Administrative Conference
In instances where a student is charged with alleged Student Code of Conduct violations that will likely result in a sanction less than removal from university housing, University suspension, or expulsion, the student will be entitled to an administrative conference. Minor residence hall violations are usually handled in this manner. Students entitled to an accountability hearing may also choose to request an administrative conference, with the understanding that the full range of sanctions, including residence hall suspension, University suspension, or expulsion, will be applicable. An administrative conference will normally consist of an informal meeting between the respondent and SARP staff, who will serve as the hearing officer (or will serve as University representative in instances where the University is the complainant and another SARP staff will serve as the hearing officer). SARP staff will gather all information necessary to make a just decision in the case. If SARP staff determines that the student is responsible for the violation, SARP staff will impose sanctions appropriate for the violation.
Administrative Conference Procedures
The following procedural guidelines are established for respondents charged with violations of the Student Code of Conduct and assigned to an administrative conference through Student Accountability and Restorative Practices:
● The student will be notified by the Coordinator of Student Accountability that a complaint has been made. The Coordinator of Student Accountability will provide the student with a written statement with the name of the complainant (person(s) or the University), the procedures for resolving the complaint, and the range of sanctions that may be imposed.
● The student is expected to schedule a meeting with the Coordinator of Student Accountability, or a designated SARP staff member, within three business days of the date the letter is sent.
● If the student fails to arrange a meeting with the Coordinator of Student Accountability, or a designated SARP staff member, within three business days after the letter is sent or fails to show up at the scheduled administrative conference, information in support of the charge(s) will be considered. “
● The student will be informed by the Coordinator of Student Accountability of two possible ways to handle the case: 1) appear at a scheduled administrative conference and present their case before the Coordinator of Student Accountability (or another Student Accountability and Restorative Practices staff in those instances where the University is the complainant and the Coordinator of Student Accountability presents the case), or 2) accept responsibility for the violation(s) as charged, waive his/her right to an administrative conference and presenting witnesses on their behalf, and accept sanctions imposed by the Coordinator of Student Accountability.
● Students who have a disability and believe they need reasonable accommodations in order to participate in the administrative conference process should inform the Coordinator of Student Accountability and contact the Disability Services Center (DSC). Requests should be made as soon as possible to ensure that the University has sufficient time to review and process the accommodation request. Any accommodation(s) deemed necessary by DSC will be incorporated in the administrative conference process.
● The student will be notified at least three (3) business days in advance of the time, date, and place of the administrative conference. All administrative conferences will be conducted in private.
● A single administrative conference may be held for more than one person charged in a case arising out of a single or multiple occurrence(s). The Coordinator of Student Accountability will make such determinations. However, each student retains the right to have their case heard individually.
● The student will have reasonable access to inspect and review pertinent information obtained by the Coordinator of Student Accountability, including the identity of participants and/or witnesses, pertaining to the case prior to and during the administrative conference. The Coordinator of Student Accountability will ensure that all such information is made available to the complainant and respondent at least three business days before the administrative conference.
● The student may appear in person and present relevant information to the Coordinator of Student Accountability (or “designee” SARP staff conducting the administrative conference) and may call witnesses. The student will have the opportunity to hear and question all participants at the conference. Should the student elect not to appear at the conference, it will be held in the absence of the student. In such instances, the information in support of the charge(s) will be present and considered even if the student is not present.
● The student may be accompanied by an advisor of their choice. The student is responsible for presenting their own information, and therefore, advisors are not permitted to speak or to participate directly in the administrative conference. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. A student should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the administrative conference because delays will not be considered due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the administrative conference at the discretion of the Coordinator of Student Accountability (or designee).
● Formal rules of processes, procedures, and/or technical rules of evidence will not be applicable to administrative conferences. Any information or testimony the Coordinator of Student Accountability (or designee) believes to be relevant may be considered.
● After the administrative conference, the Coordinator of Student Accountability (or designee) will determine whether the student is responsible for the violation with which they are charged. The Coordinator of Student Accountability’s (or designee’s) determination will be made on the basis of whether it is more likely than not that the student violated the Student Code of Conduct.
● The student will be informed in person and/or in writing of the right to appeal a decision to the Director, Student Accountability and Restorative Practices (or designee). A decision or judgment of the Coordinator of Student Accountability (or designee) may be appealed by either or both of the parties involved on the following grounds:
○ Procedural irregularity that affected the outcome of the matter. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
○ There is new or newly discovered information that could not have been produced at the conference that could affect the outcome of the matter. In order for the Director, Student Accountability and Restorative Practices to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original conference, such information and/or facts must not have been known at the time of the original conference by the appellant.
○ The sanction imposed was clearly inappropriate and/or disproportionate to the conduct for which the person was found responsible.
An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five business days of the date the parties were notified of the decision. In an appeal case, sanctions assessed by the initial Coordinator of Student Accountability may be held in suspense until acted upon in appeal. The appeal will be reviewed by the Director, Student Accountability and Restorative Practices (or designee), and they may affirm or reverse the decision, or modify the sanction originally determined. The Director, Student Accountability and Restorative Practices (or designee) may decide to remand the matter back to the Coordinator of Student Accountability to reopen the administrative conference, if appropriate. The Coordinator of Student Accountability will convey pertinent information related to the case. The decision of the Director, Student Accountability and Restorative Practices (or designee) is final, and is not appealable.
All administrative conferences will be closed to the public in order to protect the confidential nature of the proceedings.
Because of time concerns and the expenses it would incur, provisions for written transcripts of administrative conferences are not required.
The Coordinator of Student Accountability will determine the rules of procedures in addition to those stated herein, and all procedural questions are subject to their final decision.
Contact
- Student Accountability & Restorative Practices (SARP)
- Ely Center | 103
- sarp@gallaudet.edu
- (202) 651-5144
- (202) 510-9594