In exceptional circumstances, including circumstances which may involve sexual assault, sexual harassment, and other sexual misconduct, the University may have an obligation to act before a disciplinary proceeding can be held, or to postpone its own hearing in favor of some other course of action. In such cases, the following procedures may apply:
A. Hold On Records
At any time after a possible violation of the Code of Student Conduct comes to the attention of the Dean, the Dean may place a ‘Dean of Students Hold’ on the academic records of a student in order to preserve the status quo pending the outcome of proceedings under the Code of Student Conduct. A Hold may prevent, among other things, registration, the release of transcripts, and the award of a diploma.
B. Pending Criminal Or Civil Proceedings
The University may proceed under the Code of Student Conduct regardless of possible or pending civil claims or criminal charges arising out of the same or other events. The Dean, with the concurrence of the Vice President for Student Life, after consulting with the General Counsel and considering all the circumstances, shall determine the appropriate timing for proceeding against a student who also faces related charges in a civil or criminal tribunal. If the University defers proceeding with a case against a student facing related charges in a civil or criminal tribunal, the University may subsequently proceed under the Code of Student Conduct irrespective of any time limitations set forth elsewhere in the Code. In the event a student is suspended in accordance with this Code’s interim suspension provisions and the University defers proceeding under the conditions described in this paragraph regarding pending civil claims or criminal charges, the interim suspension may continue in place pending the outcome of the pending civil claims or criminal charges and the University’s subsequent proceedings under the Code of Student Conduct.
Students who plead guilty, plead nolo contendre, or who are found guilty of violating State, Federal or Local law, are in violation of this Code, and the University may, in its discretion, impose sanction(s) without an additional disciplinary proceeding. Students retain the right to appeal only the sanction consistent with this Code. Students found not guilty, or cases where criminal charges are dismissed, or cases where students are accepted for the Accelerated Rehabilitative Disposition (ARD) program or similar such programs are still subject to the provisions and procedures of the Code of Student Conduct.
C. Interim Suspension
A student may be suspended on an interim basis when, in the judgment of University officials:
- An individual poses a threat to himself, herself, or the community; or
- The student has been charged with a crime of a serious nature; or
- The University determines there is a reasonable basis to believe the student has committed a serious violation of the Code of Student Conduct.
If an individual has been suspended because they pose a threat to himself, herself, or the community, and if the behavior will not be pursued by the University as a violation of the Code of Student Conduct, the Dean of Students (or their designate) will meet with the individual to determine the appropriateness of returning to the University.
If the behavior will be pursued by the University as a violation of the Code of Student Conduct, then a disciplinary proceeding in accordance with the procedures outlined in the Code of Student Conduct will be held as soon as possible to determine the final outcome of the case, except where the University defers proceeding in light of pending civil claims or criminal charges as described in Section VII (B) above.
When in the judgment of University officials there is reasonable basis to believe a student may have committed a crime of a serious nature or a student is alleged to have committed a serious violation of the Code of Student Conduct (except for cases involving complaints of sexual assault, sexual harassment and other sexual misconduct), the student may be suspended on an interim basis for a period of up to 90 days in order to await the determination of the Complainant and /or local governmental authorities as to whether criminal charges or Code of Student Conduct charges will be brought against the student Respondent. If criminal charges are not initiated within the 90-day period, the provisions of Section VII (B) regarding Pending Criminal Proceedings shall apply.
For cases involving complaints of sexual assault, sexual harassment and other sexual misconduct, the University, after considering all the circumstances, shall determine the appropriate timing for placing a student on an interim suspension and proceeding against such student.