The complete procedure regarding the administration of the student conduct process can be found in Section 3 of the Student Conduct Code.
The process begins when the Office of Student Conduct and Community Standards receives information regarding a potential violation of the conduct code. This information is reviewed to determine the following:
- Is the party alleged to have involved a student or student organization at the University of Oregon?
- Is there sufficient information that the reported behavior violates the student conduct code?
If the above criteria is met, the Office of Student Conduct will send written notice (typically via UO email, in accordance with the UO E-mail Communication Policy) which includes the alleged Code violation(s), an opportunity to respond to the allegation, an explanation of a student’s right to an advisor, and additional relevant information. If the student or student organization does not respond within 7 calendar days, the Office of Student Conduct may proceed without student participation, as allowed by the conduct code. This is called hearing a case “in default”.
Students are given a formal opportunity to respond to an allegation of misconduct during an administrative conference. Typically, this is a meeting with an administrator who has been designated by the Director of Student Conduct and Community Standards to discuss the incident with the student and then make determination regarding responsibility based on a review of all relevant information. The administrator may seek additional information based on assertions made in this meeting prior to making a decision. The involved party may also request the administrator contact relevant and necessary witnesses. Prior to and during this meeting, the involved party may request reasonable and lawful access to their case file. As with all interviews, meetings, or other conduct proceedings, the student or student organization may be accompanied by an advisor during the administrative conference.
The standard of evidence in determining whether a student or student organization is in violation is not as high as that of the criminal process. The university uses a level of “preponderance of evidence” as opposed to “beyond a reasonable doubt.” Legal rules of evidence do not apply in campus conduct cases. The administrator is simply determining whether it is more likely than not that a violation occurred. The student or student organization will receive written notice of the decision following the conclusion of the administrative conference. This decision will include a determination of “responsible” or “not responsible” and sanctions, if appropriate.
A decision reached through an administrative conference may be appealed by the accused student, or complainant, within fourteen calendar days of the decision. Appeals must be submitted in writing and include at least of these reasons:
- The administrative conference was not conducted fairly or in line with required procedures.
- Important and relevant information was not considered.
- The sanctions are not appropriate for the violation and individual student circumstance.
- There is new information, sufficient to alter a decision, which was not available at the time of the administrative conference.
Decisions made “in default” can only be appealed to show that the accused student did not receive notice.