Catalog Navigator : Disciplinary Review Process

Initial Disciplinary Action
Upon formal complaint that an alleged violation of the code has been committed by an individual student, group of students or student organization, the Dean of Students or his/her designee shall investigate the matter. (See the Jurisdiction section of this handbook for further information.)

If the university's investigative agent determines that there is not reasonable cause to believe that the allegation has occurred the investigation shall promptly cease and no record of the complaint shall be retained in the student's disciplinary file.

If the investigative agent determines there is reasonable cause to believe that a violation of policy has occurred, he/she shall notify the student of the charges and give the referred student the option of choosing (1) an Administrative Hearing PRocess, or (2) a Judicial Board Hearing Process. (See the "Administrative Hearing Process" and "Judicial Board Hearing Process" sections of this code for more information.) If during the investigative process the referred student acknowledges a violation has occurred, the process will immediately move o the sanction process. (See "Sanctions" section of this code for more information). The investigative agent will take reasonable measures to ensure that the investigation is completed within 10 class days of the date of written complaint that a violation of policy has occurred. However, the university reserves the right to extend this time limit, in its sole discretion, in order to ensure a proper investigation of all relevant material.

Because a student's prior record of conduct will be used as a basis for more stringent disciplinary action, the hearing agent will review all sanctioned violations in the student's file before assigning any disciplinary sanction(s). Any previously imposed sanctions may provide additional justification that more strict action on behalf of the university is necessary to ensure that the student understands the full impact his/her pattern of behavior is having on the DePaul community.

Failure of a student to agree to or appear at his/her selected hearing, or to otherwise disrupt the normal hearing process, shall in itself constitute a violation of the Code of Student Responsibility.

If a student fails to appear at his/her selected hearing, the hearing agent may render a decision based solely on the written documentation and/or complainant's testimony available at the time without the benefit of information from the referred student.

In order to ensure the necessary review of all facts, the hearing agent may request investigative meeting(s) with the alleged violator, complainant and/or witnesses prior to the actual disciplinary hearing. These meetings are intended to provide information pertinent to the incident under review and are not designed to render a binding decision.

If, after the Administrative Hearing or Judicial Board Hearing has taken place, there is sufficient evidence that a violation has occurred, the hearing agent may impose the appropriate sanction(s), when deemed necessary and appropriate. (See the "Sanctions" section of this code for more information).

It should be noted that public rules of evidence and discovery do not apply to the university's disciplinary process. Students should be cautioned not to draw parallels between criminal or civil law and university procedures.

All imposed sanctions shall become effective at the completion of the hearing unless otherwise stipulated. Sanctions will be confirmed in writing to the referred student by the hearing agent within five class days of completion of the disciplinary hearing.
Appeals of imposed sanctions are allowed on proscribed grounds. Students should see the Disciplinary Appeal Procedures section of this code for further information.

University Review Process
If an incident involves individuals from outside the DePaul University community and results in the allegation of a violation of the Code of Student Responsibility, the Dean of Students Office will conduct a University Review Process. The review will allow for the collection of information pertinent to the incident and a decision will be made whether a university violation has occurred. If it is found that a university violation has occurred the review may result in the imposition of university sanctions. The review process will follow the stated procedures for an Administrative Hearing Process. This internal university review will proceed independently from any civil or criminal action.