Student Conduct Process

Complaint

Any member of the University community may initiate a complaint against a student who is believed to have violated a community standard or University policy, as soon as possible after the incident takes place, by filing a report with the Department of Public Safety or Office of Residence Life. Please refer to the Student Policy Prohibiting  Sexual Assault, Domestic Violence, Dating Violence, and Stalking, or the Title IX Grievance Policy for complaints regarding violations of those policies. You may contact the Dean of Students Office for assistance with filing a complaint. If there are grounds for disciplinary action, the student will be issued a charge letter requiring the student to schedule an informational meeting with a designee from the Office of Community Standards. Failure to schedule an appointment within the designated time period and/or keep a scheduled appointment will be deemed failure to comply and will carry a $100 fine, and the student will waive the opportunity for a hearing. In such cases, a decision will be made based upon the information received.

Students are responsible for following all directives outlined in the student conduct process. Failing or refusing to sign Community Standards documents does not absolve the student of the responsibility for following all directives outlined. For documented emergencies and other unforeseen circumstances, a student may request one (1) postponement of a scheduled appointment time, provided that the Office of Community Standards is notified at least one (1) business day in advance of the scheduled meeting.

In the event that a complaint is filed and it is determined there has not been a violation of a community standard or University policy, the parties involved may be referred to the Office of Residence Life or other appropriate office for mediation or further support services.

Note: The University may pursue disciplinary action against a student for violation of this code at the same time the student is facing criminal charges for the same offense, even if the criminal prosecution is pending or has been dismissed, or the charges have been reduced.

Student Organizations

Student clubs and organizations may be charged with violating the Code of Conduct. A student club or organization and its officers may be held collectively and/or individually responsible when violations occur. Sanctions for group or organization misconduct may include suspension or withdrawal as described in the Student Clubs and Organization Policies above, in addition to all appropriate sanctions provided herein.

Informational Meeting

During the informational meeting, the student will meet with a staff member to discuss the alleged policy violation charge. The student will be encouraged to discuss and review information contained in the student’s conduct file and the allegation(s) being brought against the student. The student will answer and may ask questions regarding the allegation(s) as well as the student conduct process. The student may elect to bring an advisor of their choice, who may advise the student with respect to the informational meeting but may not speak on behalf of the student. The student must notify the Office of Community Standards in writing if they wish to bring an advisor to the informational meeting and submit a completed ADVISOR HEARING FORM to the Office of Community Standards at least one (1) business day prior to the informational meeting. Advisor substitutions may be made after this point, but only if a previously submitted ADVISOR HEARING FORM is on file.

Resolution Options

During the informational meeting, the student charged will have the right to choose from the following options:

1. Accept responsibility for their actions and verify that the allegation(s) issued are correct. If this option is chosen, the student conduct administrator assigned will determine the appropriate sanction(s), and the student will automatically waive their rights associated with a hearing (see Rights of a Student Charged listed below).

2. Deny responsibility for the allegation(s) and request that an Administrative Hearing Board be convened to review the case.

3. Deny responsibility for the allegation(s) and request that a Student Hearing Board be convened to review the case. (This option may be selected only during the academic year when the Student Hearing Board is in session.)

Where a student fails or refuses to participate in the informational meeting, the complaint will be referred to the Senior Associate Director of Community Standards or designee to make a determination of whether, based on a preponderance of evidence (i.e., it is more likely than not), the student charged is responsible. If the student charged is found responsible, the Senior Associate Director [LM1] or designee will determine the appropriate sanction.

Note: The Office of Community Standards reserves the right to assign cases directly to the Administrative Hearing Board.

Informal Resolution

At any time during the conduct process before a finding of responsibility is determined, an informal resolution may be pursued where the University in its sole discretion deems it to be appropriate. Informal resolution, which is optional, is designed to obtain an expedient solution acceptable to the University and the student charged without the necessity for conducting further formal disciplinary proceedings. The purpose is to attempt through discussion and inquiry to resolve or work out the issue in a non-adversarial manner. Informal resolutions may include educational activities, community service, restitution, mediation, no-contact orders, and other items appropriate to the situation. Where the University proposes an informal resolution and the student charged agrees, the Senior Associate Director of Community Standards or designee will provide the student charged with a written statement reflecting the terms of the resolution and stating that the agreed-upon resolution will be undertaken, and the student charged must sign the statement. Once the student signs the written statement of informal resolution, the matter will be deemed closed, and the student charged will not be permitted to appeal, contest, reopen, or otherwise attempt to set aside the terms of the alternative resolution, unless agreed to by the University. If the University and the student charged are unable to agree upon terms of an informal resolution, the matter will be handled in accordance with the conduct process.

Rights of a Student Charged

If an Administrative or Student Hearing Board is convened, a student charged with a violation has the following rights:

•   The student shall be informed by the Office of Community Standards, in writing, of the date, time, and place of the hearing. The student shall be allowed a reasonable amount of time (approximately five (5) calendar days) to prepare a statement and secure supporting information. The student may choose to waive the five (5) days of preparation to expedite the hearing process.

•    The student charged with a policy violation shall have the right to speak on their own behalf, to present witnesses, to challenge the evidence, and to question both the accuser and the witnesses if either/both appear. If not, the student charged may challenge any written statements that were submitted. A student may, upon request, receive a written list of all witnesses mandated to attend the hearing. The student charged may call upon witnesses to speak on the student’s behalf. A written list of these witnesses or any signed witness statements must be submitted to the Office of Community Standards for final approval at least two (2) business days prior to the hearing. It is the student’s responsibility to notify witnesses of the time, date, and place to appear.

•    The student charged may review evidence, documents, and reports pertaining to the incident prior to the hearing by making an appointment, during regular business hours, with an authorized, designated University official from the Dean of Students Office. The University reserves the right to have a University representative present during any review of case file material. Should the student charged have any additional evidence in the form of pictures, documents, or other written materials that the student would like to present as evidence, the student must submit these materials to the Office of Community Standards for approval at least two (2) business days prior to the hearing. Approval of any additional materials provided by the student charged is at the sole discretion of the University.

•    The student charged may elect not to appear at the hearing. Absence shall be noted without prejudice, the hearing will be conducted in the student’s absence, and a decision will be rendered. 

•    The student charged has the right to request the removal of a member of the board for a conflict of interest. The student must be prepared to substantiate this contention. Removal of a member of the board may be granted or denied based on the University’s determination as to whether or not there is just cause.

•    The student shall have the right to seek an advisor of the student’s choice, who may help the student prepare for the hearing, but may not speak on behalf of the student. Written notification of an advisor and an executed ADVISOR HEARING FORM must be submitted to the Office of Community Standards at least one (1) business day prior to the hearing. Advisor substitutions may be made after this point, but only if a previously submitted ADVISOR HEARING FORM is on file.

•    The student shall be entitled to one (1) adjournment with just cause, as long as the request is made at least two (2) business days prior to the hearing. The Office of Community Standards will determine if an adjournment is warranted. Adjournments cannot be made to accommodate the schedule of an advisor or other student witnesses. Any additional adjournments may be granted or denied at the University’s discretion.

•    Where more than one student has been charged in the same alleged incident, the University maintains the right to conduct a group Administrative Hearing Board hearing or group Student Hearing Board hearing, when it deems it to be appropriate. Each individual who has been charged has the right to request an individual hearing by making a request in writing to the Office of Community Standards showing just cause. The Office of Community Standards will determine if an individual hearing is warranted. In the event of a group hearing, each individual charged will have the opportunity to separately present an opening and closing statement to the board, and to be questioned separately by the board. All individuals charged will be present for the questioning of witnesses. The responsibility of each individual charged in the incident will be determined separately.

Rights of the Complainant

The complainant in all cases adjudicated under this student conduct process is Hofstra University, and any accusing student shall not have the right to question the defending student or to be present at the hearing when not directly testifying. Accusing students generally do not have access to the outcome of the proceedings, except that, in accordance with FERPA, when a student is alleged to have committed a crime of violence or nonforcible sexual offense, the final results of a disciplinary proceeding regarding that crime or offense will be disclosed to the alleged victim upon written request.

Note: The rights of the complainant in proceedings under the Student Policy Prohibiting , Sexual Assault, Domestic Violence, Dating Violence, and Stalking, Title IX Grievance Policy, and the Prohibited Bias and Discriminatory Harassment Policy are governed by those policies.

Hearing Process for Administrative and Student Hearings

A)  The usual format of a hearing is as follows:

1.   Cases are introduced, allegation(s) read, and the appropriate oaths issued by the chairperson or designated representative of the Administrative or Student Hearing Board.

2.   Opening statement by the student charged.

3.   Questions for the student charged from members of the board.

4.   Statement(s)/report(s) from witness(es) on behalf of the University.

5.   Questions for University witness(es) from members of the board.

6.   Questions for University witness(es) from student charged.

7.   Statement(s) from witnesses on behalf of the charged student. (No character witnesses are allowed. The acceptance and validity of witnesses and written statements are to be determined by the hearing officer. The University reserves the right to call appropriate University members to serve as witnesses and/or to offer relevant testimony to the case.)

8.   Questions for student’s witness(es) from members of the board.

9.   Questions for student’s witness(es) from student charged.

10.   Final questions for the student charged from members of the board.

11.   Closing statement from the student charged.

Note: During the hearing, statement reports are provided verbally. If a witness or charged student is absent, written statements preapproved by the Office of Community Standards will be entered into the record by the hearing officer.

B)   Responsibility is established based on a preponderance of evidence (i.e., it is more likely than not that the student charged was responsible). Only evidence presented at the hearing shall be considered.

C)  Hearing boards are empowered to determine responsibility for an incident. The assistant vice president and dean of students or designee will review outcomes of the hearing board and apply the appropriate sanction(s).

D)  Final sanctions determined by the assistant vice president and dean of students or designee will take into consideration the student’s prior disciplinary involvement/sanctions as well as the severity of the current violation.

E)  The Office of Community Standards shall communicate to the student, in writing via the student’s Hofstra Pride email, the decision and appropriate sanction(s). It is the student’s responsibility to electronically retrieve the written notification of the details pertaining to the hearing from the Office of Community Standards.

F)  Once a student receives the decision letter, the student may choose to appeal the decision pursuant to the section of this code titled Appeal Procedures for Student Conduct Proceedings.