Part 4.
4.1 The Dean of Students, or designee, determines if an interim suspension or other measures are required to promote the safety and well-being of the University community. Interim suspension limits a student’s ability to be physically present on University property, participate in classes, and participate in all University activities. Unless there are extenuating circumstances, a student who is interim suspended will be notified of any alleged policy violations within five (5) business days of the interim suspension notice. Alleged policy violations are subject to change depending on the information gathered during an investigation. All efforts will be made to investigate the incident further and proceed with the student conduct process in a timely fashion.
4.2A student who is placed on interim suspension will be given the opportunity to appeal their interim suspension to the University Appeals Board. Any appeal must be made by the student within fifteen (15) business days of the notice of the interim suspension. The University Appeals Board will hear the case to determine whether the interim suspension was appropriate at the time it was issued, and/or if it should be continued or modified.
The University Appeals Board will hear appeals and determine within three (3) business days of receipt of the student’s written request for a hearing. All recommendations of the University Appeals Board are reviewed by the Senior Vice President for the Student Experience, or designee, whose decision is final, and no further review of the interim suspension is available. The decision of the Senior Vice President or designee affirming or modifying the interim suspension will be communicated to the student within three (3) business days of the hearing.
If the student does not appeal the interim suspension, the interim suspension remains in effect pending the outcome of a resolution by agreement meeting or formal hearing, or until the safety or security concern is resolved.
Where an interim suspension or other measures are imposed in a case involving the arrest of the Respondent, the University may require the associated criminal matter to be resolved in full prior to the pending conduct case being heard. In cases of sexual misconduct, the University may be required to proceed with the conduct case prior to resolution of an associated criminal matter.
4.3 Investigative Status is an interim measure imposed on a student organization to protect the safety, security, or well-being of all members of the University Community. A student organization placed on Investigative Status is prohibited from engaging in any organizational activities until a full investigation and any resulting conduct complaint are concluded, or until the Investigative Status is otherwise lifted or modified at the discretion of the Director of Community Standards.
4.4 No Contact Orders (NCO) are issued to prohibit communication between designated students when there is reason to believe that continued contact is not in the best interest of the involved students. NCOs are not considered disciplinary action and are intended to promote student safety and security, and to prevent future negative interactions between the students.
No Contact Orders prohibit all forms of contact between students including, but not limited to, contact via social media, electronic communications, contact via a third party and/or in-person contact.
4.5 When a No Contact Order is issued, both parties receive a written copy of the NCO and both parties are expected to avoid contact with the other. NCOs typically impose mutual restrictions on the parties.
4.6 Temporary No Contact Orders may be issued by the Department of Public Safety, Student Living, or a Title IX Coordinator as a temporary directive to prohibit communication between designated students when there is reason to believe continued contact is not in the best interest of the involved students. Temporary NCOs will be reviewed by the Director of Community Standards, or designee, within two (2) business days of being issued to determine if there is a need to continue the temporary NCO, amend it, or remove it. Both parties will be notified in writing of the decision.
4.7 No Contact Orders issued by Community Standards remain in place unless: amended or rescinded by the Director of Community Standards, or designee; or upon appeal as outlined in Part 4.8; or by the University Conduct Board, Administrative Hearing Officer, or University Appeals Board after the resolution of a conduct case, as appropriate.
4.8 No Contact Orders may be removed or amended through an appeal to Community Standards. In the event of an appeal, either involved student may submit a written request to have the NCO removed or amended. The letter must include:
- A description of the events that caused the NCO to be issued.
- Names of those listed on the NCO.
- Reasons why the NCO should be removed or amended.
- Plans to prevent any negative incidents from occurring between parties listed if the NCO is removed or amended.
When an appeal has been filed, the other party to the NCO may be permitted to respond in writing within three (3) business days after the appeal has been provided to them. Responses must not exceed two (2) pages, double-spaced, using 12-point font and 1-inch margins (not including attachments.) Any response will be forwarded by Community Standards to the appealing party.
No Contact Orders will not be considered for removal or amendment if all elements of the written appeal are not addressed, the initial basis for the NCO stemmed from an incident involving violence or threats of violence, or if there is evidence of the likelihood of future negative incidents between listed parties.
4.9 Violations of No Contact Orders may result in a student’s interim suspension and the filing of new or additional Student Conduct Code charges.
4.10 No Contact Orders are not part of a student’s conduct record unless there is a related conduct case filed with and resolved by Community Standards.
4.11 In certain instances, to promote the safety and well-being of the University community, the University may impose an interim residential relocation on students while a conduct case is pending. Interim residential relocation is not a disciplinary action.