ARTICLE IV : CODE OF STUDENT CONDUCT PROCEDURES A . Implementing the Sexual Misconduct Policy
All matters involving allegations covered by the University ’ s Sexual Misconduct Policy will be handled by the Gwynedd Mercy University Title IX Office in a manner consistent with the requirements , accommodations , procedures , and processes outlined in the Gwynedd Mercy University Sexual Misconduct Policy . The Sexual Misconduct Policy is available here .
B . Implementing the Code of Conduct
Charges of misconduct or an investigation of misconduct must be filed in writing within a reasonable period following the alleged offense and forwarded to the office of the Vice President for Student Services and Dean of Students , or in the case of violations within the Residence Halls , to the Director of Housing and Residence Life or designee , who shall then serve as the Administrative Hearing Officer for the complaint . Forms on which complaints may be filed are available online at the Vice President for Student Services and Dean of Students webpage . Individuals may also go directly to the Student Services Office , the Office of Public Safety , or the Office of Residence Life to file a complaint . The complaint should include as much detail concerning the alleged violation as possible and include the specific reference to the part of the Code the complainant feels has been violated . Perceived criminal activity should be reported immediately to Public Safety , which will submit its report of a student violation to the Office of the Vice President for Student Services and Dean of Students . The Vice President for Student Services and Dean of Students or Director of Housing and Residence Life , or designee , acting as the Administrative Hearing Officer , will notify the respondent in writing that a complaint has been filed against them . Following the notification to the respondent within a reasonable time , not to exceed ten ( 10 ) business days , the case will be officially heard by the Administrative Hearing Officer . The Administrative Hearing Officer will advise the respondent of the violation of the Code of Conduct , students ’ rights and offer to hear the respondent ’ s statement . The Administrative Hearing Officer will investigate the charges and in absolute discretion , will then decide whether the alleged offense is substantial and serious enough to convene the Campus Hearing Board to hear the charge . For cases involving separable violations , the matter may be referred to the Campus Hearing Board .
1 . Administrative Hearing : An alleged offense that would not be cause for student suspension or expulsion from the University would most likely be heard by the appropriate Administrative Hearing Officer . For violations within the residence halls , the Director of Housing and Residence Life or designee will serve as the Administrative Hearing Officer . The Vice President for Student Services and Dean of Students or designee will serve as the Administrative Hearing Officer for all violations occurring outside of the residence halls . The Director of Housing and Residence Life may at their discretion , for repeated or serious violations , confer with and may defer the case to the Vice President for Student Services and Dean of Students or designee , who will then serve as the Administrative Hearing Officer for the case .
a .
b .
The Administrative Hearing Officer will review all materials , hear all information pertinent to the case from the respondent , the complainant and any witnesses brought forth , clarify issues raised , and render a confidential decision to the respondent in writing based upon information presented .
If a respondent fails to appear for a scheduled hearing , the information and support of the charges shall be presented and considered in their absence . In addition , a decision of either “ responsible ” or “ not responsible ” may be rendered along with appropriate sanction ( s ), and the student waives their right to appeal any sanction that may be applied .
2 . Campus Hearing Board Hearing : For an alleged offense where a student may be suspended or expelled from the University or upon the specific request of the respondent , the convening of the Campus Hearing Board ( Board ) may be warranted . If the alleged offense does warrant convening the Board , the Administrative Hearing Officer shall prepare and send to the Vice President for Student Services and Dean of Students the written specification of the charges against the respondent . This written specification must include :
( 1 ) A description of the acts of the respondent . ( 2 ) The particular section of the Code which has been violated . a .
b .
c .
A closed hearing date will be chosen by the Vice President for Student Services and Dean of Students within a maximum of 10 business days . Maximum time limits for scheduling of a Board hearing may be extended at the discretion of the Vice President for Student Services and Dean of Students .
The Vice President for Student Services and Dean of Students shall notify the witnesses and members of the Board of the date and time of the hearing . In cases where more than one student is charged with an alleged violation , the Vice President for Student Services and Dean of Students will determine whether to hold one hearing for all respondents or a separate hearing for each respondent .
If a respondent fails to appear for a scheduled hearing , the information and support of the charges shall be presented and considered in their absence . In addition , a decision of either “ responsible ” or “ not responsible ” may be rendered along with appropriate sanction ( s ) and the student waives their right to appeal any sanction that may be applied .
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