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

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 staff member in OSARP in accordance with the following procedures:

  • Upon notification of the alleged policy violation(s), the Responding Party will be given five business days to schedule an Administrative Case Review in OSARP. If the Responding Party does not schedule an Administrative Case Review, an appointment time will be set for them based on their academic schedule and they will be informed of the appointment set via email. In some circumstances including but not limited to threats to campus and/or student safety or the timeliness of a case, at the discretion of the Director of OSARP or designee, the Responding Party may not be provided the opportunity to schedule the Case Review. Instead, an appointment will be set based on their academic schedule and the Responding Party will be informed of the appointment via email. In circumstances where the appointment is set by OSARP, the appointment will provide the appropriate notice of at least three days. 

    • 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, 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 scheduled either by the student or set based on the student’s academic schedule, 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 accept the decision and sign a statement indicating acceptance and making a commitment to completing the required sanctions. Failure to complete the assigned sanctions could result in an additional alleged policy violation of J10-100 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; 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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