terms used in the process

• Complainant: an individual who is alleged to be the victim of conduct that could constitute a University policy violation.
• Respondent: an individual who has been reported to be the perpetrator of conduct that constitutes a University policy violation.
• Appeal Officer: Conduct Administrator who has had no previous role in a given case and reviews appeals to decided cases.
• Business days: weekdays when the University is open.
• Report: information provided about possible misconduct and/or violations of University policy.
• Resolution Meeting: a conduct hearing facilitated by a Conduct Administrator to evaluate a Respondent’s responsibility for policy violations.
• Charge: An alleged policy violation. A charge does not assume a student or organization is responsible for policy violations and responsibility will not be determined until the resolution meetings are finished.
• Outcome: a formal sanction imposed on the Respondent in response to policy violation(s).
• Conduct Administrator: an appointed administrator and/or panel that has been directed to make a decision about the Respondent’s responsibility for alleged policy violations.

Confidentiality

Except as specifically authorized under applicable law, both the content and the outcome of a hearing shall be considered private and no member of the conduct administration shall discuss a student’s role in an incident except with other administrators involved in the conduct or sanctioning process or who have a need to know.

The right of the University community to have knowledge of the work of the conduct administration shall be met through the release of summary outcomes of cases which do not mention the names of individuals.

In certain cases, the public nature of the violation of regulations or the student’s own public admission of responsibility may bring attention to a case, but this does not alter the privacy of the conduct proceedings.

Resolution Timeline

An investigation may take up to 30 business days and an investigative report will be prepared within 60 business days of a complaint being made, depending upon the number and availability of witnesses, the academic calendar, and other factors.

Parties should anticipate a resolution meeting, if applicable, will be held within 90 business days of the complaint being made and a written determination regarding responsibility will be issued within 10 business days of the meeting. It is a goal to resolve complaints within 100 business days from notice of complaint, not counting any appeal period. The University may extend an investigation process for reasonable circumstances and will provide this information to the Complainant and Respondent in writing. 

Every effort will be made to resolve allegations of policy violations during the academic year in which they occur; however, if alleged cases of misconduct occur too late to be resolved during the semester, all or part of the conduct process may be resumed during the following semester unless arrangements can be made for all participants to be available at an earlier date.

Notifications to Parties

Parties will be notified in writing, via Linfield email of the following:

• Investigations: the allegations against them, the Complainant(s) if applicable, the date(s) of the alleged violation(s), and information about the investigative process. In some cases, general inquiry will occur before a formal investigation is initiated. The University is not obligated to notify parties if general inquiries to gather additional information are occurring.
• Resolution Meetings: charged policy violations, the date(s) of the alleged violation(s), and the date, time, place of the resolution meeting.
• Resolution Meeting Outcomes: finding of charges, rationale for finding(s), and the right of appeal.

Standard of Proof

A “preponderance of evidence” standard, which is “more likely than not” that a violation occurred, will be utilized for resolution proceedings and determining responsibility of Respondents.

Resolution Options

Policy Violation Notice and Warning

In some circumstances, a student will receive a notice from a Conduct Administrator notifying them that a violation of a University policy (i.e.: tampering with life safety equipment, misuse of windows and roofs, cleanliness in residential spaces, failure to comply with health directives etc.) occurred and a warning will be issued with a reminder of the policy. 

The Conduct Administrator has the right to request a meeting with the student to discuss the letter and review options to mitigate the violation from occurring again.

If a student believes that the warning notice is incorrect then they may appeal the warning and a resolution meeting may occur to determine responsibility for the alleged violations.

Agreement-based Resolution

The agreement-based resolution process is designed to eliminate a hostile environment without taking formal action against a Respondent and to reach a mutually-agreeable resolution to the complaint. Both parties have the option to pursue an agreement-based resolution process and it may be initiated any time prior to reaching a determination regarding responsibility. Both parties must agree to participate in the resolution process.

If efforts are unsuccessful, the formal resolution process may be initiated. Either party has the right to end the agreement-based resolution process and begin the formal process at any time prior to an agreed-upon resolution. The University reserves the right to determine a situation is not eligible for an agreement-based resolution process and eliminate this grievance process option.

As part of the agreement-based resolution process, the University official facilitating the resolution process may:

• Resolve the complaint through the implementation of remedies when there is sufficient information about the nature and scope of the conduct to support such a response.
• Act promptly to meet with the parties involved to inform them of the corrective actions.
• Institute other potential remedies including targeted or broad-based educational programming or training.
• Conduct facilitated conversations with the parties.

Administrative Resolution

In some cases, when charged, Respondents may accept responsibility for violating University policy in a written notice to the Conduct Administrator. This option will be provided in the charge notice to the Respondent, if applicable. The Conduct Administrator will determine appropriate outcomes without requiring a meeting with the Respondent.

If a Respondent’s conduct records have similar violations then an outcome may be issued based on the totality of the Respondent’s conduct history.

Conduct Resolution Meetings

If a Respondent does not accept responsibility for the charges against them and/or a case is referred for formal resolution, a Conduct Administrator will be appointed to review the case and determine the Respondent’s responsibility for the charges. The Conduct Administrator will not be the investigator, when applicable.

The Respondent and the Complainant have the right to review any material being reviewed during the resolution meeting.

The Respondent and the Complainant may refuse to answer questions or abstain from attending their resolution meeting. If a party chooses not to answer questions and/or attend the meeting, then the Conduct Administrator will proceed without the input of the party and determine an outcome based on the information available to them.

During the resolution meeting, the Conduct Administrator will consider information that is relevant for determining the outcome of the case. A resolution meeting may be suspended and continued at a later date if there is a reasonable likelihood that pertinent information exists, but is not available at the time of the resolution meeting. The case may also be referred to the Dean of Students, or designee, in the course of resolution meeting, it is determined that the case needs to be reviewed for further investigation.

Persons disruptive at any stage of a meeting may be removed at the discretion of the Conduct Administrator.

A Conduct Administrator may review a case that has multiple Respondents involved in the same alleged violation together or individually at their discretion. Meetings may be held over more than one sitting.

Following the resolution meeting, the Conduct Administrator will prepare a written outcome explaining the findings and rationale.

The Respondent is notified in writing, via email, of the outcome.

Outcomes and Sanctions

The range of potential outcomes include:

• Conduct hold: A hold on a student’s record that prevents the student from returning to the University for the following semester or, if the student is a graduating senior, receiving their diploma, until certain conditions are met. It is most often used when students fail to comply with outcomes.
• Community restitution/service to the community: Repayment to the community through service projects or shadowing a department on campus that was impacted by student behavior.
• Educational/health interventions: Requirement for a student to complete a consultation appointment with a medical professional or licensed counselor to assess risks to personal health due to substance use and/or abuse.
• Expulsion: Permanent separation from the University. Students that are expelled will not receive a University reimbursement for their semester bill. Parents/Guardians of students who have been expelled may be notified.
• Learning-based intervention: Outcomes that encourage self-reflection and enable the individual and/or organization to evaluate decision making and impact on their community.
• Loss of housing privileges: This includes opportunity to select and/or live in specific housing on-campus or the ability to reside in residential spaces.
• Loss of privileges: For organizations, it is typically a denial of the right to host social gatherings and engage in other activities for a specified period of time. For individuals, it might include residence hall relocation, restrictions on being in designated areas of campus, and loss of other privileges.
• Parental/Guardian notification: The University reserves the right to notify parents or legal guardians of dependent students under the age of 21 for any violations of University policy that endanger the health and well-being of a student or other individuals in the community, in cases where other conduct modification approaches have not been successful, or when the conduct is sufficiently severe.
• Probation: A specified period of time during which a student or organization’s conduct is expected to be exemplary. Any additional violations of University policy by a student or organization on probation will result in more severe outcomes, including possible suspension or expulsion. Individual students and organizations are subject to the loss of privileges while on probation.
• Restitution: Repayment for financial loss to an individual or the University.
• Warnings: An official letter of warning that is placed in the file of a student or organization that has been found responsible for a violation.
• Suspension: Removal from the University for a stated period of time and/or until a stated condition(s) is met. Students under suspension are not permitted on campus without written permission from the Dean of Students, or designee, or to participate in any University activity. Students that are suspended will not receive a University reimbursement for their semester bill. Readmission to the University following the end of the period of suspension is contingent upon demonstrating to the Dean of Students that measures have been taken to correct the problems that resulted in the suspension. The Dean may impose restrictions on individuals or organizations as conditions of their reinstatement. Parents/Guardians of students who have been suspended may be notified.