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.
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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.
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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.
3. Interim Suspension: In certain circumstances the Vice President for Student Services and Dean of Students or designee may impose a university or residence hall suspension prior to the scheduled student hearing. a. Interim suspension may be imposed: 1) to ensure the safety and well-being of members of the University community or preservation of university property; or 2) if the student poses an ongoing threat of disruption of or interference with the normal operations of the University. b. During the interim suspension, a student shall be denied access to the residence halls, and / or to the campus and / or all
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