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Procedures for Personal Conduct Violations

Violations Review

Any member of the University community may take alleged violations of the Student Code of Conduct to the Office of Student Concerns. Allegations will be reviewed, and a determination made as to whether there is a basis to believe that violation of the Code of Conduct may have occurred. If it is deemed that no violation has occurred, the allegations are dismissed and the accused is informed. If it is deemed that there is a basis to believe that a violation has occurred, the Office of Student Affairs in cooperation with the School of Law may, in an attempt to address issues as informally as possible; conduct further inquiry, discuss the violation with the accused student and propose a resolution. If the accused student accepts responsibility and is in agreement with any accompanying penalty, the case will be considered resolved. If the Office of Student Affairs in cooperation with the School of Law has determined that a resolution by agreement is not possible or at the request of the accused student, the allegation will be referred to the Student Discipline Committee and/or the School of Law Honor Code Review Board.

The Office of Student Concerns may impose, at the discretion of that office, an immediate suspension of privileges pending the disposition of an allegation. Among the factors which may be considered, by way of illustration but not limitation, are the nature of the allegations, the prior history of the student, the risk to the college community, and/or any court orders concerning “no contact” provisions.

Student Discipline Committee

The Student Discipline Committee shall meet for the purpose of handling specific problems relating to academic dishonesty and/or student misconduct. The Committee is composed of the following:

Chairperson

The Chairperson shall be the Assistant Vice President of Student Affairs and Dean of Students or their designee.

Other Voting Members

  1. One full-time faculty member;
  2. One Academic Advisor;
  3. President of the Student Government Association or their designee;
  4. One Cabinet Member.

Non-Voting Member

Counsel for the University shall be present to advise the Committee as to any legal issues which may arise during the hearing. Counsel may also question any witnesses. Counsel shall not attend or participate in any deliberations.

Quorum

A quorum shall consist of three (3) voting members.

Recording of the Hearings

The Student Discipline Committee’s hearings shall be recorded, and the recording preserved until the matter has been concluded, including the taking of any appeals. All deliberations are confidential and are not recorded.

Burden of Proof

In order for the Committee to find that a student has violated the Code of Conduct, it must first be satisfied, by a majority vote of those members present, that the allegations were established by a preponderance of the evidence.

Due Process for Hearings

Courts have held that student disciplinary proceedings at private education institutions such as Wilmington University are not subject to the rights and privileges of the United States and individual State Constitutions. In our educational environment, the goal is to settle issues as informally as possible with “Fairness” as the guiding principle. Wilmington University believes the following elements of due process are applicable to the student disciplinary proceeding.

That the student:

  1. Be notified in writing of the allegations against them and the basis for these charges.
  2. Be given an opportunity for a hearing by the Student Disciplinary Committee.
  3. Be notified of the date, place, and time of hearing.
  4. Be given an opportunity to be heard and present witnesses on their own behalf.
  5. Not be the recipient of disciplinary action which is not supported by the evidence.

The following policies, while not required to ensure due process, are established for purposes of clarity and fairness.

  1. The accused may be accompanied by an advisor of their own choosing from among the members of the University community. The advisor acts in that capacity alone and may not participate in the hearing or speak for the accused. Legal counsel is only permitted when the accused has been charged with a related criminal offense. Counsel is present to advise the accused student and may not speak for accused or participate in the hearing.
  2. A recording and/or written transcript of the hearing should be made. The cost of the transcript must be paid in advance of it being prepared. The cost of having a written transcript prepared shall be borne by the student. The transcript shall be prepared under the direction of the Office of Student Affairs.
  3. Records of a disciplinary action shall be kept as confidential as is appropriate under the circumstances. Disclosure is generally made to the Registrar, Bursar, instructors, victims if a student is suspended, dismissed, or expelled, or otherwise has restrictions placed upon them. As a general rule, disclosure of students or disciplinary actions to disinterested third parties shall be released only with a signed request by the students or a valid subpoena (subject to FERPA (Family Educational Rights and Privacy Act) guidelines or Court Order). The disclosure could include:
    1. Specific violation and/or notices of prior misconduct;
    2. Decisions of the Student Disciplinary Committee or negotiated
    3. Disciplinary action;
    4. Sanction;
    5. Notice of reinstatement, if appropriate.

Sanctions for Violations of Conduct

Sanctions imposed by the Student Discipline Committee may include but are not limited to the following actions:

  1. Disciplinary probation with or without loss of designated privileges for a specified period of time;
  2. Restriction of privileges such as removal from elective or appointed office and/or ineligibility in representing the University;
  3. Suspension from the University for a specified period of time. Any suspension may be followed by a probationary period and may include restriction or forfeiture of privileges;
  4. Dismissal from the University with permission to reapply after a specified period of time. Conditions precedent to readmission may be established in conjunctions with such a dismissal;
  5. Permanent dismissal from the University;
  6. When students who have been suspended or dismissed from the University and later return, credits earned from courses completed at other institutions of higher learning while under suspension or dismissal may be transferred to Wilmington University with approval of the Academic Review Committee.
  7. A delay as to when a degree is to be conferred upon the student;
  8. A determination that the student is not entitled to have their degree conferred.

Any of the sanctions listed above may be imposed for a first offense and any subsequent offense. Sanctions are not required to be progressive. Prior infractions of misconduct shall be considered in determining the appropriate disciplinary action. The appropriate sanction shall be imposed at the discretion of the Student Disciplinary Committee. In order for the Committee to approve a sanction, it must be agreed upon by a majority vote of those members present.

Appeals of Disciplinary Action

Within fifteen (15) business days from the date that the notification of sanctions is sent via certified mail, a written appeal of the decision may be made to a panel consisting of the Assistant Vice President of Student Affairs, Dean of Students or their designee, and two designated members of the Cabinet, or other University officials as deemed appropriate by the Vice President of Student Affairs and Alumni Relations. Any appeal must be sent via certified mail, return receipt requested to the Vice President of Student Affairs and Alumni Relations. A copy of the appeal shall be sent to the Office of Students Concerns.

A party may request an appeal on the grounds that the hearing was unfair. Such a request must state the specific procedure(s) violated and provide information or documentation to substantiate the allegation(s). A party may also request an appeal on the grounds that:

  1. the decision was contrary to the evidence;
  2. the sanction imposed is inappropriate, unreasonable, or unjust; and/or
  3. there is new information which was not available at the time of the original hearing.

A request on any of these grounds must explain, in detail, the basis for the appeal.

The filing of an appeal shall not act as a stay of any suspension or dismissal. The panel shall review the appeal and determine, at its discretion, whether the appeal shall be considered upon the written and recorded record or whether a further hearing is necessary. The panel shall issue this determination within ten (10) business days from the receipt of the appeal and schedule any hearing as promptly as is reasonably possible. No member of the Student Disciplinary Committee shall be permitted to provide testimony concerning their individual view of the evidence or the sanction. Likewise, they may not offer testimony concerning the private deliberations of the panel. If no hearing is conducted, a decision will be issued within thirty (30) days of receipt of the appeal. In the event that a further hearing is necessary, the panel shall issue its decision within ten (10) business days of that hearing.

The panel shall consist of at least two (2) of the three (3) members. Decisions of the panel shall be by majority vote of those present. Decisions of the panel shall be by majority vote of those present. Decisions of the panel shall be by majority vote of those present. The decisions of the panel shall be final.

A student filing an appeal must establish by clear and convincing evidence that the decision of the Student Disciplinary Committee should be reversed. The appeal panel may amend the penalty either upward or downward if convinced by clear and convincing evidence to do so. If the appeals panel consists of only two (2) voting members and they are split as to the result, the decision of the Student Disciplinary Committee shall not be disturbed.

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