3.47 / Discrimination Review Procedures for Students, Employees and Visitors

Purpose

1. To establish review procedures to be followed when a complaint is made by a student, employee, or visitor that alleges either (1) discrimination on the basis of a protected characteristic (excluding discrimination based on sex) (defined herein as "Protected Characteristic," (2) harassment based on a Protected Characteristic or (3) retaliation, if the discrimination, harassment, or retaliation is experienced in the University's employment practices, educational programs, or activities.

Policy

1. Wichita State University expressly prohibits and will not tolerate Discrimination, Harassment, or Retaliation (defined herein as "Prohibited Activity"). See Section 3.19, Prohibition of Retaliation.
2. Discrimination based on sex including, sexual misconduct, sexual harassment, relationship violence, and stalking is also addressed in Section 3.06, Sexual Harassment, Discrimination and Retaliation for Employees, Students and Visitors.
3. The University will respond to complaints of alleged Prohibited Activity by completing a review of the complaint as set forth herein. Appropriate corrective action will be taken to prevent recurrence of any alleged Prohibited Activity, and to remedy the effects of same.
4. Students alleging discrimination based on disability may choose to utilize the procedures outlined in University policy Section 8.10, Students With Disabilities.
5. All individuals participating in a discrimination review process may request reasonable accommodations for a disability through the Office of Student Accommodations and Testing or Human Resources.

6. Jurisdiction

   1. Application

      This policy shall apply to Prohibited Activity that is committed by:

      1. A University student, student group, student organization, or participant in a University program;
      2. An applicant that becomes a University student, or alleged violation(s) committed as part of the application process;
      3. An individual who has transferred, graduated, been academically disqualified, or expelled from the University, for alleged violations committed prior to separation from the University;
      4. An individual who is a University employee at the time of the alleged violation(s);
      5. A visitor to the University at the time of the alleged violation(s).

   2. Location and Manner

      Actions or behaviors subject to review under this policy include those which occur:

      1. On University property;
      2. Off campus, if:
         1. In connection with a University or University-recognized program or activity;
         2. In connection with any academic assignment, internship, co-op, practicum, field experience or trip, clinical experience, student teaching, research, applied learning, experiential learning, or other academic activity;
         3. In connection with any activity sponsored, conducted, authorized by, or affiliated with, any student group or organization;
         4. Involving a crime of violence or felony;
         5. In a manner that may pose an obvious and serious threat of harm to, or that may have the effect of creating a hostile living, learning, or working environment for students, employees and visitors.
   3. This policy may also be applied to behavior conducted on-line, via e-mail, or through other electronic mediums. Wichita State University does not regularly search for this information but may take action if such information is brought to the attention of University officials.

Definitions

For the purpose of this policy only, the following definitions shall apply:

1. Advisor - An individual selected by a Complainant or Respondent to assist the Complainant or Respondent throughout the complaint process including, but not limited to, a parent, friend, faculty, member, advocate, or legal counsel. An advisor may advise and assist the Complainant or Respondent in preparation for any meetings, interviews, or hearings that may occur; accompany the Complainant or Respondent through all meetings, interviews, or hearings; or assist the Complainant or Respondent in preparing an appeal.
2. Complainant - Individual or group claiming alleged discrimination as described in any University policy. There may be more than one complainant for an incident.
3. Confidential Reporter - A "Confidential Reporter" shall be limited to the following positions: (1) licensed health care professionals in the Counseling and Prevention Center; (2) licensed health care professionals in Student Health Services; (3) licensed health care professionals in Employee Assistance Program; (4) licensed health care professionals providing services as an athletic trainer pursuant to their employment or any contract or agreement; or (5) a Faculty Senate Ombudspersons.
4. Discrimination - Bias, unjust, or prejudicial treatment that limits an individual's or group's ability to participate in or benefits from the University's educational programs, activities or employment based on a Protected Characteristic.
5. Employee - An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes temporary and part-time Employees.
6. Harassment - Unwelcome verbal or physical conduct that rises to the level of Hostile Environment toward an individual or group based on a Protected Characteristic or because of opposition to discrimination or participation in a discrimination complaint process. It shall be deemed harassment if the conduct creates a hostile learning, living, or working environment.
7. Hostile Environment - Unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
8. Protected Characteristic - Age (40 or over), ancestry, color, disability, gender, gender expression, gender identity, genetic information, marital status, national origin, political affiliation, pregnancy, race, religion, sex, sexual orientation, or status as a veteran.
9. Prohibited Activity - Discrimination, Harassment, or Retaliation, as defined herein.
10. Reporter - Individual or group who reports the alleged discrimination who is not otherwise defined as a Complainant, Witness, or Respondent.
11. Respondent - Individual or group that has allegedly engaged in discrimination. There may be more than one respondent for an incident. In incidents involving groups or organizations, the president, director, team captain or other member of leadership will participate in the investigation on behalf of the group or organization. Student groups and organizations may not be represented by non-students, alumni, or inactive members in a complaint process; however, such individuals may be selected by a student group or organization to serve in the role of advisor in the complaint process.
12. Retaliation - An adverse action or threat of an adverse action taken against any individual or group, or organizations involved in the complaint, investigation, and/or resolution of an allegation of discrimination including any individual who attempts to intervene or prevent behavior prohibited by this policy. Refer to WSU Policy 3.19 for more information regarding retaliation.
13. Student - Any individual who has been notified of admission to the University; is enrolled in, auditing, or participating in any University course or program; is assigned a space in University housing facilities; or has a continuing relationship with the University.
14. University Business Day - Shall be defined as any weekday (Monday- Friday) that the University is open.
15. Witness - Individual who is requested to participate in an investigation or a hearing because that individual may have information about the alleged misconduct. Witness names may be provided by the Complainant, Respondent, Reporter, or others with knowledge of the matter.

Administrative Procedures

1. Reporting Prohibited Activity

   Students, employees or visitors who believe that they have been subjected to Prohibited Activity are encouraged to report such conduct immediately. For complaints of discrimination contact:

   Courtney D. McHenry, PhD, CAAP, CDE
   Associate Vice President and University Title IX Coordinator
   Office of Civil Rights, Title IX & ADA Compliance
   (316) 978-3186
   courtney.mchenry@wichita.edu

2. Employees may also file complaints of discrimination with:

   EEOC Field Office Gateway Tower
   400 State Avenue, Suite 905
   Kansas City, Kansas 66101
   Phone: 1-800-669-4000TTY: 1-800-669-6820
   Fax: 913-551-6957

   Kansas Human Rights Commission (KHRC)
   900 SW Jackson Street
   Suite 568-S
   Topeka, KS 66612-1258
   Phone: 785-296-3206
   Fax: 785-296-0589

3. A written complaint is not required to report discrimination.
4. Any University employee that receives a complaint or report of conduct that alleges Prohibited Activity must promptly notify the Office of Civil Rights, Title IX & ADA Compliance (CTAC) of the complaint or information received unless they are a Confidential Reporter under this policy. Failure to report by anyone who is not a Confidential Reporter is a violation of this policy.
5. Upon receipt of a complaint of Prohibited Activity, the CTAC shall conduct an initial evaluation of the merits of the complaint, review the context of the allegations in relation to the University's jurisdiction, and determine the appropriate investigatory action required. If a determination is made that the complaint does not fall within the University's jurisdiction or that the complaint does not allege Prohibited Activity and further investigation is not required, the CTAC will advise the Complainant of its finding and, if available, other procedures and/or processes. CTAC may proceed with other appropriate actions or recommendations, if warranted.
6. If the allegation is determined to be credible, the University will complete a thorough, and impartial investigation. An investigation can proceed with or without a written complaint.
7. The University will receive complaints up to 365 days from the date of the most recent incident of alleged Prohibited Activity. Exceptions to this time frame will be considered on a case-by-case basis. A decision will be made on existing facts to determine if an investigation is warranted for compliance with legal requirements and University policy.

8. Expectations of the Complainant and Respondent

   1. All Complainants and Respondents shall be entitled to have the same expectations for equal participation and access to information and resources in all investigations and resolution processes.
   2. Complainants and Respondents will be advised of expectations, in writing, during their first meeting with the CTAC.
   3. Complainants and Respondents may:
      1. Be notified of the alleged violations of University policy;
      2. Be provided advanced notice of all meetings in which they are requested or entitled to participate and notified of the purpose of those meetings;
      3. Be accompanied by an Advisor of their choice throughout the investigation and resolution process;
      4. Request reasonable accommodations from the Office of Student Accommodations and Testing (for students) or Human Resources (for employees) in order to ensure full and equitable participation in the investigation and resolution process;
      5. Be informed of the available resolution options;
      6. Be informed of campus and community resources available for support and assistance;
      7. Submit information, including the names of witnesses, for consideration in the investigation;
      8. Choose not to provide a statement or respond to questions during the investigation and resolution process;
      9. Submit a written impact statement to be considered before a decision on consequences (if applicable) is rendered;
      10. Be informed of all parties contacted to participate in the investigation and their relation to the allegations;
      11. Request that an individual responsible for investigating or resolving an alleged violation be removed from the case on the basis of actual bias; making a request does not ensure removal. The Associate Vice President and University Title IX Coordinator for CTAC will review requests for the removal of the investigator and make a determination. If the request is to remove the Associate Vice President and University Title IX Coordinator, the request will be reviewed, and the outcome determined by the Chief Human Resources Officer; and
      12. Request one appeal within the University's process.

9. University Expectations of the Complainant, Respondent, and Witnesses

   All Complainants, Respondents, and Witnesses who are members of the University community shall be subject to the following expectations relating to investigating and resolving alleged Prohibited Activity:

   1. Participant Conduct - All participants are expected to be honest and forthright in all communication relating to the investigation and resolution of alleged Prohibited Activity. Intentionally providing false or misleading information is prohibited.
   2. Means of Communication - The University uses official University email addresses (@wichita.edu or @shockers.wichita.edu) as its formal means of communication with students and employees unless the individual's @wichita.edu email address is unavailable or inaccessible, in which case alternative means of communication will be utilized including certified mail via the U. S. Postal Service or other expedient methods.
   3. Disruption of Process - Individuals are to refrain from disrupting the orderly process of the investigation and resolution process for alleged violations of University policy. No individual involved in the process other than the investigator or appeal officer may audio or video record any investigation or resolution meetings or other portions of the process without prior authorization from the CTAC. Any individual deemed to be disruptive may be removed from a meeting and/or charged with violating University policy.
   4. Unsubstantiated Complaints - The University encourages all individuals who have experienced or witnessed behavior that they believe violates University policy to report the matter so that it may be addressed by the University. The University presumes that reports of alleged discrimination are made in good faith. An outcome finding that the reported behavior does not constitute a violation of University policy, or that there is insufficient information to conclude that the incident(s) occurred as reported, does not mean that the report was made in bad faith.
   5. Services and Support - Upon receipt of notice of alleged Prohibited Activity, the CTAC will attempt to contact the Complainant to arrange a meeting to discuss available resources and resolution processes. After meeting with the Complainant, if the CTAC determines that an investigation will commence, the Respondent will be informed. If an investigation will not be commenced, the CTAC will contact the Respondent as deemed necessary.

10. Interim Measures

    Interim measures may be put in place or modified at any point after a report is received and can be implemented even if a formal investigation is not able to proceed. When the actions of a person present an ongoing threat to the health, safety, or well-being of others; disrupt the University community; or endanger University, public, or private property; the Associate Vice President and University Title IX Coordinator for CTAC, or designee, may implement interim measures that restrict access for the Respondent pending the outcome of an investigation and resolution process.

    Interim measures may be implemented at any time, even if originally considered but not implemented, and any measures put into effect will remain in place until the institution determines that they are no longer necessary.

11. Informal Resolution

    It may be appropriate to resolve the issues through an informal means in some instances. This may include educational conversations, facilitated dialogue between the parties, mediation or a written agreement or other resolution methods. The determination for utilization of informal resolution measures will be based on the nature of the allegations, request by the Complainant, and willingness of the parties to participate.

12. Decision to Investigate and Requests for Confidentiality and/or No Formal Action.

    If the Complainant is willing to participate in the investigation or the Respondent is a University employee, the University will proceed as follows:

    1. A Complainant may request that the University maintain confidentiality and/or take no formal action regarding a report of alleged Prohibited Activity; however, such a request may greatly impact the institution's ability to investigate the allegation. Additionally, some interim measures, such as an administrative directive for no contact, cannot be implemented if the Complainant's identity cannot be known.
    2. Requests for confidentiality and/or no formal action will be referred to the CTAC for review. The University will make every effort to honor confidentiality and/or no formal action requests; however, there are instances when such a request will not be able to be granted. Circumstances in which a confidentiality and/or no formal action request may be denied include, but are not limited to:
       1. The alleged Prohibited Activity was committed by a University employee;
       2. Existence of past or concurrent complaints against the Respondent;
       3. The institution is aware of past arrests or disciplinary action involving the Respondent;
       4. Significant physical injury resulting from alleged Prohibited Activity;
       5. The reported use of a weapon during the commission of alleged Prohibited Activity; or
       6. The reported use of force during the commission of alleged Prohibited Activity.
    3. In all cases, the decision on whether, how, and to what extent the University will conduct an investigation, and where other measures will be taken in connection with any allegation of Prohibited Activity rests with the Associate Vice President and University Title IX Coordinator for CTAC.

13. Investigation

    When a decision to investigate has been made, the CTAC will conduct a thorough, reliable, prompt, fair and impartial investigation of the alleged Prohibited Activity.

    1. In instances where a conflict of interest or actual bias on the part of the CTAC is alleged, the notification should be made to the Chief Human Resources Officer who will determine whether there is a conflict of interest or actual bias and, if so, will review the decision to investigate the allegation.
    2. Additionally, the CTAC may determine through other means that it is necessary to speak with another individual and seek out that person independently. The CTAC may need to conduct multiple interviews in order to follow up or clarify information provided by others.
    3. The University will inform the Complainant and the Respondent at regular intervals of the status of the investigation. Either the Complainant or Respondent may elect to end an informal resolution process to pursue an alternate process at any time during the resolution of the complaint.

14. Standard of Proof

    The CTAC will make a finding using the preponderance of the evidence standard. This standard requires that the information supporting a finding of responsibility be more convincing than the information in opposition to it. Under this standard, individuals are presumed not to have violated University policy unless a preponderance of the evidence supports a finding that a violation occurred.

15. Time Frames

    The University seeks to resolve all reports within sixty (60) days of the initial report. Extenuating circumstances may arise that require the extension of time frames, including extension beyond 60 days. If the investigation and resolution exceed this time frame the University will notify all parties of the reason(s) for the delay and the expected adjustment in time frames in writing. Either party may inquire about the status of the investigation at any point in the process.

16. Investigation Finding and Outcome Notification

    After being interviewed by the CTAC, the Complainant and Respondent will be given the opportunity to review a summary of their statements and provide any comments or clarifications. Once all evidence is collected, the Complainant and Respondent will be given the opportunity to review a summary of all relevant information that will be used in the determination of responsibility. The Complainant and Respondent may submit questions to the CTAC that they would like asked of any other witness and/or an impact statement to be considered when determining interventions and/or consequences (if applicable) within five (5) University business days after the summary was provided for review. This deadline may be extended at the discretion of the CTAC under exceptional circumstances. A deadline extension request must be submitted in writing and before the expiration of the five (5) day comment period.

    1. Following the receipt of any comments or statements submitted, or after the five (5) University day comment period has lapsed without any submissions, the CTAC will address any identified factual inaccuracies or misunderstandings and ask submitted questions that are germane to the investigation.
    2. The investigator will submit the final investigative report to the Associate Vice President and University Title IX Coordinator for CTAC, or designee. The Associate Vice President and University Title IX Coordinator for CTAC, in consultation with the investigator, will determine the appropriate interventions and/or consequences (if applicable). Once a final investigative report and decision letter is issued under this Policy, the same will be provided in person and/or emailed to the parties' university-issued email account. Once the investigative report and decision letter is provided in person and/and/or sent via email, it will be deemed presumptively delivered. All sanctions become effective upon the written notification of the decision. If a Complainant has chosen not to participate in the University's review of the reported behavior but desires to be notified of the outcome, the University will notify the Complainant.

17. Process Outcomes & Consequences

    Individuals who are found to have violated University policy will receive disciplinary consequences appropriate to the current violation(s), their relationship to the University, and in consideration of any prior disciplinary, performance and/or behavioral issues while employed at the University. Consequences may be combined. For a list of consequences see Appendix I. If no Policy violation is found, CTAC can refer the matter to Human Resources or the appropriate University department/division for resolution or follow up.

18. Appeal Process

    1. Once the investigative report and decision letter is issued under this Policy, the Complainant and Respondent have the right to submit an appeal request to the Chief Human Resources Officer within five (5) University business days. The five (5) day period begins on the first University business day following the date on the decision letter. Any party who files an appeal must do so in writing and submit it to the Associate Vice President and University Title IX Coordinator for CTAC, or designee, who will determine if the appeal is timely. If the appeal is timely, the Associate Vice President and University Title IX Coordinator for CTAC, or designee, will assign the appeal to the Chief Human Resources Officer ("Appeal Officer"). A copy of the appeal will be promptly provided to the non-appealing party.
    2. The appeal process is not a hearing or a review of the entire matter; rather, it is a review of the record and process only. Appeal decisions are to be deferential to the original investigative findings and determination, remanding only when there is a clear reason to do so. Further, modification of the consequence(s) shall only occur if there is a compelling justification to do so.
    3. The Appeal Officer may take one of three possible actions on appeal:
       1. Dismiss the appeal as having not merit, upholding the initial findings and consequence(s); or
       2. Remand to the original investigator for further investigation or fact-finding; or
       3. Modify the outcome and or/consequence(s).
    4. The only criteria for an appeal that shall be considered shall include:
       1. A procedural or substantive error occurred that significantly affected the outcome of the case.
       2. There is new, relevant information that was not available at the time of the investigation that, if available, could have significantly affected the outcome of the case. A summary of this new evidence and its potential impact must be included. This does not include statements from a Complainant or Respondent who chose not to participate in the investigation.
    5. The decision issued by the Appeal Officer is considered the final University decision and will be communicated simultaneously in writing to both the Complainant and Respondent. The Appeal Officer will strive to review and respond to the appeal request within ten (10) University business days of receipt of all documentation.
    6. In circumstances in which there is a conflict of interest or actual bias on behalf of the Appeal Officer, or in cases in which the Chief Human Resources Officer is otherwise unable to perform the Appeal Officer duties, appeal decisions will be made by the Assistant Vice President of Student Belonging.

19. Administrative Closure of a Complaint without Investigation

    1. The University may not proceed with a complaint investigation under a variety of circumstances, including but not limited to:
       1. A Complainant, even after contact and follow up by the investigator, fails to describe in sufficient detail the conduct that is the basis of the complaint;
       2. The conduct alleged in the complaint is not covered by an CTAC policy;
       3. The Complainant is anonymous; or
       4. The Complainant refuses to cooperate with the University's investigation.
    2. If it is determined that the University will not proceed with investigation of a complaint, the CTAC will notify the Complainant (if not anonymous) in writing explaining the reasons why the complaint is not being investigated.

20. Records

    Investigation records are maintained electronically for a minimum of seven (7) years from the date that the matter is closed. A record is considered closed when the following criteria have been met:

    1. It is determined that the student, employee, visitor, student group, or organization was not in violation of a University policy; or
    2. The student, employee, visitor, student group, or organization was in violation of University policy; and
       1. All periods of disciplinary action, probation, deferred suspension, suspension and all associated consequences have been completed;
       2. The employee has been dismissed from University employment; or
       3. The student, student group, or student organization has been expelled from the University.
    3. If a Student remains enrolled after the seven-year retention period has lapsed, the record will be maintained until the student graduates or is no longer enrolled at the University. When a student proceeds directly from one academic program into another academic program (e.g. undergraduate study to graduate study), the records will be maintained until the completion of the final academic program. Records of incidents involving student, student group, or student organization as respondents culminating in deferred suspension, suspension, or expulsion will be permanently maintained by the University.

21. Implementation

    The CTAC is responsible for informing members of the university community regarding this policy. This policy and related policies must be communicated to all new students and employees as an integral part of their orientation experience and periodically thereafter during employment or matriculation.

Related Policies And Laws

1. Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990)
2. Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e et seq (1964)
3. Wichita State University Policy 3.02 / Notice of Nondiscrimination
4. Wichita State University Policy 3.19 / Prohibition of Retaliation

Process Outcomes & Consequences

Individuals or groups found to have violated university policy will receive disciplinary consequences appropriate to the current violation(s) and in consideration of any prior disciplinary, performance and/or behavioral issues while associated with the university. Consequences may be issued individually, or a combination of consequences may be issued. In the case of student groups and organizations, if a consequence issued by a national or other governing body exceeds that of the university, the university may concur with that consequence. Consequences may include, but are not limited to, the actions listed below.

1. Consequences for Individual Students

   1. Written Warning

      Official notification of unacceptable behavior and violation(s) of University policy. Any further misconduct may result in more serious disciplinary consequences.

   2. Disciplinary Probation

      The student is deemed not in good conduct standing with the University. The duration of any probationary period will be determined by the resolution body on a case-by-case basis. Any further violations of University policy while on probation may result in more serious consequences being imposed. Some of the restrictions that may be placed on the student during the probationary period include, but are not limited to: participation in student activities, representation of the University on athletic teams or in other leadership positions, eligibility to receive any University award or honorary recognition, entrance into University residence halls or other areas of campus, participation in a study abroad program, or University computer and network usage.

   3. Suspension

      The student is required to leave the University for a designated time period. During the suspension period, a student may not attend classes (either in person or online), or participate in University-related activities, whether they occur on or off campus. The student may not be present on University premises unless authorized in writing in advance under conditions approved by the Director of Student Conduct and Community Standards. A student may be withdrawn from any classes in which the student is currently enrolled and will not be eligible for a refund. A registration and records hold will be placed on the student's account until the conclusion of the suspension period. If the student is an on-campus resident, the student's contract with Housing & Residence Life will also be terminated and the student will be responsible for paying any remaining fees for the duration of the original contract period. The student must successfully complete all assigned educational consequences prior to the conclusion of the suspension period, or the suspension will remain in effect until they are completed. The student must meet with a member of the Student Conduct & Community Standards staff during the last month of the suspension period in order to initiate the removal of the registration and records hold.

   4. Expulsion

      The student will be separated from the University without the possibility of graduation or future enrollment. The student may not be present on University premises unless authorized in writing in advance under conditions approved by the Director of Student Conduct and Community Standards. A student may be withdrawn from any classes in which they are currently enrolled and will not be eligible for a refund. A permanent registration hold will be placed on the student's account. If the student is an on-campus resident, the student's contract with Housing & Residence Life will also be terminated and the student will be responsible for paying any remaining fees for the duration of the original contract period.

   5. Withholding of Transcripts or Degree

      The University may withhold copies of student transcripts or awarding a degree otherwise earned until the completion of the process set forth University policy, including the completion of all consequences imposed, if any.

   6. Revocation of Admission and/or Degree

      Admission to the University or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University policy in obtaining the degree from or gaining admission to the University or for other serious violations committed by a student prior to graduation.

   7. Restitution

      The student is required to pay for the loss of, damages to, or injury to University, personal, public, or private property, provided that such payment shall be limited to the actual cost of repair or replacement of such property.

   8. Loss of University Privileges

      The student is restricted from accessing specific University privileges including, but not limited to: parking on campus, participation in student activities, holding a student leadership position, participation in a study abroad program, and University computer and network access.

   9. Residence Hall Transfer or Removal

      The student will be placed in another room or residence hall or restricted from living on campus for a specified or indefinite period of time. If a student is restricted from living on campus, the student's Housing and Residence Life contract will be terminated and the student will be responsible for paying any remaining fees for the duration of the original contract period.

   10. No Contact Order

       The student is prohibited from intentional direct or indirect contact with another person or group or their property via any means, including, but not limited to: personal contact, electronic communication (e.g. text messages, social media, etc.), telephone, or through third parties.

   11. No Trespass Order

       The student is prohibited from being on any campus property and/or entering specific University facilities.

   12. Knowledge Attainment Activities

       Activities designed to increase a student's knowledge in areas related to the violation(s) committed including, but not limited to: attending workshops, research on a specific topic, interviewing a professional in a specific field, etc.

   13. Restorative Activities

       Activities designed to repair harms caused and give back to others or the larger community including, but not limited to: community restitution service, letters of apology, educational presentations, etc.

   14. Wellness Activities

       Activities designed to address student's wellness in areas including social, emotional, financial, physical, academic, and environmental wellness including, but not limited to: substance use assessments, counseling assessments, meeting with an academic advisor, meeting with a Student Involvement staff member, etc.

   15. Reflective Activities

       Activities designed to allow the student to reflect on one's own behavior choices and the impact of those choices on the student and others, including potential future impacts if the same choices continue.

2. Consequences for Student Groups and Organizations

   1. Written Warning

      Official notification of unacceptable behavior and violation(s) of University policy. Any further misconduct may result in more serious disciplinary consequences.

   2. Disciplinary Probation

      The student group or organization is deemed not in good conduct standing with the University. The duration of any probationary period will be determined by the resolution body on a case-by-case basis. Any further violations of University policy while on probation may result in more serious consequences being imposed. Some of the restrictions that may be placed on the student group or organization during the probationary period include, but are not limited to: ability to host a party or philanthropy event, eligibility to receive any University award or honorary recognition, participate in intramurals, represent the University and any travel in connection with such representation, participate in recruitment/intake or receive a new member class, maintain membership or representation of the organization on the governing council, utilize University facilities/grounds, participate in competitions, or receive future institutional funding.

   3. Suspension

      The student group or organization is no longer recognized by the University for a designated period of time. During the suspension period, a student group or organization may not conduct any formal or informal business, or participate in University-related activities, whether they occur on or off campus. This includes, but is not limited to: ability to host a party or philanthropy event, eligibility to receive any University award or honorary recognition, participate in intramurals, represent the University and any travel in connection with such representation, participate in recruitment/intake or receive a new member class, maintain membership or representation of the organization on the governing council, utilize University facilities/grounds, participate in competitions, or receive future institutional funding. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the University. Any evidence that members of a student group or organization have attempted to sustain an unofficial student group or organization will result in individual charges and will postpone the group or organization's ability to be re-recognized or registered in the future. Any further violations of University policy while on suspension will result in more serious consequences being imposed.

   4. Expulsion

      The student group or organization will permanently lose its University recognition and/or registration and is ineligible to utilize University resources including facilities and financial support.

   5. No Contact Order

      The student group or organization is prohibited from intentional direct or indirect contact with another person or group or their property via any means, including, but not limited to: personal contact, electronic communication (e.g. text messages, social media, etc.), telephone, or through third parties.

   6. Recommendation for Charter Revocation

      The University will submit an official request to the national or other governing organization to revoke the charter for a student group or organization.

   7. Restitution

      The student group or organization is required to pay for the loss of, damages to, or injury to University, personal, public, or private property, provided that such payment shall be limited to the actual cost of repair or replacement of such property. University funds may not be used to pay restitution.

   8. Loss of University Privileges

      The student group or organization is restricted from accessing specific University privileges including, but not limited to: ability to host a party or philanthropy event, eligibility to receive any University award or honorary recognition, participate in intramurals, represent the University and any travel in connection with such representation, participate in recruitment/intake or receive a new member class, maintain membership or representation of the organization on the governing council, utilize University facilities/grounds, participate in competitions, or receive future institutional funding.

   9. Knowledge Attainment Activities

      Activities designed to increase members' knowledge in areas related to the violation(s) committed including, but not limited to: attending workshops, researching a specific topic, interviewing a professional in a specific field, etc.

   10. Restorative Activities

       Activities designed to repair harms caused and give back to others or the larger community including, but not limited to: community restitution service, letters of apology, educational presentations, etc.

   11. Wellness Activities

       Activities designed to address members' wellness in areas including social, emotional, financial, physical, academic, and environmental wellness including, but not limited to: risk management workshops, assessment and revision of risk management practices, financial management training, communication or team building workshops, leadership or values congruence workshops, etc.

   12. Reflective Activities

       Activities designed to allow the student group or organization to reflect on its members' behavior choices and the impact of those choices on the group/organization and others, including potential future impacts if the same choices continue.

3. Consequences for Employees

   1. Corrective Action

      Official written notification of unacceptable behavior and violation(s) of University policy. The written documentation becomes part of the employee's personnel file.

   2. Administrative Leave

      An employee may be placed on administrative leave without pay. The length of administrative leave will be dependent upon the severity of the violation and will range in length from three (3) to thirty (30) University business days.

   3. Separation

      An action ending the employment relationship.

   4. Job Reassignment

      An employee may be moved temporarily or permanently to a different position or to a different work location. This position may or may not be an equivalent level to their current position.

   5. Loss of University Privileges

      An employee may be restricted from accessing specific University privileges including, but not limited to: University computer and network access, sabbatical or eligibility for awards, participation in groups or associations, and utilization of recreation or fitness facilities.

   6. No Contact Order

      The employee is prohibited from intentional direct or indirect contact with another person or group or their property via any means, including, but not limited to: personal contact, electronic communication (e.g. text messages, social media, etc.), telephone, or through third parties.

   7. No Trespass Order

      The employee is prohibited from being on any campus property and/or entering specific University facilities.

   8. Knowledge Attainment Activities

      The employee is required to complete activities designed to increase knowledge in areas related to the violation(s) committed including, but not limited to: attending workshops, researching a specific topic, writing reflective papers or other relevant activities.

   9. Wellness Activities

      The employee is required to complete activities designed to address the individual's wellness in areas including social, emotional, financial, physical, academic, and environmental wellness including, but not limited to: substance use assessments, counseling assessments, and/or a referral to an employee assistance program.

   10. Reflective Activities

       Activities designed to allow the individual to reflect on one's own behavior choices and the impact of those choices on the student and others, including potential future impacts if the same choices continue.

4. Consequences for Visitors

   1. Loss of University Privileges

      A visitor may be restricted from accessing specific University privileges including, but not limited to: University computer and network access, sabbatical or eligibility for awards, participation in groups or associations, and utilization of recreation or fitness facilities.

   2. No Trespass Order

      The individual is prohibited from being on any campus property and/or entering specific University facilities.

Revision Dates

1. June 17, 2016
2. November 25, 2019
3. May 3, 2022 (maintenance updates only)
4. February 28, 2023 (maintenance updates only)
5. April 25, 2023 (maintenance updates only)
6. August 22, 2023
7. October 3, 2023 (maintenance updates only)
8. Dec. 5, 2023 (maintenance updates only)