Personal Misconduct

The University Procedures for the Adjudications of Allegations of Personal Misconduct is the mechanism by which the University will investigate reports of alleged acts of personal misconduct by students and resolve the alleged violations through a process consistent with both the Indiana University Code of Student Rights, Responsibilities, and Conduct (the “Code”) and the mission of the University. The procedures are designed to provide students with due process, to ensure equal protection for all students, and to provide for the imposition of appropriate outcomes for matters of personal misconduct. The University adjudication process is not to be considered a substitute for criminal or civil proceedings. Rather, the procedures are meant to provide a fair disciplinary process which fosters development and accountability for the students involved.

Disciplinary proceedings for an act of personal misconduct that is committed simultaneously with an act of academic misconduct are governed by the following procedures unless the Associate Dean of Students or designee and the faculty member involved agree otherwise.

The disciplinary procedures in this section do not govern proceedings involving the alleged violation of campus motor vehicle and residence hall or on-campus apartment housing contractual provisions. The procedures likewise do not govern proceedings involving the university’s collection of fees from students.

1. University: “University” refers to Indiana University
2. University Campus: “University Campus” refers to the Indiana University campuses of Indiana University Indianapolis, Indiana University Columbus, and Indiana University Fort Wayne including all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University and/or campus, including adjacent streets and sidewalks.
3. Member of the University community: “Member of the University community” includes any person who is a student, faculty member, University official, University organization or person employed by the University.
4. Staff or staff member: “Staff” or “staff member” includes any employee or University performing administrative or professional responsibilities.
5. Faculty or faculty member: “Faculty or faculty member” includes all who teach and/or do research at the University, including but not limited to tenure track faculty, librarians, holders of research or clinical ranks, lecturers, graduate students with teaching responsibilities, visiting and part-time faculty, and other instructional personnel, including coaches, advisors, and counselors.
6. Student: A “Student” is
   1. A person who is admitted or enrolled in any credit-bearing course or program in any school or division of Indiana University.
   2. A person who is admitted to Indiana University and present on a campus for the purpose of being enrolled in any credit-bearing course or program in any school or division of Indiana University.
   3. A person who has been admitted and enrolled in any credit-bearing course or program in any school or division of Indiana University and continues to be associated with Indiana University because of failure to complete the course or the program in which the person was enrolled.
   4. A person who is not admitted to the university, but who is taking classes to transfer to another university, for personal enrichment, or in preparation to apply to a graduate program. A person who is taking classes as part of the Advance College Project for the limited purpose of academic misconduct related to an enrolled course.
   5. Individuals who withdraw after having allegedly committed misconduct, or who are not officially enrolled for a particular term, but who have an expected continued academic relationship with the University, may be considered “students.”
   6. “Student” includes all students enrolled on the campuses of Indiana University Indianapolis, Indiana University Columbus, or Indiana University Fort Wayne.
7. Student Organization: “Student Organization” refers to any number of persons who have complied with any necessary requirements and are formally recognized by the University.
8. Business Day: “Business Day” includes any day, Monday through Friday, in which the University offices are open.
9. Office of the Dean of Students: “Office of the Dean of Students” refers to the office designated to administer the Code on the Indiana University Indianapolis campus.
10. Community Standards Officer (Hearing Officer) : “Community Standards Officer” refers to a designee of the Office of the Dean of Students who is authorized to investigate and adjudicate student disciplinary cases and to impose sanctions upon any student or student organization found to have violated the Code.
11. Reporting Party: “Reporting Party” includes any person(s) who submits a referral alleging that a student or organization has violated the Code.
12. Respondent: “Respondent” refers to any student for whom an allegation of a violation of the Code has been filed with the University.
13. Witness: “Witness” refers to an individual, deemed to have relevant information related to the alleged violation, who has been requested to appear by the Respondent or the Office of the Dean of Students.
14. Advisor: a person of the student’s choosing who acts in a supportive role and will not be interpreted as that of a representative of the student.
15. Referral: “Referral” includes any documentation or information provided to the Office of the Dean of Students alleging that a violation of the Code has occurred.
16. Notice: “Notice” will be conclusively presumed to include documentation sent to the student through official University email; mailed to the address appearing on either the student’s current local address or permanent address on record in the Indiana University Indianapolis system; or provided to the student in person.
17. Sanction: “Sanction” refers to the disciplinary outcome(s) imposed on a student for violations of the Code.
18. Tier I Offense: “Tier I Offense” refers to an alleged violation of the Code, when in consideration of all aggravating and mitigating factors, is likely not to result in separation from the University as defined in Article IX of this document.
19. Tier II Offense: “Tier II Offense” refers to an alleged violation of the Code, when in consideration of all aggravating and mitigating factors, is likely to result in separation from the University as defined in Article IX of this document.
20. Appointment Bodies: “Appointment Bodies” are university entities authorized under these procedures to appoint members to the University Hearing Commission. Appointment Bodies include Faculty Council, Undergraduate Student Government, Graduate and Professional Student Government, and the Dean of Students.

1. These procedures apply to the adjudication of the Indiana University Code of Student Rights, Responsibilities, and Conduct provisions on Personal Misconduct. Authority to establish these procedures is provided in the Code under Part III: Procedures for Implementation of the Code.
2. These procedures apply to all students, as defined under the Code (which is consistent with II.F. above), at the campus of Indiana University Indianapolis, Indiana University Columbus, and Indiana University Fort Wayne.
3. Should a student withdraw from the University, no longer remain enrolled, or otherwise not meet the definition of a student while a disciplinary matter is pending, the University will retain authority to adjudicate the matter under these procedures provided the alleged misconduct occurred while the individual was enrolled or participating in a university-affiliated activity.
4. As established under the Code Part IV, Section C. “any unit of the university may adopt additional substantive or procedural standards to this code, provided the additional standards:
   1. Are necessary to meet academic concerns or to comply with the professional or accreditation standards;
   2. Guarantee students in the unit a fair opportunity to be heard consistent with the standards of evidence and due process found in this code;
   3. Are enacted by the faculty governing organization of that unit; and
   4. Are approved by the chief student affairs officer of the campus.”
5. If, after a degree has been conferred, the University determines that the student committed misconduct prior to the conferral, the University may recommend the revocation of the degree to the Board of Trustees.
   1. When an allegation of academic misconduct is made after degree conferral, the unit/school/division that awarded the degree will conduct an investigation to determine whether misconduct occurred, and if so, whether to recommend revocation of the degree to the Board of Trustees. The unit/school/division, in consultation with the Provost and the Associate Dean of Students, will determine the procedures to be followed in conducting its investigation. The unit/school/division will make every reasonable effort to notify the student regarding the misconduct allegation and permit the student to respond to the allegation.
   2. When an allegation of personal misconduct is made, which would have occurred prior to degree conferral and if the allegation would be considered a Tier II offense and/or would have influenced or affected the academic process, the Office of the Dean of Students may adjudicate the case consistent with the procedures to adjudicate allegations of personal misconduct.

The standard of proof for a finding of misconduct will be based upon a preponderance of evidence. Preponderance of evidence is defined as evidence that a reasonable person would find persuasive or more likely than not that the violation occurred. The burden to demonstrate that the preponderance standard has been met will be upon the University.

1. The Indiana University Code of Student Rights, Responsibilities, and Conduct prohibits academic misconduct in Part II, Section B. The Student Disciplinary Procedures for Academic Misconduct Involving the Indiana University Indianapolis Campus are the procedures used to resolve allegations of academic misconduct. The procedures are available through the student’s school, the Office of Academic Affairs, and online.
2. Prior violations of academic or personal misconduct may be considered aggravating circumstances when sanctions are determined for a new case of either academic or personal misconduct.

1. Initiation of a Referral: All reports of alleged acts of personal misconduct whether they occurred on or off campus will be referred to the Associate Dean of Students or their designee. 
   
   Any person may make a report that a student has committed an act of personal misconduct. The report must be submitted in writing to the Office of the Dean of Students. The Associate Dean of Students may designate representatives to conduct fact-finding investigations, to serve as hearing officers, and to recommend disciplinary action. After reviewing a report, the Associate Dean of Students or designee has the discretion to decide whether disciplinary proceedings should be instituted.
2. Investigation: The Community Standards Officer may conduct an investigation to determine whether the alleged violations of personal misconduct have merit and/or warrant further investigation or adjudication. Upon completion of the investigation, the Community Standards Officer will determine the appropriate course of action, which may include, but is not limited to:
   1. Taking no further action on the referral, including deferring the investigation if it is reasonably anticipated that additional relevant information may become available at a later time.
   2. Providing the respondent with written notice of the alleged violations, along with the Procedures for the Adjudication of Allegations of Personal Misconduct and the Code of Student Rights, Responsibilities, & Conduct.
   3. The adjudication process is not the only method to resolve student behavior issues. Alternative resolutions to the campus adjudication process may also exist as resources allow and conditions are appropriate. The Associate Dean of Students or designee shall decide when alternative resolutions may be appropriate. Participation in an alternative resolution is voluntary for all required participants. The University or any participant may discontinue the alternative resolution process at any time before a final written agreement is reached. If an alternative resolution is successfully completed, the matter will ordinarily be considered resolved. Failure to comply with the terms of an alternative resolution agreement may result in the case being resolved through the adjudication process. The existence of previous alternative resolution(s) may be considered during any subsequent campus adjudication.
      
      Any alternative resolution shall ensure:
      1. That the offending behavior(s) must cease and not be repeated;
      2. The outcome(s) of any alternative resolution must align with the university’s sense of academic excellence and personal development.
      3. That alternative resolution(s) should not constitute subsequent violations of the Code of Student Rights, Responsibilities, and Conduct and/or Indianapolis procedures.
3. Initial Meeting: An initial meeting is a meeting between a Respondent and a Community Standards Officer. The initial meeting will, at a minimum, include the following:
   1. Explain initial meeting process;
   2. Explain student rights and responsibilities;
   3. Provide the student with an opportunity to review report(s);
   4. Explain the fact-finding phase of the adjudication process;
   5. Opportunity to provide a response to Community Standards Officer regarding the allegations made against the student;
   6. Explain the sanctioning phase of the adjudication process; and
   7. Explain confidentiality policy, record keeping, hearing commission process, and other applicable information.
4. Failure to Attend Initial Meeting: If a Respondent fails to appear at their initial meeting, the Respondent may explain the failure to appear in writing to the Office of Dean of Students within five (5) business days of the scheduled initial meeting. Written documentation supporting the reason for the absence must be included. Within five (5) business days after receiving the student's written explanation, the Office of the Dean of Students will notify the student whether the initial meeting may be rescheduled. 
   
   If a Respondent fails to appear and the absence is not excused for good cause, the Community Standards Officer may decide, in the student’s absence, whether the violation occurred as alleged. The student will be notified in writing of the decision by the Office of the Dean of Students within five (5) business days of approval. Unless the sanction imposed is any one or a combination of explusion from university housing, suspension from the university, or explusion from the university, the student’s right to any further meeting(s) automatically will be forfeited, and the sanctions imposed in absentia will go into effect.
5. Role of the University: The Indiana University Police Department or other appropriate law enforcement agency will have the primary responsibility to investigate acts of misconduct, which are subject to federal, state, and/or local laws. The Community Standards Officer and other designated University officials are authorized to investigate alleged acts of personal misconduct, independent and/or in collaboration with the police department and other appropriate officials.
6. Role of the Respondent: Through the course of the investigation, the Respondent will be sent notice of the alleged violation and is required to attend an initial meeting with the Community Standards Officer. The notice shall include, at a minimum, the following information:
   1. The section(s) of the Code of Student Rights, Responsibilities, and Conduct claimed to have been violated;
   2. Specific information about the behaviors that allegedly caused the violation(s) including date(s) of the incident(s) and names of any witnesses;
   3. The student conduct process applicable to the investigation and resources for assistance in preparing for the proceedings.
7. Role of Other Participants: Any other party believed to have information relevant to the investigation may be requested to meet with the Community Standards Officer.
8. Role of an Advisor: A Respondent, or any other student requested to participate in the disciplinary process, may select at their sole expense an advisor of their choosing to accompany them at any point in the disciplinary process, with the exception of any person who may also have had involvement in the matter referred to the Community Standards Officer.  The role of the advisor is limited to a supportive role and will not be interpreted as that of a representative of the student. The student is responsible for making necessary arrangements to have their advisor present. The advisor may not participate in the disciplinary process, unless an allowance is approved by the Community Standards Officer or Hearing Commission Chair.

1. Adjudication: Respondents who receive written notice of charges for allegations of personal misconduct have the right to a formal hearing on the matter. However, in cases when the Respondent wishes to accept responsibility for all charges in a case, the student may waive the right to a formal hearing and all related procedural guarantees and receive a sanction from the Community Standards Officer by whom charges were brought. In such situations, the student also waives the right to appeal a finding or sanction except on the grounds that the sanction imposed is grossly disproportionate to the violation(s) committed, in light of all relevant aggravating and mitigating factors, and in consideration of applicable University guidelines.
2. Adjudication - Requesting a Formal Hearing: Respondents who wish to dispute responsibility for charges brought by the Community Standards Officer may choose to have their case resolved in a formal hearing. Students who are charged with a Tier I offense will have their case resolved by a single administrative hearing officer. Students who are charged with a Tier II offense must have their charges resolved in a hearing before the hearing commission only.
3. Formal Hearing Procedures: A formal hearing provides an administrative hearing officer or hearing commission the opportunity to consider charges brought against an Respondent; the opportunity to hear testimony provided by the Respondent, the conduct officer, reporting party, and witnesses; the opportunity to review facts gathered in the investigation; and the opportunity to consider new material made available at the hearing. The administrative hearing officer or hearing commission may also consider information relevant to aggravating and mitigating circumstances necessary to administer a sanction if the Respondent is found responsible for one or more charges.
4. Notice of Hearing: A Respondent will receive notice of a formal hearing no less than ten (10) calendar days from the date of the scheduled hearing, unless the Respondent submits, in writing, a reasonable request to waive the ten-day notice and schedule the hearing earlier, if practicable. The notice will include the date, time, and location of the hearing as well as information on the hearing process.
5. Attendance: Attendance and participation at the formal hearing by the Respondent is required, unless the student accepts their charges in accordance with section A above. The University will make reasonable efforts to request witnesses and other parties to attend the hearing. Should an Respondent fail to attend the hearing, absent extraordinary circumstances, the administrative hearing officer or hearing commission will not delay the proceedings. Rather, the administrative hearing officer or hearing commission will render a decision based on the information available. A student will, in no way, be assumed responsible for a charge solely on the basis of their failure to appear or to offer information at the hearing.
6. Procedures for a Prompt Review: In circumstances where a Respondent is nearing graduation or the end of a term, a Respondent may be offered a prompt review of the case, thereby waiving the ten-day notice of hearing requirement. The Community Standards Officer may place an administrative hold on the student’s account until the disciplinary matter has been resolved. A Respondent may refuse a proposal for prompt review.
7. Record of the proceedings: A record of the proceedings, whether written, audio or video recorded or any combination of these formats will be made of the hearing and retained by the University consistent with is standard record-keeping practices.
8. Witness Participation: An Respondent and the Community Standards Officer may each call witnesses to provide information during the hearing. Respondents must notify the Office of the Dean of Students of their intended witnesses at least five (5) calendar days before the scheduled hearing to ensure they are included in the hearing notice. Witnesses are expected to present relevant and factual information.
9. Deliberations and Notice of Outcome: The administrative hearing officer or hearing commission will deliberate in a closed session after the completion of the formal hearing. Only members of the hearing commission and individuals permitted by the chair to remain for reasonable cause will be present during the deliberations. The Hearing Coordinator will be invited to deliberations by the chair to answer questions. Deliberations are not recorded. A decision of the hearing commission will be reached by majority vote. Once a decision has been reached by the administrative hearing officer or hearing commission, the Office of the Dean of Students will provide the notice of outcome to the Respondent.

1. Appointment Process: Members of the hearing commission are appointed to serve per the appointment process described below. Appointing bodies must appoint a certain number of members to the hearing commission.
   1. The Indiana University Indianapolis Faculty Council will appoint faculty representatives to the hearing commission. A minimum of seven faculty members is recommended.
   2. The Indiana University Indianapolis Undergraduate Student Government and Indiana University Indianapolis Graduate Professional Student Government will each appoint student representatives to the hearing commission. A minimum of four student members is recommended from each body.
   3. The Dean of Students will appoint at least twelve at-large members, including staff, faculty, and students, to the hearing commission. Additionally, five at-large members will be designated as administrative hearing officers for Tier I offenses.
   4. A chair of a meeting of the hearing commission will be selected by the Dean of Students or their designee and hold faculty or staff status.
2. Hearing commission will consist of at least one faculty representative, one staff representative, and one student representative to make up the panel of three.
3. Removal Process: Members of the hearing commission are expected to remain in good standing with all federal, state, and local laws as well as all University policies and standards. Members of the hearing commission are expected to participate in all training and development deemed necessary by the University. Members of the hearing commission must conduct themselves in a professional manner at all times. Members of the commission who fail to meet the requirements of their appointment may be removed per the policy of their representative governing bodies or at the recommendation of the Associate Dean of Students to the Dean of Students. 

The following sanctions may be imposed upon any student found to have violated the Indiana University Code of Student Rights, Responsibilities, and Conduct:

1. Formal Warning: A warning is a written notification resulting from violations of the Indiana University Code of Student Rights, Responsibilities, and Conduct.
2. Probation: Students placed on probation are further warned that any violation of the conditions of the probation or any further acts of personal misconduct may result in additional disciplinary action, including suspension or expulsion from the University. Students placed on probation may be restricted from other University activities.
3. Suspension: Students suspended from the University are separated from Indiana University Indianapolis and all Indiana University campuses for a specified period of time, over which time their enrollment is suspended. Conditions for readmission may be specified.
4. Expulsion: Students dismissed from the University are permanently separated from Indiana University Indianapolis and all Indiana University campuses with full termination of the student’s enrollment.
5. Conditions of Suspension and Expulsion: As of the date a student is suspended/expelled, all privileges afforded to a student will be revoked. The conduct officer may determine that the student must be required to vacate the University premises at a specified time. The suspended or expelled student may not re-enter campus, for any purpose, in the absence of express written permission of the Dean of Students or their designee. The Community Standards Officer may notify other members of the University as needed of the student’s separation.
6. Transcript Notation: The Community Standards Officer is required to notify the Office of the Registrar to indicate a suspension or expulsion has been issued. A notation of the separation will appear on the student’s academic transcript, including a notation of withdrawal (W) for all enrolled courses. When the term of suspension has ended, the Registrar will remove the notation from the student’s transcript. Expulsion notations on transcripts are permanent. A record of suspension or expulsion will also remain a permanent part of the student’s disciplinary record.
7. Additional Disciplinary Outcomes: The Community Standards Officer is authorized to impose additional sanctions, which may include, but are not limited to, attendance at educational experiences, restitution, orders of no contact and/or no trespass, residence hall assignment relocation or contract termination, or other restrictions.
8. Sanction Guidelines: The Office of the Dean of Students will periodically publish a guidance document on the administration of sanctions for Community Standards Officers.

1. Submitting an Appeal: A sanction issued by a Community Standards Officer, with the restrictions on such appeal as specified in VII.A, or the decision of the administrative hearing officer or hearing commission may be appealed by the Respondent to the appropriate appeals officer, or their designee. Such appeals shall be received in writing by the Dean of Students or designee no later than five (5) business days from the date the notice of outcome was sent to the student. The appeal must clearly state the specific grounds for appeal (see C. below) and must include all supporting documentation. A student is limited to one opportunity to appeal.
2. Designated Appeals Officers:Appeals related to alleged personal misconduct will be received by the Dean of Students or designee. The Dean of Students will review the case materials as well as the student’s written appeal. The written appeal is not a re-hearing nor is it an in-person appeal, but rather a review of the case material and the student’s written appeal and supporting documentation.
3. Grounds for Appeal: An appeal will be considered if submitted on one or more of the following grounds:
   1. The discovery of new and substantial information, which was unavailable at the time the Community Standards Officer imposed a sanction or at the time of the formal hearing, and is now available and, if had been available, reasonably would have affected the outcome of the student’s case.
   2. A significant procedural error occurred which that reasonably would have affected the outcome of the student’s case.
   3. The sanction imposed is grossly disproportionate to the violation(s) committed, in light of all relevant aggravating and mitigating factors, and in consideration of applicable University guidelines.
4. Possible Outcomes of Appeal: The Dean of Students or designee may reach one or more of the following outcomes after a review of the appeal and supporting documentation, including prior disciplinary history, if applicable:
   1. The Dean of Students will dismiss the appeal if the appeal is not clearly based upon one or more of the grounds set forth above.
   2. The original decision and/or sanction(s) reached by the Community Standards Officer, administrative hearing officer or hearing commission is upheld.
   3. The original case, individual charge, and/or sanction(s), or any portion of the three, may be dismissed or vacated.
   4. The original sanction(s) may be modified.
   5. The case may be remanded back to the original Community Standards Officer, administrative hearing officer or hearing commission for consideration or rehearing. If practicable, a new conduct officer, administrative hearing officer or hearing commission will be sought to administer the rehearing. A case, which is reheard, may result in dismissal, modification of the finding, or a finding and/or sanction of greater or lesser severity than the original outcome.
   6. The outcome provided by the Dean of Students is final.

1. The procedures which will be used to adjudicate matters of sexual misconduct can be found under the Indiana University Sexual Misconduct Policy (UA-O3). These procedures can be found online. Questions about the Sexual Misconduct Policy can be referred to the Indiana University Chief Student Welfare and Title IX officer and their Deputies and designees.

1. A student and Community Standards Officer may agree in advance to minor deviations from procedure, which will be documented in writing. Such deviations are not then subject to appeal.

1. When the Dean of Students and/or their designee have reasonable cause to believe that a student's presence poses a significant risk of substantial harm to the safety or security of others or to property, the student may be immediately suspended from any and all portions of University premises, University-related activities or registered student organization activities. Notice of this measure will be provided to the student in writing as soon as practicable. The interim suspension will remain in effect until the conclusion of the disciplinary process or upon modification by the Dean of Students and/or their designee.
2. Upon the issuance of a notice of interim suspension, the Associate Dean of Students or their designated Community Standards Officer will initiate the disciplinary process without undue delay.
3. The student may, within three (3) business days of the imposition of the interim suspension, petition the Dean of Students and/or their designee to have the interim suspension modified or removed. The petition must be made in writing by the student, and must include supporting documentation which would demonstrate that the student does not pose, or no longer poses, a significant risk of substantial harm to the safety or security to others or to property. The Dean of Students and/or their designee will render a decision without undue delay.

1. Student organizations are expected to maintain appropriate standards of conduct that are commensurate with those expected of individual students in the University community. All student organizations will be held responsible by the University for abiding by federal, state, and local laws, as well as all University policies.
2. Student organizations are collectively responsible for any actions committed by members that serve to reflect upon the organization as a whole or upon the University community. Disciplinary action against organizations is separate from disciplinary action taken against individuals. Proper adjudication of an incident may necessitate actions against both an organization and its individual members.
3. Any organization with restrictive membership clauses which discriminates on the basis of race, color, religion, national origin, sex (except as exempted by Federal Regulations), sexual orientation, marital status, age, disability, or veteran status will not obtain or maintain University registration or recognition.
4. Student organizations may not engage in hazing activities.
5. When a student organization, including social Greek organizations, is charged with a violation of the Indiana University Code of Student Rights, Responsibilities, and Conduct, the case is referred to the Office of the Dean of Students and disciplinary actions will be pursued as outlined in the student organization conduct process.
6. Student organizations in violation of the Indiana University Code of Student Rights, Responsibilities, and Conduct will be subjected to sanctions, including, but not limited to, termination of University registration, restriction or suspension of the use of University facilities or services, suspension of the privilege to sponsor events or recruit new members, the loss of University funds, and restitution of damage(s).

1. Questions of interpretation of these procedures will be referred to the Dean of Students or their designee for final determination. These procedures will be reviewed every five (5) calendar years or at the request of the Dean of Students under the direction of the Associate Dean of Students or their designee.