VII. Process for Choosing a Particular Resolution Process

In all cases the Chair, after reviewing the complaint and any other documentation the Chair deems appropriate, determines whether the complaint is within the jurisdiction of the COD and then the method of resolution for the complaint. The Chair may consult appropriate individuals in making the determination. The determination by the Chair on the method of resolution is final and not appealable.

In general, the COD will proceed with its process without waiting for the resolution of criminal, civil, or other legal actions arising from the same set of facts that caused a COD complaint.  In very rare circumstances, the Chair may defer the COD resolution until any criminal charges or other external matters have been resolved with the exception of complaints of sexual misconduct, intimate partner violence, or stalking, which will only be deferred, if at all, for a short period of time as necessary not to interfere with a criminal investigation. (See also Section XIII (B)).

Methods of resolution:

A. Administrative Resolution: An administrative resolution of a complaint is determined by the Chair and the OSC.  The Chair and OSC may also consult a student member of the COD. Neither the complainant nor the respondent will meet with the COD.  The Chair will determine whether a violation of policy occurred as alleged in the complaint.  If the Chair determines that a violation did occur, the Chair may assign sanctions.  All sanctions other than probation with transcript notation, suspension, expulsion, and degree revocation for individual students and suspension of recognition, revocation of recognition, and loss of residence for student organizations may be assigned in an administrative resolution.  There is no appeal to decisions reached in administrative resolution.

B. COD Hearing

i. Complaints that may lead to probation with a transcript notation, suspension, expulsion, revocation of degree, revocation of student organization recognition, or loss of approval for a student organization residence may only be resolved in a COD hearing or via a COD sanctioning panel. These panels may also assign appropriate educational sanctions.

ii. All hearings will be chaired by the COD Chair or Associate Chair.

iii. See Section XIV for specific rules and procedures regarding hearings involving complaints of sexual misconduct, intimate partner violence, and stalking.

C. COD Sanctioning Panel

i. If the respondent accepts responsibility for all alleged violations, the COD Chair may convene a sanctioning panel, which may assign any sanctions available.

ii. A sanctioning panel consists of four members: a student, a Dean's Representative, a faculty member and either the Chair or Associate Chair.

iii. See Section XV for specific rules and procedures regarding sanctioning panels involving sexual misconduct, intimate partner violence, and stalking.

 

 

 

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