ORGANIZATION DISCIPLINARY ACTION 

Institute-recognized, sponsored, or sanctioned student groups are subject to the same disciplinary action as individual students and may also have the following or other penalties applied: limitation of social and other organization privileges or programs; alternative action, removal, or limitation of funding; and suspension or expulsion. If membership within the group is an element in the violations of the Grounds for Disciplinary Action, the penalty may also include a limitation on membership.

Notice to the University 
The institution may receive notice of an allegation or potential violation of this or other related policies in several ways, including, but not limited to: 

• The filing of an incident report with the appropriate University department or official, including self-reporting.
• Any Responsible Employee is made aware of any potential violation of this or other related policies.
• Any Responsible Employee observes any potential violation of this or other related policies.
• Any Responsible Employee is aware of an Organization’s climate or culture that may indicate a probability of violations of this or any other related policies. 

PRELIMINARY ASSESSMENT

Upon receiving notice of an alleged violation of this or other University Policies involving an Organization, the Director of Student Conduct (or designee), in consultation with the appropriate University departments, will conduct a preliminary assessment to determine if there is a reasonable basis for investigating the alleged violations of University Policies. This initial assessment will include a review of the information reported. This may include, but is not limited to: 

• interview(s) with the person(s) who made the report.
• review prior conduct history of the Organization and relevant members.
• gather information that would corroborate elements of the report.
• review of any materials related to the report. 

Once a determination has been made that the alleged violation(s) warrant a more comprehensive investigation or response, the Director of Student Conduct or designee will notify the Organization in writing to outline the alleged violations and to schedule a judicial inquiry meeting. 

If the Director of Student Conduct or designee determines that no investigation is necessary, the report is documented and administratively closed. The Director of Student Conduct or designee may, at their discretion, notify the Organization of the information received and that the matter is closed. In these cases, the Director of Student Conduct or designee may choose, at their discretion, to maintain the confidentiality of any reporting party(ies).

Interim Measures 
In cases where it is determined that certain continued operations of an Organization constitute a reasonable threat of harm to individuals, damage of University premises, or disruption to the educational mission of the University, the Director of Student Conduct or designee may issue interim measures, up to and including an interim suspension of all Organization activities, pending final disposition of the matter. Upon issuance of an interim measure, the Director of Student Conduct or designee will notify the Organization representative and other appropriate parties in writing. 

If an Organization wishes to seek a review of these interim measures, the Organization must submit a written request for an appeal to the Dean of Students or designee. This appeal should happen within five (5) business days of the University’s receipt of the request. This appeal is not a hearing on the merits of the underlying allegations, but is a review to determine what, if any, interim measures are appropriate. The review may lead to a continuance, revocation, and/or modification of the interim measures, including modifications that may be more restrictive than the initial measures. 

Interim measures should be narrowly tailored using the least restrictive means necessary to address the specific concerns. The rationale for any interim measures should be included in the notification to the Organization. Interim measures should be reviewed throughout the investigation and adjudication process for any potential modifications based on new information received.

Formal Investigation 
If the Director of Student Conduct or designee determines at any point that a formal investigation is necessary, the Director of Student Conduct or designee may assign the case to an investigator(s). The Director of Student Conduct or designee will notify the Organization, and other appropriate parties that a formal investigation is being initiated. 

In completing the investigation, the investigator(s) may: 

• Make contact (if possible) with the individual(s) who submitted the initial information.
• Interview any individuals with relevant information.
• Request relevant information from Organization members (i.e. screenshots of text messages or pictures/videos) and note whether Organization members were compliant in sharing requested information.
• Provide relevant information at any point during the investigation to the Director of Student Conduct or designee related to interim measures.
• Require Organization members, or a select group of Organization members (i.e. all new members of the Organization) to participate in an interview and may restrict communication between Organization members during the interview (for example, sequestering Organization members in a room and prohibiting interview participants from using their cell phone or other devices during the interview/sequestration). 

Students participating in a formal investigation process are expected to participate in an active, cooperative and truthful manner. Failing to participate in any fashion, including failure to provide requested information or testimony, may constitute a violation(s) of the Student Conduct Code. Additionally, the investigators will document these failures, and the Hearing Officer(s) may make any inferences based on these failures. 

The University will complete the initial investigation in a period of no more than 30 days, barring any exigent circumstances. If exigent circumstances arise that will require a delay beyond 30 days, the University will notify the Organization’s representative of the delay, including the reasons for the delay and the anticipated timeline for completing the investigation. 

JUDICIAL INQUIRY

In certain cases, the Director of Student Conduct or designee, in reviewing the allegations, may determine that the allegations constitute a violation of policy(ies). In these cases, the Director of Student Conduct or designee will send a letter outlining the alleged policy violation(s) and request a judicial inquiry to the Organization representative. 

During the judicial inquiry, the Organization may do one of the following: 

• Accept responsibility and outcomes – in this case, the Organization will follow the directives outlined in the outcomes letter and the matter will be considered closed once the outcomes are completed. Failure to complete the outcomes may result in additional disciplinary action; or
• Decline to accept responsibility and outcomes – in this case, the matter will be forwarded to an Organizational Conduct Appeal Board. 

In certain cases, the Director of Student Conduct or designee may determine that a different resolution option is warranted. This determination may be based upon the prior history of the Organization or its members.

Outcome Meeting 

The Director of Student Conduct or designee will schedule an outcome meeting with the Organization representative. During this meeting, the Director of Student Conduct or designee will administer all outcomes assigned to the Organization. Outcomes will be communicated in writing by the Director of Student Conduct or designee to the Organization representative and will list outcomes assigned, including the length of any active status, the specific privileges impacted, and all other opportunities established as a part of the educational Outcomes.

The Director of Student Conduct or designee and/or the appropriate University departments will oversee the completion of outcomes. If the Organization misses any deadlines, fails to complete any outcomes, and/or has a subsequent violation(s), the Organization may be subject to additional disciplinary action.

The outcomes implemented at the conclusion of the disciplinary process may include status outcomes, educational outcomes, and/or structural outcomes.

APPEALS

In the event the Organization declines to accept responsibility and the outcomes presented by the Hearing Officer in their judicial inquiry, the case will be forwarded to the Organizational Conduct Appeal Board. The Organizational Conduct Appeal Board will be made up of four members, including two students, two staff members and one faculty member. 

• The hearing officer may elect to call and question witnesses as necessary. The Organization representative may question any witnesses called by submitting written questions to the hearing officer.
• The Organization representative will be given the opportunity, in person or in writing, to submit or give a statement to the hearing officer and to respond to any information provided by witnesses.
• The hearing officer may question the Organization representative.
• The Organization representative may bring an advisor to the hearing. The Organization representative advisor may not speak on behalf of the Organization representative, question witnesses, or actively participate in the hearing other than to advise the Organization representative.
• The Organizational Conduct Appeal Board will make determination of responsibility using a preponderance of evidence (more likely than not) standard of evidence. 

Requests for appeals must be submitted in writing to the Director of Student Conduct or designee within ten (10) business days, barring exigent circumstances as determined by the Director of Student Conduct or designee, of the delivery of the written determination from the Adjudication and Resolution or the Outcomes Letter. The University’s presumed position is that all sanctions will be implemented during the appellate process. The Director of Student Conduct or designee may consider, upon request in writing, to stay or modify a sanction during the appellate process. Any stay or modification should be exercised only under exigent circumstances.

The Director of Student Conduct or designee will review all requests to determine if the requests adequately meet the grounds for appeal (below). The Appellant must meet one or more of the grounds below for the request to be passed on to the appellate body for consideration on the merits. The burden is on the Appellant to show the grounds are met using the preponderance of the evidence standard.

The Director of Student Conduct or designee serving in the reviewer role will issue their decision to allow the appeal to proceed in whole or in part or to deny the appeal within five (5) days of receipt of all information and responses, barring exigent circumstances. 

Grounds for Appeal
The Organization may file an appeal, as may an aggrieved party in the matter, as determined by the Director of Student Conduct or designee (e.g., a Sexual Misconduct matter covered under Title IX), to either the Finding issued in the Judicial Inquiry or Organizational Conduct Review Board but all appeals are limited to the following grounds:

• demonstrated procedural error;
• new evidence that could not have been discovered by the accused student prior to the time of the original decision which would be likely to change these results of the previous outcome (“material new evidence”); and/or
• sanctions that are not appropriate for the violations.

General Considerations 
The original finding and outcome(s) are presumed to have been decided reasonably and appropriately. 

In cases where there are other parties involved, if the Dean of Students or designee during the review phase or the Appeal Officer during the appellate phase, wishes to meet with a party or Organization representative, the other party will be notified and granted the same opportunity. 

Appeals are not intended to completely re-hear the original case. In most situations, the Appeals body will only review the specific issues being challenged. 

Appeal Conclusions 
An appeal that is granted based on new evidence should be returned to the Director of Student Conduct or designee or Hearing Officer for reconsideration, rehearing, or for further investigation. 

An appeal granted based on the grounds mentioned above may either be returned to the Investigator, Director of Student Conduct or designee, or the original hearing officer(s), with instructions to further investigate, clarify findings, or remedy errors. 

When an appeal is granted based on excessive sanctions the appeal members may alter the Outcome or remand with recommendations, to the Director of Student Conduct or designee or the original Hearing Officer(s), as appropriate, to modify the Outcome(s). Such Outcome determination shall be final. 

Review of the Appeal Board’s Decision
Either party may request a final review of the Organizational Conduct Appeal Board’s decision by the Vice Provost for the Student Experience. This request must be made in writing within five (5) Institute business days of receiving the board’s decision and submitted through the Director of Student Conduct in the Dean of Students Office.

The Vice Provost has full discretion in how to conduct the review and may make a final decision based solely on the written materials, including the appeal letter.

TYPES OF DISCIPLINARY ACTION FOR ORGANIZATIONS

Status Outcomes 

• Warning: A Warning is given to notify an Organization that the behavior and conduct is inconsistent with the expectations of the University. An Organization should expect elevated outcomes to result from any subsequent violations when/if similar behaviors occur. 
   
• Restriction of Privileges: Restriction of Privileges precludes an Organization from participating in certain activities or may require an Organization to forfeit specific privileges. An Organization under a status of Restriction of Privileges is not in good standing with the University. Restriction of Privileges may include, but is not limited to, loss or limitation of social events or limitation of ability to participate in University events or activities, etc. 
   
• Disciplinary Probation: Disciplinary Probation serves to notify an Organization that it must avoid any further violations of University policy for a specified period in order to avoid additional disciplinary action. Organizations on probation are not in good standing with the University. An Organization may be prohibited from participating in certain activities or forfeit specific privileges while on probation. If an Organization on probation is found responsible for any subsequent violations, the outcomes may escalate. Disciplinary Probation may include Restriction of Privileges. 
   
• Suspension: Suspension is a status for a specified period that includes, but is not limited to, the revocation of the University's registration of the Organization for a stated period, cessation of University funding, restriction of all operations at the University, and restriction of use of University resources. If the Organization also holds a charter from a inter/national organizational governing body, the University may also request that the inter/national organizational governing body, revoke the charter of the Organization. 
   
• Expulsion: The expulsion of a student organization denotes the permanent revocation of Institute recognition and all privileges thereof, without the opportunity for reinstatement at any time. An organization that is expelled is permanently excluded from all Institute programs and services including, but not limited to: student government, funding, advertising the organization and/or displaying the organization name or house letters; the inability to participate in or sponsor any activities as an organization, to participate in recruitment and pledging activities; or for organization members to hold positions related to their membership in the suspended organization (i.e., IFC, MSFC, or Panhellenic positions, student government positions, etc.).

An Organization placed on Suspension/Expulsion is prohibited from sponsoring, co-sponsoring, or participating in all social, intramural, athletic, or other similar activities on or off campus. A suspended/expelled Organization may not solicit or initiate any new members. Suspension may also include the forfeiture of other specifically listed privileges. Suspension should be for a specific and determined period of time and will include a written return agreement outlining specific conditions for return. Failure to comply with the conditions of suspension may results in additional disciplinary action. 

If the Organization dissolves or loses recognition, because of organizational misconduct, and then attempts to seek recognition under the guise of a different organizational name, the University reserves the right to deny the request for recognition or withdraw the recognition. This conclusion may be based on factors, including but not limited to, overlapping membership, similarity of purpose, and the timing of the dissolution or prior loss of recognition and the request for new recognition. 

Continued operation of the Organization after suspension or loss of recognition will result in additional disciplinary action, up to and including an extension of the Suspension beyond the terms originally outlined in the initial Outcomes Letter/return agreement. 

An Organization that has completed a period of suspension and has met conditions for return as outlined in the return agreement may seek reinstatement by complying with the registration requirements of the appropriate University department.

Educational Outcomes 
Educational Outcomes may include, but are not limited to, educational programming, community service, interventions, restrictions, workshops, or other outcomes determined to help develop the culture and community of the Organization. The Director of Student Conduct will determine educational outcomes after consultation with the appropriate stakeholders as necessary. 

Structural Outcomes 
Structural Outcomes are related to the structure, membership or governance of the organization. Structural outcomes, developed in collaboration with the inter/national organizational governing body (if applicable), may include, but are not limited to, changes to the Organization operating procedures, a review of the Organization membership/leadership, an external Organization review, and changes to the Organization advisor support. Structural outcomes may be included alongside any Status and Educational Outcomes, but only after consultation with the appropriate stakeholders.