Organizational Misconduct Board
Allegations of hazing and/or other organizational misconduct which have been referred to the Organizational Misconduct Board will be resolved in accordance with the following procedures:
1) The Organizational Misconduct Board will resolve complaints of hazing and/or other organizational misconduct that are referred to it by the VP/Dean of Student Life, or designee, or out of the Organizational Misconduct Partnership Process.
2) The Director of Student Conduct, or designee, acts as the fact-finder for the University in complaints resolved by the Organizational Misconduct Board.
3) The Organizational Misconduct Board will be composed of five faculty/staff/administrators selected by the VP/Dean of Student Life, or designee, from the pool of trained individuals for Critical Issues Board, Appeals Board, and Organizational Misconduct Committee hearings, plus the non-voting Presiding Officer (in the event of a tie, the Presiding Officer will cast the tie-breaking vote);
(*) The Associate Dean for Student Life, or designee, acts in the role of the Presiding Officer and is responsible for and will exercise control over the hearing to avoid needless consumption of time and to prevent harassment or intimidation of witnesses. Any person who disrupts a hearing or who fails to adhere to the rulings of the Presiding Officer may be excluded from the proceedings.
4) Organizational/team and/or the Administrator may challenge a Board member on the grounds of personal bias. In addition, the presiding officer may disqualify members challenged by any party for good cause.
5) During the Organizational Misconduct Board Hearing, the Director of Student Conduct, or designee, will present the initial findings, as well as any subsequently learned information regarding the investigation.
6) Accused organizations/teams who fail to appear at the Organizational Misconduct Committee Hearing are in violation of the Code of Student Conduct for failure to comply with the instructions of a University official, and will be subject to the sanctions outlined in Section 12.A.7.d and the case will be resolved by the Organizational Misconduct Board with all findings and sanctions not being subject to appeal.
7) Hearings will be closed to the public, except for the organization/team’s coach or advisor and a maximum of two alumni members who serve an identified role/position within the organization/team. Attorneys are not allowed.
8) All information shared by witnesses must be truthful and will be under penalty of violation of the Code of Student Conduct. Students giving false testimony or declarations and/or intentionally furnishing false information, at any time, may be subject to an individual conduct hearing.
9) Formal rules of information will not apply to conduct proceedings pursuant to this Code of Student Conduct. The Director of Student Conduct, or designee will admit all information, from credible sources, which tend to support or not support what is at issue in the complaint. Unduly repetitious or irrelevant information may be excluded. Character witnesses are not permitted, but up to three (3) character statements can be submitted in writing for consideration during sanctioning. Testimony containing circumstantial information may be heard if relevant, but a final determination may not be based on circumstantial information alone.
10) Witness statements may be requested in writing to expedite the hearing process.
11) All parties, witnesses, the public, and the Director of Student Conduct, or designee, will be excluded during the Organizational Misconduct Board’s deliberations.
12) The Organizational Misconduct Board will make a finding of “responsible” or “not responsible”. If the totality of the information, supplied by any party or witness or other means, indicates a violation of the Code of Student Conduct is “more likely than not,” the organization/team will be found responsible for the violation. If the information does not make a violation “more likely than not,” the organization/team must be found not responsible.
13) A determination of “responsible” will be followed by a supplemental proceeding in which the Director of Student Conduct, or designee, may submit information or make statements concerning the appropriate sanction to be imposed and may solicit suggestions from the responsible organization/team.
14) Final decisions of the Organizational Misconduct Board will be by majority vote and will consider evidence of pattern behaviors including previous similar allegations and violations.
15) The Presiding Officer, on behalf of the Organizational Misconduct Board, will prepare a written deliberation report to the VP/Dean of Student Life detailing the findings, how each Board member voted, the information cited in support of the finding, and any excluded and why. This report should conclude with any sanctions imposed.