an Administrative Case Review, regardless of whether the appointment was set based on the student’s academic schedule or scheduled by the student, the Case Administrator will make a decision in the case in their absence based solely on the information provided in the incident documentation. 

  • If the Responding Party is found responsible, the Case Administrator will inform the Responding Party orally of the decision and the sanction(s) that will be assigned. If the student is found not responsible, the Case Administrator will inform the Responding Party orally of their decision. Students who have their case decided in their absence will be notified of the Case Administrator’s decision via email. 

  • If found responsible, the Responding Party may indicate their acceptance to the Case Administrator and make a commitment to completing the required sanctions. Failure to complete the assigned sanctions could result in an additional alleged policy violation of Failure to Comply with a Disciplinary Decision. The Responding Party may also choose to reject the decision and request a re-hearing of the case at an Accountability Board Case Review.

    • If the student does not indicate whether they accept or reject the decision made by the Case Administrator at the Administrative Case Review, a follow up meeting will be scheduled for this decision. If the student does not attend this scheduled follow up meeting, the decision of the Case Administrator will become final and the student will not have the opportunity to reject the decision and request a Case Review before members of the Accountability Board in the applicable setting or by a second University Case Administrator when the defined circumstances for a case to be heard by a University Case Administrator are met.  

    • Students who have their case decided in their absence will be notified of the decision in their case via email and provided four days by which to accept or reject the decision, in accordance with their right to have the case re-heard at an Accountability Board Case Review. The decision of the case will stand if the student does not respond to the decision notification email by the deadline provided to accept or reject the decision. 

    • Students who reject the decision made by their Case Administrator will be scheduled for an advising session to go over the procedures used in an Accountability Board Case Review.  If a Responding Party does not attend this scheduled advising session, the decision of the Case Administrator will become final and the student will not have the opportunity to have the case re-heard before members of the Accountability Board in the applicable setting or by a second University Case Administrator when the defined circumstances for a case to be heard by a University Case Administrator are met. 

    • During the last three weeks of any regular semester or the summer sessions, if a Responding Party rejects the decision rendered at an Administrative Case Review the Responding Party may choose to have the Accountability Board Case Review conducted as soon as practicable by a University Case Administrator or choose to postpone the Accountability Board Case Review until the following semester to be conducted as outlined in the Accountability Process. OSARP may require that the Accountability Board Case Review be conducted by a University Case Administrator due to the availability of witnesses and the Responding Party (e.g. graduating or transferring students, study abroad participants, or off site student teaching, etc.), or in other circumstances as determined by the Director of OSARP or designee, or may require that the Accountability Board Case Review be postponed to the following semester.

Administrative Case Reviews are closed meetings between the student and the Case Administrator except in cases where potential outcomes include suspension or expulsion when a Support Person may attend in accordance with the restrictions outlined in the Accountability Process. OSARP shall keep all information and decisions confidential and only release it with the student’s permission or to the extent permitted by law. Students are not permitted to make their own recordings of an Administrative Case Review. Support Persons are not permitted at an Administrative Case Review. The Responding Party (and Reporting Party, as applicable) shall receive notice of all rights they are guaranteed through the Accountability Process. By refusing to participate in the adjudication process, the student may be deemed to have waived any rights connected with direct involvement, such as having the decision communicated orally by the Case Administrator. In Administrative Case Reviews, the technical rules of evidence applicable in civil and criminal cases do not apply.

A student who provides falsified or misleading information at an Administrative Case Review may be receive an additional alleged policy violation of J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or Accountability, Honor Council, or other University Conduct Process


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