Procedures

In accordance with federal regulations, certain cases may be designated as Title IX cases as described in the University’s Title IX policy. This designation will be included in a Notice of Investigation sent to the involved parties. For such cases, details regarding applicable Title IX procedures may be found here. All other cases will follow the procedures outlined below.

Reports

The student conduct process begins when Student Conduct Services receives a written report of an incident. These reports include but are not limited to police reports, investigation reports from the Office of Title IX Programs and Gender Equity, or incident reports from faculty, staff, or students. A Hearing Officer will review the information available to decide the next steps.

Review

If a Hearing Officer reviews a report and determines that misconduct did not occur, no disciplinary action will be taken. If, however, it appears the student may have engaged in prohibited conduct as identified in the Student Conduct Code, a Hearing Officer may assign charges from the Student Conduct Code and schedule a student conduct hearing or pursue an alternative resolution process. In cases where a student organization is alleged to have engaged in prohibited conduct, the incident will be reviewed by the Lead Team to examine the alleged violations and make a recommendation to the Director on next steps which may include a student conduct hearing or an alternative resolution process.

Notification of Student Conduct Hearing

The student or organization is notified of the charges in writing, along with the date, time, and location of the hearing. Documentation of the incident will be included with the notice letter. Any information not included in the notice letter that may be considered to determine responsibility will be made available to the Responding Party for viewing with staff of the Student Resolution Center upon request. Reproduction of that information in any form is prohibited. Police reports may be made available by the responding law enforcement agency (usually for a fee) or may be made available to the Responding Party for viewing with staff of the Student Resolution Center upon request. Requests to reschedule a hearing will be considered by the Hearing Officer and may be granted at the Hearing Officer’s discretion. The notice letter is sent to the student’s current University email address. In cases involving a student organization, the notice of hearing will be emailed to the President of the organization on record.

The student or organization will have at least two (2) business days to prepare for the hearing unless the student or organization and the Hearing Officer agree in writing to waive the two (2) business days’ notice.

In cases where a Hearing Officer has identified an Impacted Party, the Hearing Officer may provide that Impacted Party with the Responding Party’s charges, along with the date, time, and location of the hearing. Documentation of the incident will be included with the notice letter. Any information not included in the notice letter that may be considered to determine responsibility will be made available to the Impacted Party for viewing with staff of the Student Resolution Center upon request. Reproduction of that information in any form is prohibited. An Impacted Party will have the opportunity to participate in the student conduct process. Participation includes the right to present information and/or provide written statements prior to the Responding Party’s hearing, request witnesses, observe the hearing, bring a support person/advisor to observe the hearing, be notified of the outcome of the hearing and appeal the outcome decision of the hearing.

Notification of Alternative Resolution Process

In some cases, a Hearing Officer may offer a resolution option other than a student conduct hearing (e.g., educational workshop, conflict coaching, mediation, restorative justice). If the student or organization chooses to participate in an alternative resolution process and complies with all requirements of that process and its resolution, that incident will not be maintained as part of a reportable student conduct record.

When offering an alternative resolution process, the Hearing Officer will consider the severity of the reported behavior, the student conduct record of the individual student or student organization, and the educational outcomes available. The student or organization will receive in writing the resolution opportunity available to them. If the student or organization does not wish to participate in the alternative resolution process, they may request a student conduct hearing. Alternative resolution processes are binding and not subject to appeal. If the student or organization does not complete the alternative resolution process, they may face additional disciplinary action.

Alternative resolution processes include but are not limited to:

Responsible Action Exemption: The University seeks to promote a safe and healthy environment for all its students and community members. As such, the University has adopted a Responsible Action Exemption for students seeking medical assistance for themselves or others in emergency situations that result from alcohol or drug use. Responsible Action Exemptions also extend to students and organizations who seek assistance or report planned or actual hazing behavior.

Students or organizations, both on and off campus, who 1) seek medical attention for themselves or on behalf of another student related to the use of alcohol or drugs or 2) who report planned or actual hazing will be exempt from Student Conduct Code charges related to the reported incident, provided that the student or organization complies with any intervention assigned by a Hearing Officer. If a student is under 21 years old, parents or guardians may be notified if considered necessary or appropriate. The University reserves the right to adjudicate any case in which the violations are egregious or repeated.

If a student or organization believes they qualify for a responsible action exemption, the following steps must be completed: 

  • The student or organization must make initial contact with an appropriate resource (i.e. law enforcement, medical personnel or University Official) to 1) actively seek assistance for themselves or on behalf of another individual at the time medical attention is needed, or 2) report actual hazing when it is occurring or planned hazing activities.
  • The student or organization seeking assistance must give their name to law enforcement, medical personnel, or the applicable University Official, remain on scene (where applicable), and cooperate with law enforcement, medical personnel, or University Officials.
  • The student or organization seeking an exemption must meet with a Hearing Officer from Student Conduct Services and comply with any intervention assigned by a Hearing Officer.
  • Failure to complete assigned interventions may result in the application of Student Conduct Code charges.

Option Letter: When a report of an alleged violation of the Student Conduct Code is received, a Hearing Officer may assign charges and offer a student the option to resolve the situation by forgoing a student conduct hearing. The option letter will be sent to the student’s current University email address and will include the applicable Student Conduct Code charges and a finding of responsibility. Additionally, the Hearing Officer will impose sanctions. Documentation of the alleged violations may be included with the option letter. If the student agrees with the finding(s) and sanction(s) and chooses to complete all sanctions assigned by the Hearing Officer, the incident may not be maintained as part of the individual student’s reportable conduct record. If the student disagrees with the finding(s) or sanction(s) they can choose to schedule a student conduct hearing and all of the procedures in the Student Conduct Hearing section of this code will apply. If the student does not contact the Student Resolution Center within ten (10) business days after the option letter is sent it will be assumed that the student accepts responsibility for the charges and will complete all the sanctions by the assigned deadlines.

Rams Taking Responsibility: When an alleged violation of the Student Conduct Code involves a student organization, an alternative resolution process may be granted at the discretion of Student Conduct Services. Student organizations may be offered the opportunity to participate in Rams Taking Responsibility which is an accountability process where the organization conducts its own investigation to identify areas of concern, growth opportunities, and required educational programming to mitigate these concerns. By participating in Rams Taking Responsibility, the organization must comply with all requirements of that process and its resolution which are binding and not subject to appeal. The incident will not be maintained as part of the organization’s reportable student conduct record though other notifications may be required. If the student organization does not complete the alternative resolution process, they may face additional disciplinary action. 

Student Conduct Hearing

Student Conduct Hearing A student conduct hearing is facilitated by a Hearing Officer authorized by the Director of the Student Resolution Center. When the Responding Party is a student organization, the hearing will be conducted either by the Director or by the All University Hearing Board (AUHB). The purpose of the student conduct hearing is to discuss alleged violations of behavioral expectations as identified in the Prohibited Conduct section of the Student Conduct Code. As part of this process, students or organizations will be asked to share their perspective related to the alleged violations and discuss personal responsibility and community impact. Those charged with engaging in prohibited conduct will have the opportunity to receive a fair hearing. The formal rules of process, procedure and evidence used by the criminal justice system do not apply to the student conduct process.

Standard of Proof: To find that a student or organization has engaged in prohibited conduct, the standard of proof required is a preponderance of the information contained in the record. The information must demonstrate that it is more likely than not that the violation occurred.

Support Person/Advisor: A Responding Party and any Impacted Party may have a support person/advisor throughout the student conduct process. However, the student conduct process is an administrative process between students and Student Conduct Services. As such all communication regarding the student conduct process will be sent to the involved students, who may share information with their support person/advisor. Student Conduct Services will not be responsible for providing information directly to support persons/advisors or responding to communications from support persons/advisors. All communications must be from the students involved. A Responding Party and any Impacted Party may bring a support person/advisor to the hearing, at their own expense. The support person/advisor may be an attorney. The support person/advisor may not speak on the student or organization’s behalf or participate directly in the hearing. The support person/advisor may not serve in a dual role as a witness in the hearing. In cases involving alleged violence (including domestic violence and dating violence), sexual misconduct, or stalking a support person/advisor may not be another student except for extraordinary circumstances and approved by a Hearing Officer.

Recordings: All student conduct hearings may be recorded. If the student or organization wishes to have their hearing recorded, a request must be made before the hearing. If the student or organization requests a copy, the recording of the hearing will be transcribed at the expense of the student/organization and prepared by a credentialed transcriptionist. Alternatively, the recording may be made available to the Responding Party and any Impacted Party for viewing at the Student Resolution Center. Reproduction of the recording in any way, by a Responding Party, Impacted Party, or support persons/advisors is prohibited.

Witnesses: The Responding Party and any Impacted Party may request relevant witnesses for the hearing. A request for witnesses must be made at least three (3) business days prior to a scheduled hearing. Only the Hearing Officer may ask questions of witnesses. The Responding Party or Impacted Party may suggest questions in writing for each witness at least three (3) business days prior to a scheduled hearing. The Hearing Officer has the discretion to ensure questions are relevant. Witnesses may be present only when they are providing information. Witnesses may not serve in the dual role as a support person/advisor.

Missed Hearings: If the Responding Party misses the scheduled hearing, the Hearing Officer may proceed in the student’s absence and will make a decision with the information available in the record of the case.

Accommodations: Student Conduct Services is committed to providing necessary accommodations to ensure a fair and safe process for participants. Accommodations will take into consideration disabilities, personal safety and language differences. Students should request accommodation at least three (3) business days prior to a scheduled hearing.

Decisions

The Hearing Officer determines the finding of responsibility for each charge based on the preponderance of information standard—whether it is more likely than not that the Responding Party engaged in prohibited conduct. If found responsible for engaging in prohibited conduct as outlined in the Student Conduct Code, the Hearing Officer will determine appropriate sanctions. A Hearing Officer has ten (10) business days from the date of the hearing to provide a decision to a Responding Party. The number of days may be extended at the discretion of the Hearing Officer, who will notify all parties of any delay. The hearing outcome will include the findings of responsibility, rationale for the findings, sanctions (if applicable), and information on the appeal process. In cases involving an Impacted Party, they will also be notified of the Hearing Officer’s decision. A copy of the decision may be shared with appropriate University offices.

Sanctions

The student conduct process is based on an individual review of each case.

The Hearing Officer will consider the totality of information in each case when determining appropriate sanctions. This includes but is not limited to the severity of the incident, the student/organization’s student conduct record, demonstrated understanding of the impact of their behavior, and the role that alcohol and drugs may have played in an incident. The Hearing Officer may impose one or more sanctions as appropriate for student development and community well-being. More than one sanction listed below may be imposed for any single violation. If the student or student organization fails to complete sanctions by the stated deadline, a “hold” will be placed on the student’s registration status. A student or organization could face additional disciplinary action for failure to comply with sanctions. The following sanctions may be applied when appropriate.

Disciplinary Standings: A Hearing Officer may apply a disciplinary standing as a sanction for violating the Student Conduct Code.

Disciplinary Probation

Disciplinary probation is for a designated period of time during which a student or organization is expected to show appropriate changes in behavior. A violation of the Student Conduct Code while a student or organization is on disciplinary probation or any subsequent misconduct, may result in further disciplinary action, including loss of good standing, suspension, or expulsion.

Loss of Good Standing

Loss of good standing is for a designated period of time during which the student or organization is expected to show appropriate changes in behavior.

A student or organization who is not in good standing with the University and is prohibited from:

  • representing the University through official events
  • serving on a University committee
  • participating in intercollegiate or sports club athletics
  • holding office in a student organization

A violation of the Student Conduct Code while a student or organization is not in good standing or any subsequent misconduct, may result in further disciplinary action, including suspension, or expulsion. A student or organization may be given the option of earning back their good standing at the discretion of the Hearing Officer.

Disciplinary Suspension

Suspension is for a designated period of time during which the student may not attend classes, access any University premises, participate in University activities, or be employed by the University. In some instances, the student must fulfill specified conditions before the student is eligible for re-admission. Disciplinary suspension is noted on the student’s official transcript during the period of suspension and until all other sanctions or conditions for re-admission have been completed.

Deferred Disciplinary Suspension

Disciplinary suspension is deferred while the student participates in a designated program. The student may remain enrolled as long as the student is compliant with the designated program.

Disciplinary Expulsion

The student is permanently separated from the University and may not return. The student may not attend classes, access any University premises, participate in University activities, or be employed by the University. The expulsion is permanently noted on the student’s official transcript.

Loss of Student Organization Recognition

The AUHB or Hearing Officer may recommend to the Dean of Students that a student organization lose recognition after a student conduct hearing. Approval of this action deprives the student organization of the use of campus resources, the use of the University’s name, and the right to participate in campus sponsored activities or recruit Colorado State University students. This loss of recognition may be for a specific period, for an indefinite period of time, or until stated conditions are met. Should the Dean of Students approve this action, an official request will also be sent to the national office that the local student organization’s charter be revoked.

Discretionary Sanctions: A Hearing Officer may require the student or organization to complete or comply with discretionary sanctions. Discretionary sanctions include but are not limited to:

Academic

  • Academic Penalties: Instructors may impose a “grading penalty” upon a finding that a student has, either intentionally or unintentionally, committed academic misconduct. The minimum is reduced credit on the assignment and the maximum is course failure, regardless of academic performance. The instructor may also remove the repeat/delete option for a student.
  • Academic misconduct transcript notation: The “AM” notation by a course grade as a result of academic misconduct may only be added to the official transcript with agreement of both the course instructor and a Hearing Officer. That negative notation is generally permanent.

Admissions

The University may revoke a student’s admission to the University for fraud, misrepresentation, or for other serious violations committed by the student prior to matriculation.

Alcohol and Other Drugs

Drugs, Alcohol, and You (DAY) Programs at the CSU Health Network provides a continuum of services including assessment, educational workshops, and treatment that student may be required to complete.

Conflict Resolution

  • Conflict Coaching: Students have the opportunity to talk about conflict and gain skills to handle conflict in a supportive and confidential environment. Conflict Resolution staff assist students in identifying goals, developing clarity, and managing conflict in the future.
  • Mediation: Mediation is a voluntary and confidential process where a neutral third-party facilitator helps two or more people in conflict have a constructive conversation about important issues. The mediator does not take sides, give advice, or tell parties what to do. The SRC staff will mediate small group disputes (i.e. roommate conflicts) and will also facilitate large-scale discussions involving multiple parties.

Restorative justice: A restorative justice conference brings together those who were impacted by an offense, including those who were harmed, those who were responsible for causing the harm, and impacted community members. Through a facilitated dialogue, they discuss what happened and determine the best ways to repair harm and improve relationships.

Impact Circles: Impact circles are a form of Restorative Justice that brings together small groups of students, who have been found responsible for similar types of offenses, with relevant community stakeholders. Through answering questions about their specific incidents and hearing others’ stories and perspectives, students gain a better understanding of the impacts of their behaviors on the larger community.

Degree Conferral

  • Withholding degree: The University may withhold awarding a degree otherwise earned until the completion of the student conduct process, including the completion of sanctions imposed.
  • Revocation of degree: The University may revoke a degree for serious violations of the Student Conduct Code committed by the student prior to graduation. Only the Board of Governors may authorize the revocation of a degree.

Educational Workshops

Students may be required to participate in one or more of a variety of workshops designed to address specific knowledge or skill areas. These workshops are intended to help a student learn more about themselves and our shared communities.

Housing Modifications

  • Residential reassignment: A student may be reassigned to another residence hall room or building for disrupting the residential community or to appropriately separate persons.
  • Residential expulsion: The student is permanently banned from all residence halls.

Interpersonal Violence

A student may be required to complete an evaluation and recommended treatment.

Loss of Privileges

Privileges afforded to student organizations may be temporarily restricted in relation to the severity of the behavior and the relevant conduct history of the organization. These restrictions may include, but are not limited to:

  • Restrictions on social events, including but not limited to restriction of the presence of alcohol at social events.
  • Restrictions on recruitment of new members into the organization for a designated period of time.
  • Restrictions on the organization’s ability to participate in meetings or events.

Parent/Guardian Notification

The University may notify parents/guardians when a student under the age of 21 is found responsible for violations of the Student Conduct Code involving alcohol, drugs, or violence. Parental/guardian notification may also be made when a student is suspended or expelled from residence halls or the University.

Restitution

Monetary compensation for loss or damages to University property.