How Accountability Works - Conduct Process

Conduct Process vs. Criminal or Civil Systems

Table of Contents

Hearing Options

Interim Administrative Measures

Procedures for Hearings

Sanctions

Appeal Process

Honor Council Process

Sexual Misconduct Process

The conduct system is not equal to a criminal or civil court system. The two systems are independent, have different purposes, processes, and standards used to determine responsibility and consequences. The procedural defense of double jeopardy does not apply. While some procedural elements may seem similar, Sewanee’s system is founded on educational philosophies and fundamental fairness rather than criminal or civil court systems. As a private institution, the University’s conduct process seeks fundamental fairness by establishing these rights and procedures. Accordingly, Sewanee does not adhere to the standards of Constitutional Due Process.

The prevailing evidentiary standard in criminal matters for determining guilt, “beyond a reasonable doubt” does not apply in the University’s process. The University uses a preponderance of the evidence standard to determine responsibility.

Students should understand that in some circumstances, an offense might lead to action by both the Honor Council and the Dean of Students: for example, a student who is found to be drinking underage and in possession of a fake ID has violated both the student code of conduct and the Honor Code. Also, in addition to being handled through the University, conduct violations that are also violations of Tennessee law may also be referred to the appropriate legal authorities for adjudication: students may face sanctions from both the legal system and the University.

Philosophy

The conduct process is designed to be a part of the educational mission of the University, one that focuses on upholding the commitments inherent in the Sewanee community. The conduct process teaches students in the College of Arts and Sciences appropriate and acceptable behavior within a community. The College provides a conduct process in which members of the Sewanee community may resolve violations of the Code of Conduct with mutual respect for one another while fostering relationships. These relationships help to create an environment of conduct holding members of the community responsible for their actions with the ultimate goal of encouraging and fostering the personal growth and development of each student.

Guiding Principles

When there are violations of the Code of Conduct, the conduct process will be governed by the following:

  • Fairness. The process should strive to be consistent, clear, comprehensive and, when possible, efficient.

  • Education. The process, including potential consequences should strive to be educational. Students are encouraged to consider responsibility for their actions and making wise choices.

  • Respect. The process should strive to be characterized by respect for all individuals as well as the community as a whole and the commitments outlined for our campus.

Jurisdiction

The University reserves the right to address student behavior or student organization activity on-campus, off-campus, and online when such behavior or activity is inconsistent with the Code of Conduct or has an adverse impact on the Sewanee community, its members, or the pursuit of its objectives. The University also has the authority to address behavior that occurs during sponsored off-campus events and programs (including the University’s international programs) when it is determined that the behavior conflicts with the University’s policies and/or educational mission.  Any incident involving an individual student’s behavior or a student organization’s activity that is believed to be inconsistent with federal, state, and local laws may be addressed as well. The Code of Conduct applies to a student’s conduct event if the student withdraws from the University while a disciplinary matter is pending.

Scope

The University’s Code of Conduct applies to student behavior occurring from the time of admission until the actual awarding of a degree or other separation from the institution completed without unresolved conduct violations. More specifically, each student is responsible for his/her conduct from their first day on campus through the actual awarding of a degree, even though the conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment.  For entering students, a student’s violation of the Code of Conduct occurring prior to the opening of residence halls for the admitted semester may be addressed through re-evaluation of the offer of admission. In such cases, the student will receive a written letter stating the decision of the re-evaluation. After the opening of residence halls for the admitted semester, a student’s behavior will be addressed in accordance with the Conduct Process published in this guide. A student’s intention to live on or off campus does not alter this policy. Pursuant to the EQB Guide, authority for student conduct ultimately rests with the Dean of Students or his/her designee(s). For entering students, professional staff members from University Admissions may be responsible for implementing conduct decisions.

Authority

The University Ordinances give the Dean of Students responsibility for establishing and implementing a student disciplinary system.  The system addresses discipline matters not addressed by the Honor Council.  Under the direction of the Dean of Students, professional staff members from the Division of Student Life and the Student Conduct Board are responsible for implementing the conduct process for students.

Confidentiality

  1. Decisions regarding conduct matters are confidential and become a part of the student’s educational record, and are, therefore, subject to federal regulations set forth in the Family Educational Rights and Privacy Act (FERPA) of 1972. Those involved in inquiries should not comment on any aspect of the case or outcome with anyone other than the student unless allowed to do so in accordance with FERPA, Title IX, Clery Act, or other federal provision related to student privacy.

  2. Should an employee of the University involved in the conduct process be asked for public comment, he or she should be aware of his or her duty to refuse comment and instead should refer the question to the Dean of Students or his or her designee for an official statement.

  3. Persons found to be in violation of this confidentiality provision will be subject to University conduct action. Such disclosure of information is not only in violation of university policy but also of federal statutes.

  4. Upon request, the University will disclose the results of any conduct proceeding conducted by the institution against a student who is the alleged perpetrator of any crime of violence or a non-forcible sex offense to the alleged victim or his/her next of kin if the alleged victim is deceased.

Parental Notification

The University reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status, or conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. When a student is not dependent, the University will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The University also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.