The conduct process has six steps: the incident, a review of the report, investigation, hearing, sanctioning and appeal. Not all cases will follow all six steps.  This is meant as an overview of the process only - the Undergraduate Code of Student Conduct is the authoritative source.  If you have questions about any part of the conduct process please contact our office for assistance.

Incident occurs; report is generated
The conduct process is triggered by someone reporting an alleged violation of the Undergraduate Code of Conduct to the Office of Student Conduct. It could be an RA reporting a party in the residence hall where someone underage was drinking, or a student who feels threatened by another student. Anyone can report a violation of the Code; most reports come from Housing & Residence Life staff and the Emory Police Department.

Report is reviewed
All reports of alleged misconduct are reviewed by the Office of Student Conduct. The Director determines whether or not to assign a report to a conduct officer or hearing body to investigate and potentially charge the student(s) involved with a violation of the Code. The Director may also chose not to assign a report for investigation, or to use mediation or another form of alternative conflict resolution in lieu of the conduct process.

Investigation
The conduct officer will investigate the alleged misconduct. This typically involves a preliminary conference with the student(s) accused, as well as any witnesses to the alleged misconduct. This process is meant to be educational, rather than legalistic, and does not follow the same rules and procedures as a criminal or civil court. During the investigation the conduct officer or hearing body attempts to ascertain the facts as well as to insure the accused student(s) are treated fairly and understand their rights and responsibilities under the Code.

The investigation can lead to one of three outcomes:
(1) the conduct officer believes the facts do not support a charge of misconduct under the Code. In this case the conduct officer may dismiss the case. This concludes the case.
(2) the conduct officer believes the facts support a charge of misconduct under the Code, and the accused student accepts this finding. In this case the student agrees to accept responsibility and the case moves to sanctioning.
(3) the conduct officer believes the facts support a charge of misconduct under the Code, but the accused student disagrees. In this case the student is charged with a violation of the Code and the case moves to a formal hearing.

 

Hearing
If the conduct officer that initially investigated the facts support a charge of misconduct under the Code but the accused student disagrees then the case moves to a formal hearing. The Director of Student Conduct determines the appropriate conduct officer or hearing body and a date & time for the hearing will be scheduled. Prior to the hearing the accused student as well as any witnesses meet with the staff of the Office of Student Conduct to answer any questions.

The hearing itself is meant to be educational, rather than legalistic, and does not follow the same rules and procedures as a criminal or civil court. During the hearing all of the evidence relating to the alleged misconduct will be reviewed by the conduct officer or hearing body. The accused student has the opportunity to have an advisor (not a lawyer or law student) present, and can ask questions of witnesses, introduce evidence and provide his or her own statement of facts.  After the conduct officer or hearing body has reviewed the evidence a decision must be made as to whether or not the accused student is responsible for the alleged misconduct. This decision is made based on a preponderance of the evidence, that means, is it more likely than not that based on the evidence available the misconduct did occur.  

The hearing can lead to one of two outcomes:
(1) the accused student is found not responsible. This concludes the case.
(2) the accused student is found responsible. This moves the case to sanctioning.

 

Sanctioning
If a student accepts responsibility or is found responsible after a hearing, then the conduct officer or hearing body must decide on the most appropriate sanctions, our outcomes. Sanctions are primarily meant to be educational for the student. In some cases sanctions may also be designed to protect the University community. Sanctions are determined based on the circumstances surrounding the misconduct, the seriousness of the misconduct and the student's history with the University. Sanctions can range from educational activities to suspension or expulsion. The conduct officer or hearing body has discretion to determine the most appropriate sanction.

Appeal
The final step in the conduct process is an appeal. If an accused student was found responsible after a hearing but feels the decision was incorrectly made, the student can appeal. The Appeal Board will review the student's appeal along with the complete record of the case, and will make a recommendation to the Senior Vice President and Dean for Campus Life.  The Senior Vice President and Dean for Campus Life may choose to accept or modify the Appeal Board's recommendation, and his decision is final.