Student Conduct Procedures

1. Any member of the University community at the University of San Diego who has been impacted by the behavior of a student or who has concerns about a possible violation of community expectations, including a potential violation of the Code, may share those concerns with the University. To promote accountability, healing, and community well-being, these concerns should be submitted in writing to the Assistant Vice President for Student Affairs/Dean of Students or their designee.
2. Community members are encouraged to bring forward concerns as soon as reasonably possible, generally within 30 days of the incident, so that all individuals involved can receive timely communication, understanding, and resolution. When appropriate, and at the discretion of the Assistant Vice President for Student Affairs/Dean of Students, the timeframe to submit a concern may be extended to support the needs of all those involved. Concerns may also be initiated by any University department. The Assistant Vice President for Student Affairs/Dean of Students may request that Public Safety gather information in order to provide a fair and clear understanding of what occurred.
3. The University is committed to community safety and well-being on and off-campus. As such, incidents that occur off-campus, relate to the security of the University or a member of the University community, relate to the well-being or reputation of the University, or relate to the educational mission of the University may also be addressed through the restorative and student conduct procedures as determined by the Assistant Vice President for Student Affairs/Dean of Students or their designee.
   
   

1. Interim Suspension
   In order to uphold the safety, dignity, and well-being of the University community, the Assistant Vice President for Student Affairs/Dean of Students may place a student on an interim suspension from the University and/or from the residence halls before a resolution is reached through the student conduct and restorative response process.
   
   1. An interim suspension is used to ensure the student’s own physical or emotional safety and well-being, protect University property, or the University’s ability to maintain a supportive and uninterrupted learning environment.
   2. During the interim suspension, the Assistant Vice President for Student Affairs/Dean of Students, may temporarily limit or pause the student’s access to the residence halls and/or to the campus (including classes) and/or any or all other University activities or privileges.

   The student will be notified in writing of this action and the reasons for the interim suspension. The notice will also include instructions regarding the process to share information about why their continued presence on campus does not pose a safety concern.

2. Change in Living Arrangements
   The University may adjust room or hall assignments. Reassignments are managed with the goal of minimizing disruption, maintaining fairness, and fostering a positive and respectful living environment. Staff will make reasonable efforts to communicate the reason for the change, hear any student concerns, and explore available options when appropriate. Further information can be found in the Campus Housing and Dining Services Agreement.
   
   
3. Other Interim Measures
   The Assistant Vice President for Student Affairs/Dean of Students or their designee may identify The Assistant Vice President for Student Affairs/Dean of Students or their designee may identify other interim measures to be implemented.
   
   

The Associate Dean of Students or their designee may identify the appropriate process for an individual student. Options may include: a Community Standards Conference, an administrative resolution meeting, a Peer Review Board, a Conduct Board (each referred to as a “Board”), or an alternative restorative resolution process. The Associate Dean of Students or their designee will determine which hearing officer or Board will hear each matter. When it is determined that a student will meet with a Board, the Associate Dean of Students or their designee will convene the Board. In circumstances when a Board can not reasonably be convened in a timely manner (for example, prior to training, during the last two weeks of the fall and spring semesters, or during intersession and summer sessions), the matter will generally be resolved through an administrative resolution meeting.

1. Community Standards Meeting
   For minor residential life that are alleged to violate the Community Standards contract (e.g. noise, pets, screens, smoking), a Community Standards Conference is facilitated by a Residential Life administrator who will:
   1. Review all information available and identify the community concern(s).
   2. Explain the community concerns to the student and give them the opportunity to provide a response.
   3. Determine whether the student has violated the Community Standards contract.
   4. Identify appropriate outcomes when necessary, which may include opportunities for student reflection and restorative action.
   5. Document the decision and any outcomes.
      
      
2. Administrative Resolution Meetings
   Meetings to review possible violations of the Code are conducted by the Associate Dean of Students or their designee, who will serve as the conduct resolution facilitator. The conduct resolution facilitator will:
   
   1. Review all information available and identify the possible violations.
   2. Explain the possible violations to the student and give them the opportunity to provide a response.
   3. Determine whether the student has violated the Code.
   4. Identify appropriate outcomes when necessary, which may include opportunities for student reflection, education, and restorative action.
   5. Document the decision and any outcomes.
      
      
3. Peer Review Board
   A Peer Review Board hears all cases referred to it by the Associate Dean of Students or their designee. The Peer Review Board will generally hear cases in which a student has prior Code violations or in cases in which the incident has individual or community impact, but does not rise to the serious nature identified in the Conduct Board hearings section below. The responsibilities of the Peer Review Board include:
   
   1. Review all information available.
   2. Give the student the opportunity to provide a response.
   3. Determine whether the student has violated the Code.
   4. If a violation has occurred, recommend appropriate outcomes, which may include opportunities for student reflection, education, and restorative action, to the Associate Dean of Students.
   5. Create an opportunity for reconciliation and reflection.

   The Peer Review Board will be composed of three students trained in the University’s relevant conduct procedures. The Peer Review Board will be advised by a Student Affairs professional, appointed by the Associate Dean of Students.

4. Conduct Board
   A Conduct Board hears all the cases referred to it by the Associate Dean of Students or their designee. These conduct meetings usually involve incidents of a more serious nature that may result in a temporary or permanent separation from the University. The responsibilities of the Board include:
   
   1. Review all information available.
   2. Give the student the opportunity to provide a response.
   3. Determine whether the student has violated the Code.
   4. If a violation has occurred, recommend appropriate outcomes, which may include opportunities for student reflection, education, and restorative actions, to the Associate Dean of Students.
   5. Create an opportunity for student reconciliation and reflection.

   The Conduct Board will be composed of one administrator, one faculty member. and one student. In the case that a faculty member is not available in an appropriate time period, the Associate Dean of Students or their designee may appoint an administrator to fill the faculty role on a Hearing Board. The Associate Dean of Students or their designee will serve as the Board's advisor and be present during all Board meetings and deliberations. The Chair will be the administrator or faculty member serving on the Conduct Board. Members of the Board will be selected by the Associate Dean of Students or their designee from a group of students, faculty, and administrators who are trained in the University’s conduct procedures.

5. Restorative Resolution Process

   The University of San Diego offers Restorative Justice practices as a way to respond to instances of harm and to meet needs that may arise in the community. Cases may be referred to the University's restorative resolution processes at the discretion of the Associate Dean of Students or their designee and when the involved parties voluntarily choose to participate. Restorative resolution processes may include facilitated dialogues such as restorative conferences or restorative circles, as well as indirect facilitation. The goals of restorative processes are to provide an opportunity to collaboratively explore: the nature of the harm, how the incident has impacted individuals as well as the community, and opportunities to best address the harm and associated needs.

   *Hearing Board members who hear a matter involving allegations of Sexual Misconduct or Relationship Violence (see Rules of Conduct #3) will receive annual training on: domestic violence, dating violence, sexual assault, stalking, as well as conducting an investigation and hearing process that protects the safety of victims and promotes accountability.

1. The Board will be convened within ten (10) class days of the date the administrator receives the final investigative documents regarding the incident.
2. A student who is the subject of a complaint will be given notice of the conduct meeting date and the specific allegations against them at least five (5) class days in advance of the meeting.
3. The student will be given the opportunity to examine all documents available to the Board prior to the start of the conduct meeting or as information is presented to the Board.
4. Conduct meetings will be held in a private room.
5. In Board meetings involving more than one student who has allegedly violated the policy, the Assistant Vice President for Student Affairs/Dean of Students, in their discretion, may permit the conduct meeting concerning each student to be held either separately or jointly.
6. All students have the right to bring a support person to the resolution meeting. Unless the matter involves allegations of Sexual Misconduct or Relationship Violence (see Section 5 below), the support person must be a member of the University community and therefore cannot be a non-USD affiliated attorney or parent/guardian and will not speak or participate directly in the conduct meeting.
7. Witness accounts, pertinent records, and written statements may be accepted as information for consideration by the Board at the discretion of the Chair. Formal rules of evidence will not apply to any conduct meeting or other proceedings held pursuant to the Code.
8. A Board member may ask the students and any witnesses any questions that they deem appropriate and relevant to the conduct meeting. The Chair of the Board, in conversation with the Board Advisor, will make the final determination regarding appropriateness and relevance.
9. All procedural questions are subject to the final decision of the Board Advisor.
10. After the conduct meeting, the Board will deliberate to determine, by majority vote, whether the student is responsible for each of the alleged violations. If there is a finding of responsibility, the Board will propose outcomes to the Associate Dean of Students.
11. The Board's decision will be made on the basis of a preponderance of the evidence standard (i.e. whether it is more likely than not that the student violated the Code).
12. In the case of a conduct meeting by the Conduct Board only, there will be a single recording. The record will be the property of the University. Peer Review Board meetings are not recorded.
13. If the student does not attend a scheduled conduct meeting, chooses not to participate, or does not cooperate with the Board during the course of the conduct meeting, information relating to the allegations will still be presented and considered by the Board. The Board will then determine findings and propose outcomes on the basis of the information available to them. The student retains the right to appeal the outcome as provided for in Section 7.
14. The student will be notified in writing of the outcome of the conduct meeting. Consistent with the requirements of FERPA and its implementing regulations, students not involved in the conduct meeting are not informed of the outcome. However, a member of the University community who was alleged to be the victim of violence or a non-forcible sex offense may be informed of the outcome of the conduct meeting.
    
    

1. Decisions made through Peer Review Boards and administrative resolution meetings are not appealable unless either:
   1. The outcome includes removal from housing, a temporary or permanent separation from the University, and/or
   2. There is new and significant information which could change the previous decision. This information must not have been known to the student and could not have been reasonably discovered at or before the original conduct meeting.
      
      The request for reconsideration must be made by the student to the Assistant Vice President for Student Affairs/Dean of Students within five (5) calendar days of the student's first knowledge of the information, but in no event more than ninety (90) days from the original decision.
      
      
2. A student may appeal a decision by a Conduct Board. An appeal must be submitted by the student in writing via this form to the Assistant Vice President for Student Affairs/Dean of Students. Appeals for Conduct Boards must be submitted within five (5) class days of receiving the decision. The written appeal must identify one or more purposes for the appeal, as noted below. The Assistant Vice President for Student Affairs/Dean of Students or their designee may, at their discretion, uphold the sanction(s) until the appeal process is completed.
3. Appeals will be considered by an Appeals Board. The Appeals Board will be composed of one student, one faculty member, and one administrator. Members of the Appeals Board will be selected by the Assistant Vice President for Student Affairs/Dean of Students from a group of faculty, administrators, and students who have been trained in the University’s conduct procedures.
4. An Appeals Board will review the record and supporting documents for one or more of the following purposes:
   1. To determine whether the conduct meeting was conducted fairly in light of the allegations and information presented, and in compliance with applicable procedures. Minor deviations from applicable procedures will not be a basis for sustaining an appeal unless it resulted in significant prejudice to the student.
   2. To determine whether the decision reached regarding the student’s responsibility was reasonable based on the information that was available to the Board or hearing officer (i.e., whether there was information in the case that is sufficient to establish that a violation of the Code occurred).
   3. To consider new and significant information that is sufficient to alter the previous decision. This information must not have been known to the student and could not have been reasonably discovered at or before the original conduct meeting.
   4. To determine whether the outcome, including any sanction(s) imposed, are substantially disproportionate to the severity of the violation and/or the student’s cumulative conduct record of the student.
5. Following its review, the Appeals Board may:
   
   1. Uphold the original decision of the Board or hearing officer.
   2. Conclude that the student has not violated any, or all, of the specific policies in the Code determined by the Board or hearing officer. The Appeals Board may determine that different policies, which were originally alleged, were violated.
   3. Recommend a change to the sanction(s) imposed.
6. The Appeals Board decision, including any recommended changes to the sanction(s) imposed, will be forwarded in writing to the Vice President of Student Affairs. The Vice President of Student Affairs or their designee will communicate the final decision in writing to the student.
   
   

1. Records of individuals processed through the University’s conduct procedures will follow requirements according to the Family Education Rights and Privacy Act of 1974 (“FERPA”). Cases involving student organizations are not considered confidential.
2. Student conduct records will be retained in a manner consistent with the University’s Record Retention Policy.
3. No student will be awarded a degree while an allegation of a Code violation is pending against them. The University is committed to resolving allegations in a timely, fair, and educational manner so that students clearly understand their status and next steps. Our procedures in situations like these are largely dependent on notifications and guidance from the relevant external agencies that oversee or initiate such investigations.
4. The Assistant Vice President for Student Affairs/Dean of Students or their designee has the discretion to determine whether or not a student who has not yet completed the assigned sanction(s) may participate in a graduation ceremony; however, a degree will only be awarded after the student completes the assigned sanction(s).
5. Notwithstanding sections c. and d., the Vice President and Provost, following consultation with the Vice President for Student Affairs (or designee), may approve the posting of the degree while holding the release of the diploma and transcript until the conduct resolution process is completed. The Vice President and Provost (or their designee) will review each case in which a student has completed the degree requirements and the only condition preventing the posting of the degree is a student conduct hold.