Student Code of Conduct

Student Rights

All students have the right to be treated with dignity and respect and have the right to be heard within the University’s conduct process. Beyond this, students have the following procedural rights when involved in the conduct process:

  1. Notice: Students have the right to receive notice of their alleged violations of the Code of Conduct, Housing and Residence Life Policies, or other institutional policies. This notice includes an explanation of the policies that are alleged to have been violated.

  2. Hearing: Students have the right to participate in a hearing in which they can present their perspective of the documented concern and confirm or refute information related to their reported violations.

  3. Review: Students have the right to review any documentation related to their reported policy violations.

  4. Appeal: Students have the right to be informed of the appeal process and to appeal the outcome of a hearing.

Responsibility and Authority of the Process

Responsibility and authority for the student conduct process at Elmhurst University is vested in the President of the University, who delegates responsibility and authority to the Vice President for Student Affairs and their staff. The Vice President for Student Affairs may delegate to their staff certain responsibility and authority for the resolution of student conduct concerns that occur both on and off campus. Designated staff within the Division of Student Affairs serve as conduct administrators who hold hearings with students reported to have violated University policies.

Beyond individual students, student organizations will be held accountable for violations of the Elmhurst University Community Standards, on campus or off campus, under the following conditions:

  1. When the activity is sponsored and organized by the student organization;

  2. When an open invitation is extended to a significant number of the student organization’s membership;

  3. When individuals at an activity verbally identify themselves with the student organization; and/or

  4. When the event or activity is perceived to be an organized event.

Student organizations shall be afforded the same procedural rights afforded to individual students during any conduct process.

Alleged violations of the University’s Non-Discrimination and Non-Harassment Policy shall be governed by the appropriate resolution procedures set forth therein. All other reported policy violations shall be resolved through the procedure set forth below.

The Elmhurst University Student Conduct Process is generally managed through Maxient, the University’s conduct software. Letters and notifications pertaining to student conduct will typically be delivered to a student’s Elmhurst University email address via Maxient.

Incident Reports

The University receives submissions of reported student misconduct through a variety of ways. Any faculty member, staff member, or student may file a report regarding alleged violations of University policy, known as an incident report. An incident report can be filed with the Office of Housing and Residence Life staff, Public Safety, the Office of Student Affairs, the Office of Academic Affairs, or other offices on campus. Occasionally, the University receives incident reports from the Elmhurst Police Department, local community members, businesses where students host events off campus, or other entities outside of the University.

The University reserves the right to initiate a complaint, to serve as a complainant, and to initiate conduct proceedings without a formal complaint by a victim of misconduct.

Incident reports regarding reported student misconduct are kept in the Division of Student Affairs and are managed by the Assistant Dean of Students, who acts as the Director of Community Standards, and their designees, known as conduct administrators.

Investigation

Upon receipt of an incident report, a case file is generated and assigned to a conduct administrator for investigation and resolution. In the case of incident reports that relate to student organizations, more than one conduct administrator may be assigned to investigate and resolve the case. The conduct administrator reviews the incident report to determine if there is enough information to suggest a policy violation occurred, and if so, reported policy violations are assigned. Should additional information be necessary to have a more complete incident report prior to an administrative hearing, the conduct administrator may conduct a preliminary investigation to obtain more information regarding the report, or they may refer the incident report to Public Safety to conduct further investigation. If the conduct administrator finds that the incident report does not contain information that reasonably suggests a policy violation occurred, the case may be closed without further action.

In some cases, the conduct administrator may determine that an alternative response would be best to resolve the documented incident. Examples of alternative responses include an educational letter, an acceptance of responsibility letter, mediation, a no contact order, or changes to living, work, or academic arrangements.

Interim Administrative Action

When it is reasonably believed that a student or student organization may pose a danger or threat to the safety and wellbeing of another student or the University community, the Vice President for Student Affairs may take interim administrative action. If interim administrative action is necessary, the student will be notified in writing (at their Elmhurst University email address and/or in the form of a physical letter) of the interim administrative action and its duration. Parents, administrators, academic advisors, Public Safety, and other University staff may be notified of the action, as needed. Interim administrative actions can include the following:

  • Administrative Move: The student may be required to relocate to another housing assignment pending the outcome of an investigation and/or administrative hearing

  • Temporary No Contact Order: The student may be required to not have any contact with a particular student, employee, or group of people pending the outcome of an investigation and/or administrative hearing.

  • Interim Suspension from Housing: The student may be required to not access their housing assignment pending the outcome of an investigation and/or administrative hearing.

  • Interim Suspension from Campus Activities: The student may be required to suspend participation in student organizations, athletics, University committees, or University-sponsored events pending the outcome of an investigation and/or administrative hearing. A student organization may be required to suspend activity pending the outcome of an investigation and/or administrative hearing.

  • Interim Suspension: The student may be required to suspended participation in all University activities and coursework and may not have access to campus pending the outcome of an investigation and/or administrative hearing.

Acceptance of Responsibility (AOR) Letters

A conduct administrator may send a student (known as a respondent) an Acceptance of Responsibility (AOR) letter instead of a notice of a report as outlined in the next section. An acceptance of responsibility letter contains the same information as a notice letter, except it provides the respondent the option to not attend a hearing and instead accept responsibility for an alleged violation outright. Acceptance of responsibility letters are only used for relatively minor incidents at the discretion of the conduct administrator assigned to the case. Respondents may always decline to accept responsibility and request an administrative hearing instead. Failure by a respondent to respond to an AOR letter within five (5) business days will result in the decision being finalized, and any proposed determinations and sanctions will be applied. Decisions made by either acceptance of responsibility or failure to respond to an AOR letter may not be appealed, except on the grounds that the respondent did not have a reasonable opportunity to receive and respond to the letter.

Notice to the Respondent

If an AOR letter is not delivered, then a conduct administrator determines that an incident report suggests a policy violation may have occurred, reported policy violations are assigned to the case, and the respondent is notified of the incident report. The respondent will receive notice of the incident report in writing at their Elmhurst University email address. In the case of student organizations, the president or other appropriate elected representative will receive notice on behalf of the student organization at their Elmhurst University email address. The notice letter will contain the following information:

  • The date, time, and location where the incident reportedly occurred

  • A brief description of the reported misconduct

  • A list of University policies reported to have been violated

  • A request for an administrative hearing with a specific conduct administrator

  • Information about when the hearing should be scheduled or take place, and how to schedule the hearing

  • A reminder to review the Community Standards and Student Conduct Process in the Student Handbook

Hearing Procedure

Scheduling

Upon receipt of a notice letter, the respondent is expected to schedule an administrative hearing with the assigned conduct administrator within five (5) business days after receiving the notice letter. The hearing does not need to take place within these five days, but the hearing should take place within 10 business days of the respondent receiving the notice letter.

It is the respondent’s responsibility to schedule an administrative hearing with the conduct administrator. Should the respondent fail to schedule an administrative hearing within five (5) business days after receiving the notice letter or fail to attend their scheduled administrative hearing without prior notice to the conduct administrator, the conduct administrator will send a second and final notice letter to the respondent. The respondent will have five (5) additional business days from the receipt of that letter to schedule and appear at an administrative hearing. Should the respondent still fail to do so, the conduct administrator may make a decision regarding the respondent’s responsibility for the reported policy violations and assign appropriate sanctions. Failure to schedule or attend an administrative hearing after two notices also results in forfeiting the opportunity to appeal the outcome of the administrative hearing.

Authority

An administrative hearing is a one-on-one meeting between the respondent and a conduct administrator. In some cases, an administrative hearing may be facilitated by more than one conduct administrator, particularly if the administrative hearing is being held for reported student organization misconduct. Conduct administrators are professional members of the University staff, usually from the Division of Student Affairs. Conduct administrators are trained to handle matters involving student conduct according to the policies and procedures set forth in the Student Handbook. At the conduct administrator’s discretion, more than one respondent may attend an administrative hearing for the same incident should all respondents agree to participate in the same administrative hearing.

In some cases, at the discretion of the Vice President for Student Affairs or the Assistant Dean of Students, audio or video recordings of administrative hearings may be completed. Any recording of a hearing becomes property of the University and may be retained as part of the student’s conduct record. Recordings may be reviewed in deciding an appeal or may be used internally for documentation or training purposes. Respondents are not permitted to record administrative hearings.

Format

Once a respondent schedules an administrative hearing and appears at the hearing at the scheduled date, time, and location, the administrative hearing generally proceeds in the following format:

  • Introduction of all parties present

  • Review of student rights in the conduct process

  • Review of the notice letter, including the nature of the reported policy violations and definitions of the appropriate polices

  • Personal account of the incident on behalf of the respondent

  • Review of the incident report(s) received by the conduct administrator

  • Opportunity for the respondent to discuss the personal account and the incident report(s)

  • Opportunity for the respondent to accept responsibility for all reported policy violations, to accept some reported policy violations and refute others, or to refute all reported policy violations

  • Invitation to discuss harm or impact caused by the incident and offer recommendations for ways to repair harm and resolve the case (usually through sanctions)

  • Opportunity for the respondent to share any final remarks

  • Notice of the appeal process

  • Deliberation by the conduct administrator

Administrative hearings are not identical to the rights afforded to the respondent student in a civil or criminal proceeding. However, the hearing is designed to ensure fundamental fairness and to protect the student from arbitrary or capricious disciplinary action. Due process, insofar as the procedures of the University permit, will be afforded to the respondent.

Deliberation, Decision and Outcome

In some administrative hearings, the conduct administrator is able to determine findings of responsibility with the respondent in the hearing. In others, the conduct administrator may take up to three (3) business days to consider all information shared in the administrative hearing and review all available information before notifying the respondent of the outcome of the hearing. In reports that involve student organizations or a large number of respondents, the conduct administrator may wait to conclude all administrative hearings before delivering hearing outcomes to respondents; this may extend the timeline for outcomes beyond three (3) business days.

For each alleged policy violation, the conduct administrator makes a determination of “responsible” or “not responsible.” To do this, the conduct administrator uses the preponderance of the evidence standard, which means they must determine that it is more likely that a reported policy violation occurred than it did not occur. If it is more likely than not that a violation of the specified policy occurred, then the finding is “responsible;” if it is more likely that a violation of the specified policy did not occur, then the finding is “not responsible.”

If there is no finding of responsibility related to any of the reported policy violations, no sanction will be assigned and the case is considered closed. If there is a finding of responsibility related to any reported policy violation, the conduct administrator may assign an appropriate sanction. A conduct administrator may review a respondent’s prior conduct history to determine the most appropriate sanction based on the most recent policy violation(s) determined in the hearing.

Within three (3) business days after the conclusion of the hearing, the conduct administrator will notify the respondent of the outcome of the hearing in writing at their Elmhurst University email address. The outcome letter will contain all findings related to the reported policy violations, any sanctions assigned because of a finding of responsibility, and a summary of the appeal process.

Student Conduct Sanctions

If a student is found responsible for violating a University policy, a conduct administrator may assign one or more of the following sanctions to the student:

  • Written Warning: An official notice to a student that their behavior was inappropriate and violated the Code of Conduct, Housing and Residence Life Policies, Non- Discrimination and Non-Harassment Policy, or another relevant University policy.

  • Educational Assignments or Training:  These are designed to encourage students to reflect upon their behavior; learn about specific topics that relate to their previous behavior; identify harm made to self, another person, and/or the community; and/or explore how they could change their behavior in the future. Educational Assignments or Training may include completion of reflection assignments, educational papers, bulletin boards, workshops, online training courses, campus involvement challenges, counseling services or workshops, or other event attendance.

  • Meeting with a University Administrator:  Students may be asked to meet with a University administrator either one time or on a regular basis to establish constructive connections to the University and to identify academic, co-curricular, and personal goals to be a positive member of the campus community.

  • AOD Care Meeting: In instances where a student has engaged in significant repeated alcohol or other drug use, or where a student is found responsible for severe alcohol intoxication or impairment from other drug use resulting in concern for a student’s wellbeing that requires medical transport, students may be asked to attend an Alcohol and Other Drug (AOD) Care Meeting with a designated Staff Clinician in Counseling Services. The purpose of this meeting is for the student to reflect upon their prior alcohol or other drug use and identify strategies to modify future use.

  • Loss of Privileges: Students who have been found responsible for a violation of University policy may temporarily or permanently lose certain privileges that are otherwise afforded to them. Examples include restrictions on guests in on-campus housing and on access to certain campus facilities, programs, or services (such as the shuttle, specific residence halls, fitness center, etc. or losing parking privileges, the ability to participate in or hold leadership positions in certain student organizations or activities, loss of student employment, etc.). In some cases, a student may be reassigned to a different housing assignment as part of this sanction or may not be permitted to represent the University in student leadership opportunities, athletic events, or other co-curricular involvement.

  • Fines: Fines are monetary costs intended to deter students from violating University policies and are charged to a student’s account with the University.

  • Restitution: Restitution is monetary compensation required of students who have damaged, destroyed, misused, or stolen University, public, or private property. The amount charged to a student’s University account is commensurate to the cost to repair, replace, clean, or otherwise account for the property affected.

  • Housing Probation: Housing probation is a formal notice that a student’s behavior or repeat behavior has been detrimental to themselves or the residential community. During the housing probation period, which is minimally one semester but can last up to two years, a student is expected to demonstrate behavior that aligns with the institution’s mission and values and upholds community standards of the University. Continued misconduct during the probation period may result in removal from housing.

  • Removal from Housing: Requires a student to vacate their assigned residence hall room, apartment, or house by a specified date and time and return all University- issued keys and access cards. Removal from housing can be for a specified length of time or may be a permanent removal and can include revocation of access to all University residential facilities.

  • Student Organization Sanctions: Any sanction may be modified and applied to recognized student organizations and certain sanctions may only apply to student organizations. For example, an organization’s national representatives, officers, and/or advisors may be notified of the incident. Serious repeated misconduct by a student organization may result in the organization being suspended or terminated. Either of these sanctions prohibit the organization from recruiting new members, organizing current members, or acting in any organized manner aligned with the organization’s mission.

  • University Probation: Probation is a formal notice that a student’s behavior or repeat behavior has been detrimental to themselves or the University community. During the probation period, which is minimally one semester but can last until graduation, a student is expected to demonstrate behavior that aligns with the institution’s mission and values and upholds community standards of the University. Continued misconduct during the probation period may result in suspension or expulsion from the institution. Students on probation may not study away during their probation period.

  • Suspension: University suspension involves the temporary separation of a student from the University for a specified period of time not to exceed two years, with the understanding that the student may return to the University in good standing at the completion of the suspension period after meeting any other conditions of the suspension. A suspended student may not participate in courses, activities, campus employment, or any other privileges typically afforded to an enrolled student. A suspended student may be expected to meet with the Assistant Dean of Students or their designee to request reinstatement and have holds removed on their student account to re-enroll for courses.

  • Expulsion/Dismissal: Dismissal from the institution, commonly known as expulsion, means permanent termination of student status at the University. Expulsion may include forfeiture of all rights and degrees not actually conferred at the time of dismissal; permanent notation of the dismissal on the student’s disciplinary record; withdrawal from all courses; and forfeiture of tuition and fees. An expelled student may not access any University property without express permission obtained in advance from the Assistant Dean of Students or the Executive Director of Public Safety and Emergency Management.

If a student is found responsible in an off-campus court of law, the institution may initiate its own conduct process or impose additional sanctions to a process that has been completed. However, it is possible for the University to find the student responsible for violation(s) of the Community Standards even if the student is not found “guilty” in a court of law. This is due to the educational conduct process being based on a preponderance of evidence, which is different than the legal requirement of evidence (guilty beyond a reasonable doubt).

If a student is suspended or dismissed, they will be withdrawn from the University effective on the date included in their outcome letter. Suspended or dismissed students receive no academic credit for their currently enrolled term and are fully responsible for all appropriate financial obligations.

The Vice President for Student Affairs or their designee may place a judicial hold on the records of any student who withdraws prior to the resolution of a pending student conduct action or if assigned sanctions are not completed by the specified date. A judicial hold can restrict a student from adjusting their course schedule or receiving their transcript.

Appeal Process

After an administrative hearing and upon receipt of an outcome letter, a student may submit an appeal. An appeal is not a request for a new hearing at a higher level or a rehearing because of dissatisfaction with the results of an earlier hearing. Rather, an appeal must be based upon one of the following grounds:

  • New substantive information is available that could not have been obtained or discovered by a diligent respondent prior to or at the time of the administrative hearing and that would have likely changed the outcome of the hearing.

  • A substantive procedural error or error in the interpretation of University policy occurred that denied the respondent the right to a fair hearing and decision.

  • The finding (regarding responsibility, sanctions, or both) was substantively contrary to or egregious based upon the information presented and available at the hearing (i.e. the decision was clearly unreasonable and unsupported based on the available information, or the sanctions were too severe for the finding)

An appeal must be submitted in writing to the Vice President for Student Affairs within three (3) business days of receiving an outcome letter. Failure to submit an appeal within this period waives the right to an appeal and makes the hearing decision final. The appeal letter must address the grounds for appeal, a personal statement explaining why the student is challenging the results of the hearing, and any relevant documentation that substantiates their request for an appeal. The responsibility lies with the student to provide clear and convincing information demonstrating that the original process or decision was flawed.

The Vice President for Student Affairs will review a properly completed appeal and determine whether there is sufficient information to modify the original hearing decision. The Vice President may or may not request to meet with the respondent or other relevant individuals before making a final decision. The Vice President will choose one of four possible outcomes for an appeal:

  • Affirm the original outcome and uphold the sanctions

  • Affirm the original outcome and modify the sanctions

  • Overturn all or part of the original outcome and uphold, assign, modify, or remove sanctions

  • Call for further investigation and/or a new administrative hearing

The student will be notified in writing at their Elmhurst University email address within three (3) business days of submitting their appeal of the appeal decision. The appeal decision made by the Vice President for Student Affairs is final within the University and is not subject to further review.

Please see the Student Handbook for further information.