Procedures
Reporting Alleged Misconduct
Any member of the University community wishing to report an alleged incident of misconduct under this Code may make such report to the Director of Student Conduct. Reports generated by Sorority and Fraternity Life and Residence Life and Housing, as well as Emory Police, will be forwarded to the Director of Student Conduct for review. The Director will determine whether action should be taken in response to a report. This determination may result in the report being assigned to a conduct officer for investigation, or in assignment to the Peer Review Board for an informal hearing. Reports of alleged misconduct which meet the criteria for medical amnesty may be resolved as outlined within the Medical Amnesty Policy.
Reports that result in assignment to a conduct officer for investigation, the Office of Student Conduct will notify the accused student in writing that he or she must make an appointment for a preliminary meeting within three days of the date on the written notice. Failure to schedule or attend this meeting will result in a formal hearing on the alleged misconduct before either a conduct officer or the University Conduct Council.
For reports that result in assignment to the Peer Review Board for an informal hearing, the Office of Student Conduct will notify the accused student in writing of his or her scheduled hearing date, time, and location. Failure to attend this hearing will result in the board making a decision on the alleged misconduct without the benefit of the accused student's involvement.
For reports alleging misconduct by an organization, the president of that organization shall be the designated representative of the organization in all conduct proceedings. In this Code, all references to an accused student may also refer to an accused organization.
Preliminary Meeting
For cases assigned to a conduct officer for investigation, a preliminary meeting shall occur between a conduct officer and the accused student to review the report as well as to ascertain the accused student's perspective on the incident. The purpose of this meeting is to review the alleged misconduct with the accused student, and to determine if, in the conduct officer's determination, the accused student violated the Code. If the conduct officer determines this Code was not violated by the accused student, then the case shall be dismissed. If the conduct officer determines it is likely that the Code was violated by the accused student then the accused student will be advised of the alleged violations and shall have the opportunity to accept or not accept responsibility for each alleged violation of this Code.
If a student accepts responsibility for having violated this Code, the conduct officer will make a recommendation of sanction(s).
If a student does not accept responsibility for an alleged violation or declines to make a decision, then the student shall have a formal hearing. The accused student shall have the right to select a formal hearing before either a conduct officer or the University Conduct Council. Failing to choose shall result in the Director of Student Conduct making this choice.
Informal Hearings
Accused students who are referred to the Peer Review Board shall have informal hearings. The purpose of an informal hearing is to examine the report of misconduct, make a determination of responsibility and, if necessary, recommend sanction(s).
In situations where multiple students are alleged to have violated the Code based on their behavior in one incident the Peer Review Board may, at its discretion, hold a joint hearing for all of the accused students. In a joint hearing all information and testimony are reviewed for all accused students, and the Board makes an independent decision with respect to each student regarding responsibility and, if necessary, what sanctions are to be recommended.
The following procedures and rules shall apply to all informal hearings:
At least a majority of members of the board must be present in order to hear and decide a case.
Failure on the part of the accused student to attend this hearing will result in the board making a decision on the alleged misconduct without the benefit of the accused student's involvement.
The proceedings shall be non-adversarial in nature. The chair of the board is empowered to take such steps as may be necessary to preserve the non-adversarial character of the hearing.
Hearing proceedings may not be recorded.
The chair of the board shall determine the admissibility of all evidence and testimony, as well as the relevance of all questions posed by the board. This determination shall be based on relevance. Rules of evidence applicable to court proceedings shall not apply.
The accused student shall have the right to be present at all times during the hearing, except when the board enters into deliberations.
The board may require any student of the University to attend to give testimony relevant to the case under consideration. The board may request the attendance of a faculty or staff member, or alternatively request that a faculty or staff member furnish a written statement.
After evidence has been reviewed the board shall deliberate to decide the case. The accused student shall be found responsible or not responsible by a majority vote. The standard that shall be used is one of preponderance of evidence.
If the accused student is found responsible the board shall deliberate to make a recommendation of sanction(s). The sanction recommendation shall be determined by a majority vote. All recommendations shall be reviewed by the Director of Student Conduct.
At the conclusion of the process the student will be notified in writing of the outcome of his or her case by the Office of Student Conduct.
Each board may adopt additional procedures and rules as deemed necessary to the orderly operation of the hearing, provided that those procedures and rules do not conflict with the provisions of this Code.
Formal Hearings
Students who are formally charged with misconduct or who do not participate in the conduct process by scheduling or attending a preliminary meeting or by making elections regarding the disposition of their case shall have a formal hearing. The purpose of a formal hearing is to examine the report of misconduct, the results of the initial conduct officer's investigation and additional evidence or testimony relevant to the case in order to make a determination of responsibility, and if necessary to make a sanction recommendation.
In situations where multiple students are alleged to have violated the Code based on their behavior in one incident the hearing body may, at its discretion, hold a joint hearing for all of the accused students. In a joint hearing all information and testimony are reviewed for all accused students, then the hearing body makes an independent decision with respect to each student regarding responsibility and, if necessary, what sanctions are to be recommended.
The following procedures and rules shall apply to all formal hearings:
Notification of the date, time and location of the hearing; a list of witnesses asked by the University to testify; and notification of the allegations of possible violations shall be sent in writing to the accused student, and the complainant if any, at least seven calendar days before the scheduled date of the hearing.
Failure on the part of the accused student, complainant, advisor, or witnesses to attend this hearing will result in the hearing body making a decision on the alleged misconduct without the benefit of the accused student’s involvement, the advisor’s support, or witnesses’ testimony.
For cases assigned to the University Conduct Council at least a majority of members of the board must be present in order to hear and decide a case.
There shall be a single verbatim record, such as a tape recording, of all formal hearings (not including deliberations). The recording shall be the property of the University.
The proceedings shall be non-adversarial in nature. The conduct officer or chair of the Council is empowered to take such steps as may be necessary to preserve the non-adversarial character of the hearing.
The Director, or designee, conduct officer or chair of the Council shall determine the admissibility of all evidence and testimony, as well as the relevance of all questions. This determination shall be based on relevance, and rules of evidence applicable to criminal or civil court proceedings shall not apply.
The accused student, and the complainant if any, shall have the right to be present at all times during the hearing, except when the conduct officer or the council enters into deliberations.
The University may require any student of the University to attend and to give testimony relevant to the case under consideration. Signed, written statements of witnesses who cannot attend the hearing may be accepted at the discretion of the chair and/or Director of Student Conduct. The University may request the attendance of a faculty or staff member, or alternatively request that a faculty or staff member furnish a written statement.
After all admissible evidence has been reviewed, the conduct officer or the council shall deliberate to decide the case. For cases assigned to the University Conduct Council, the accused student shall be found responsible or not responsible for each alleged violation and by a majority vote.
For all cases, the standard that shall be used is one of preponderance of evidence.
If found responsible the conduct officer or the Council shall deliberate to make a recommendation of sanction(s). For cases assigned to the University Conduct Council, the recommendation of sanction(s) shall be determined by a majority vote. All recommendations shall be reviewed by the Director of Student Conduct.
At the conclusion of the process the student will be notified in writing of the outcome of his or her case by the Office of Student Conduct.
Each hearing body may adopt additional procedures and rules as deemed necessary to the orderly operation of the hearing, provided that those procedures and rules do not conflict with the provisions of this Code.