Lower Level and Higher Level Case Referrals
Lower Level Case Referrals
Most times, cases do not rise to the level of a student potentially being put on probation and/or dismissed from the University. We call those lower-level cases.
At the discretion of OCS Staff, lower level cases may be referred to either the Initial Meeting or a Peer Conduct Board: Restorative Practice Meeting
Before the Peer Conduct Board: Restorative Practice Meeting, the student will still have a Preliminary Meeting with a Meeting Officer to go over the report and talk about why the case is being referred to this options. To review what an Initial Meeting or Preliminary Meeting is, click here: Initial and Preliminary Meetings
Students who violate university policy may be required to go through a restorative practice meeting where they will engage with their peers on the violation and its impacts on themselves and the community. The Peer Conduct Board are a group of students trained to facilitate dialogues using the therapeutic approach. Which includes all students being prompted to share the impact of the incident on themselves and their community. Learn more about Restorative Practices here. They will be guided by a professional staff whose primary responsibility is to answer complex questions during the meeting.
The Peer Conduct Board (PCB) comprises three-four students with a non-voting adviser (Mostly a professional staff or Community Standard specialist) who has been trained to facilitate dialogues. Like the Initial meeting, during the PCB, the report will be reviewed, the student will be able to present their version of what happened, and the PCB will be able to ask the accused questions. At the end of the Board Meeting, there must be a majority vote from the board after the board to hold the student accountable. If the student is found responsible, the Board will impose appropriate sanction(s). This decision will be emailed to the student. Students may appeal the decision- for further information please see the Conduct Review Process page.
The Peer Conduct Board will usually hear cases that involve violations that impact the larger community in which students live. These violations include but are not limited to quiet hours, roommate conflicts, disorderly gatherings, alcohol violations, and visitation.
Higher Level Case Referrals
Cases where a student could potentially being put on probation and/or dismissed from the University as a result of being found responsible for the alleged violations are called higher level cases. At the discretion of OCS Staff, higher level cases may be referred one of three types of University Conduct Board: Administrative Hearing, Full Board Hearing, or a Modified Board. During these processes, a recording of the proceedings may be made. For more information on conduct retention records, see our page.
Before any of these options, the student will still have a Preliminary Meeting with a Meeting Officer to go over the report and talk about why the case is being referred to any of these options. To review what a Preliminary Meeting is, click here: Initial and Preliminary Meetings
Due to confidentiality, OCS will not share any incident report physically or electronically with any student. However, all students have the right to read the incident report before their meeting. Please email Office Community Standards at community-standards@clarku.edu to schedule a time to come read your report.
Here is more information on the three types of University Conduct Boards.
The Administrative Hearing is comprised of 2 members which can be faculty or staff. The Hearing officers will determine if sufficient information is available to find the student responsible for the violation(s) regardless of the denial. If so, the Hearing officers will decide and impose appropriate sanction(s). Under this circumstance, the student will have the opportunity to appeal the decision to the Dean or their designee via the Conduct Review Process. To learn more, visit the Conduct Review Process (also known as Appeals) page.
The Full Board Hearing is comprised of between 4-6 members which can be faculty, staff, or students (note: the Preliminary Meeting Officer is not precluded from serving on the UCB).
UCB Procedures
- Both the complainant and the respondent will have a preliminary meeting with the preliminary meeting officer, usually the UCB Chair. During this meeting, the Chair will review the Board procedure, and both parties will have the opportunity to read the written complaint. In the UCB cases, the respondent does have the option to accept responsibility and to have sanctions imposed by the preliminary meeting officer.
- Both parties will have access to review the entire case file before the hearing. OCS reserves the right to redact portions of the case file if it is deemed necessary in the interest of health and safety or where private information is in the file (i.e. personal medical records). The UCB Chair will schedule a time in advance, and the students will be notified during the prehearing of their scheduled time.
- Both the complainant and the respondent may request the assistance of an adviser, an individual of the student’s choosing from within the Clark community. If the adviser attends the hearing, their name must be shared with the Chair at least 24 hours before the hearing. During the hearing, the adviser’s role will be limited to consultation with the advisee.
- During the hearing, only the complainant, the respondent, Board members, approved witnesses, and the advisers will be present. Witnesses shall only be present when sharing information with the Board, except at the discretion of the UCB Chair. Once witnesses have presented their information to the Board, they must leave the vicinity of the hearing.
- The UCB may require the cooperation of any member of the Clark community in providing information during the hearing. However, no member of the University staff with whom the respondent has a legally cognizable privileged/confidential relationship can be required to give information arising from that role without the permission of the respondent.
- During a hearing, the Board will allow the complainant and the respondent to share information and to ask questions of each other directly or through the UCB Chair, at the discretion of the Chair. The complainant and the respondent may also ask witnesses questions, directly or through the Chair, at the Chair’s discretion. Names of witnesses being requested by either party must be shared with the Chair at least 72 business hours in and before the hearing.
- All witnesses must provide the Chair with their written statements 48 business hours before the hearing. The Chair will call witnesses to the hearing at their discretion.
- The UCB Chair may remove any individual who impedes the conduct process. The Chair will act to promote a civil and respectful proceeding.
- At any point in time, either the respondent, complainant, or members of the Board may request a short recess. The UCB Chair will determine whether to grant that request and for how long. If a leave is granted, the hearing will begin at the announced time without delay.
- Following the completion of the board, the Board members shall decide by majority vote whether the respondent was responsible for the violations(s) of the Code of Student Conduct. If the decision is affirmative, the Board members will, by a separate vote, determine the sanction if one is deemed appropriate.
- If, in the course of a board, information indicating a possible violation of another provision of the Code of Student Conduct, the University reserves the right to pursue that in a separate hearing process.
- After the conduct proceeding, the UCB Chair shall share the final decision with the respondent, delivered by email to the respondent’s Clark email account.
- The UCB Chair will notify the complainant of the decision and any portion of a sanction that limits contact between the complainant and the respondent
- Under this circumstance, the student will have the opportunity to appeal the decision to the Dean or their designee via the Conduct Review Process. To learn more, visit the Conduct Review Process (also known as Appeals) page.
A Modified Board uses the same procedures as the UCB except has a smaller board making the final determination. The Modified Board is comprised 2 members which can be faculty, staff, or students. All other procedures of the UCB are used when conducting a modified board.