Honor Code Administrative Review Process
When considering matters involving the possible application of actions to students, for Honor Code violations, the university will substantially follow the procedures outlined in this policy. However, any departure from these procedures will not act to invalidate the decisions reached by the university, provided the procedures followed have been fundamentally fair, given the facts and circumstances of the case.
When the Honor Code Office receives a violation report which they believe to be valid and within their area of responsibility, they notify the student of the report and give the student an opportunity to make a verbal and/or written response. If there is a discrepancy between the report and the student response, the Honor Code Office further investigates the report. Thereafter, the Honor Code Office makes a determination whether it is more probable than not that a violation has occurred. If they determine it is more probable than not that a violation has occurred, an appropriate action is applied to the student. Actions for violations range from record retention to dismissal. When a formal action (warning, probation, suspension or dismissal) is taken, an Honor Code Office counselor provides the student with a written statement of the Honor Code Office's decision, a written explanation describing the administrative review process and an Honor Code Administrative Review Application.
The Review Process
To initiate a review, the student must complete the Administrative Review Application form and deliver it to the office of the Dean of Students, LSB 241, within two (2) school days of receipt of the notification.
In a circumstance where it is determined that a substantial threat to the well being or personal safety of the student or others exists, the student may not participate in university activities pending the outcome of the review. In a circumstance where it is determined that a substantial threat does not exist, the student may participate in all university activities pending the outcome of the review. The Honor Code Office will make this determination and notify the student.
The Informal Review
Honor Code Informal Administrative Review Application
In the event a student admits to misconduct but objects to the severity, appropriateness, or fairness of the action, the student may request a review of the Honor Code Office Action. The grounds for requesting a review may be any or all of these three:
- The student claims that the Honor Code Office decision is not reasonably supported by substantiated facts
- The student claims that mitigating facts and circumstances were not fairly considered by the Honor Code Office
- The student claims that the Honor Code Office has not followed its procedures which has resulted in an unfair decision.
Upon receiving the Administrative Review Application, the Dean of Students will assign an individual having no prior involvement in the determination of the action to read the application and supporting documentation submitted by the student and the Honor Code Office student file. The reviewer may also make independent inquiries of the Honor Code Office and/or student. At the conclusion of the process the reviewer will recommend a course of action to the Dean of Students in accordance with the following guidelines.
In reviewing any Honor Code Office decision, the reviewer is charged to:
- Determine whether or not the decision of the Honor Code Office is reasonably supported by the information as applied to university policy
- Identify mitigating facts and circumstances not already taken into consideration which in fairness would require the imposition of a lesser action against the student
- Determine whether or not the Honor Code Office has failed to observe its own procedures.
If the reviewer determines the decision of the Honor Code Office was reasonably supported, there are no substantial mitigating circumstances not already taken into consideration, and the Honor Code Office followed fair procedures, the reviewer will simply recommend affirmation of the decision of the Honor Code Office. Conversely, if the decision of the Honor Code Office is not reasonably supported, there exists substantial mitigating circumstances which the Honor Code Office failed to consider, or the Honor Code Office failed to follow prescribed procedures, the reviewer may independently evaluate the matter and recommend an appropriate course of action to the Dean of Students. The recommendation may be the same action as the original Honor Code Office decision or an action that is more favorable or more adverse to the student than the original decision.
