Student and Organization Conduct Process

Philosophy of Student Conduct

Embry-Riddle's policies and rules related to how it handles student conduct matters are established to protect the health, safety and well-being of the campus community and its members. All students and Recognized Student Organizations (RSOs) are responsible for knowing and adhering to all published university and campus policies, procedures and expected standards of conduct.

Each student who enters the university is respected as an adult and is therefore expected to demonstrate a high level of responsibility and maturity. Personal honesty, integrity and ethical behaviors are fundamental elements of responsible citizenship and are basic to the character required for a successful academic experience and a productive career after college. All ERAU students are expected to exhibit positive character and good citizenship in their daily activities and interactions both on and off campus. When conflicts or concerns arise, it is expected that students will be open and receptive to understanding and taking responsibility for their actions, including the impact of their actions on others and the community.

When possible, the university will try to engage the student in an educational conversation about their behaviors, their choices and the impact of those behaviors on others and the campus community. The goal will be for the student to learn from the experience so it does not occur again and they can be successful in the future. In cases in which students demonstrate behaviors that are serious, and/or seriously disruptive to the health and well-being of the campus community and/or the learning environment for other students, the university may have to take the action of separating the student or organization from the campus environment.

Definition of a Student

An individual is considered a “student,” including for student conduct purposes, upon engaging in their first university-sponsored activity and will remain a student until they break their continued student status as defined in the Catalog. Students who withdraw from the university by completing and submitting a university withdrawal form no longer meet the definition of “student.” A student who completes a stop-out form or who fails to withdraw from the university will still be considered a student for up to two years from the last enrollment date.

A Recognized Student Organization (RSO) is a group of students who register with and are approved by the Department of Student Engagement to operate as an RSO within the university.

Jurisdiction

In general, the Standards of Conduct for students and Recognized Student Organizations (RSOs) apply to activities and events that occur on campus or at university-sponsored activities or events. However, since off-campus behaviors by students may also affect the health, safety or well-being of the campus and/or other members of the campus community, the university reserves the right to pursue any allegation of a violation of the Standards of Conduct or other university policies for incidents and events occurring both on- and off-campus.

Disciplinary Action During Legal Proceedings

If additional criminal or civil actions are pending or in progress, the university reserves the right to pursue separate disciplinary action while concurrent legal action may be pending or proceeding.

Student Rights & Fair Hearing Principles

Students have rights as well as responsibilities as citizens of our campus community. The overall goal of our university student conduct process is to render fair, impartial and appropriate decisions when students are alleged to have violated the Standards of Conduct and/or other university policy(ies). Throughout our proceedings, we adhere to the overall concept of fundamental fairness.

University student conduct proceedings are administrative rather than criminal proceedings. As such, this process does not apply the rules of evidence, criminal procedures or other standards typically associated with the legal system. Students are not judged “guilty” or “not guilty” in a university conduct proceeding; rather, they are found “responsible” or “not responsible” for violating a policy. Student conduct proceedings are handled with the intent to educate students about their behaviors and the impacts of those behaviors on the community and to hold them appropriately accountable when needed.

Students have the following rights throughout the conduct proceeding:

• To have a meeting, sometimes known as a “hearing” with a Conduct Officer designated by the university to hear the case.
• To be heard and to provide a response.
• To be considered “not responsible” for any violation(s) until responsibility is established.
• To receive notice of an initial conduct meeting with the Conduct Officer. This notice will include a brief summary of the alleged incident, the specific Standard(s) of Conduct that were allegedly violated, and a time and place when the meeting will be held.
• To understand the specific Standard(s) of Conduct that have allegedly been violated.
• To be informed of the evidence available to the university.
• To select an advisor of their choosing to accompany them throughout the conduct proceeding. The advisor may be a friend, mentor, family member, attorney or any other supporter.
• To be informed of the outcome of the proceeding, including whether the student has been found “not responsible” or “responsible” for any policy violations, and if found responsible, the sanction(s) that are issued.
• To receive reasonable accommodation when requested. All decisions about reasonable accommodation are made by the Conduct Officer and are at the discretion of the university.
• To request an appeal of the findings of “responsible” or “not responsible” and/or the sanction(s) issued.

Student Conduct Procedures — For Individual Students 

Evidentiary Standard

The evidentiary standard used for student conduct cases is the “preponderance of the evidence” standard, which means it is “more likely than not” that a policy violation occurred.

Conduct Officers

Conduct Officers are university administrators who are designated with the authority, by the Dean of Students Office, to hear and adjudicate student conduct cases.

Initial Meeting

The Conduct Officer will meet with the student to:

• Provide a summary of the alleged incident.
• Review the specific Standard(s) of Conduct the student is alleged to have violated.
• Discuss the incident with the student.
• Provide the student an opportunity to respond, including an opportunity to provide any information that the student wishes to be considered.

At the conclusion of the initial meeting, the Conduct Officer may elect to (a) pause the proceeding in order to conduct further investigation, or (b) proceed with making a finding of “responsible” or “not responsible” and determining appropriate sanction(s) accordingly (see next section, “Sanctions”).  

Investigation

If there is a need for further investigation beyond the initial meeting, the Conduct Officer may, at their discretion and at any point, gather any additional evidence that may be helpful. This may include physical evidence, including documents, photos, digital communications, card swipe data, etc., and it may also include further witness testimony from other involved parties. The Conduct Officer may also choose to contact the student again at any time throughout the proceeding for further information or clarification.

The university may elect to add additional charges later during the conduct process with notification to the student based on new discovery during the investigation or hearing process.

The Conduct Officer, in consultation with the Dean of Students Office, has the authority to dismiss charges in a student conduct case after further investigation and if warranted.

Finding(s)

After the Conduct Officer has completed an initial meeting with the student, and/or any additional investigation, they will make a decision about whether the student is “responsible” or “not responsible” for violating each Standard of Conduct as charged.

Failure to Respond or Participate

If a student chooses to not respond at any time throughout a student conduct proceeding, the university may continue with the case. The student will have the opportunity to rejoin at any time as the case progresses, but if the student chooses to not appear, the university will consider the information available, proceed at every step and make final decisions accordingly. The student will be provided notice of those final decisions.

Right of the University to Proceed After Withdrawal

The university reserves the right to pursue disciplinary action in a student conduct matter if a student violates a policy and withdraws from the university before conduct action is able to be taken.

Break Periods

If an incident occurs during a break period or at any other time that presents unusual circumstances, such as a Conduct Officer not being available, the university reserves the right to proceed by appointing an administrator to hear the case.

Sanctions

If a student is found in violation of the Standards of Conduct and university policy through a student conduct proceeding, the university may issue one or more of the following sanctions.

In considering the appropriateness of the sanction(s), the Conduct Officer may consider prior offense(s), severity of the offense, impact on others or the campus community, mitigating circumstances, and/or aggravating circumstances. Repeated or aggravated violation(s) of the Standards of Conduct or any university policy may result in more severe sanctions than any individual violation might warrant, including immediate suspension or dismissal.

Failure to complete sanctions as assigned may result in additional conduct charges, account holds and/or other restrictions or outcomes.

Disciplinary sanctions for students found in violation of one or more of the Standards of Conduct may include:

Warning

The student is warned that their behavior was in violation of university policy and that further misconduct may result in more severe disciplinary sanctions.

Probation

The student may continue attendance at the university but is subject to restrictions and/or conditions imposed by the university for a period of time. It is expected that the student not engage in any further violations of university policy during the probationary period; if further violations should occur, the student may be subject to more severe disciplinary sanctions including suspension or dismissal.

Students on probation are not considered to be in good standing with the university.

Suspension

The student is separated from the university for a specified period of time. During the period of suspension, the student may also be excluded from university-owned or university-controlled property or events. Notice of these restrictions during suspension will be provided to the student in the suspension letter.

Dismissal

The student is permanently separated from the university. The student may also be excluded from university-owned or university-controlled property or events. Notice of these restrictions will be provided in the dismissal letter.

Additional sanctions may include but are not limited to:

Loss or Restriction of Privileges

The loss or restriction of specific privileges or university resources for a period of time. This may include but is not limited to the use of university resources, the ability to access or use certain university spaces or buildings, or participation in university-sponsored activities or events.

Restitution

Monetary compensation for loss, damage or injury.

No Trespass

The university may restrict an individual from entering specific areas of the campus or buildings on university-owned, operated, managed property and/or university-sponsored events. Please refer to the full policy under Resources and Reference Information.

No Contact Order

The university may restrict an individual from forms of contact or interaction with another person or group of people. (Note: No Contact Orders may be issued by Campus Safety or Title IX in situations that are not related to a student conduct proceeding through the Dean of Students Office and may not be part of a sanction.)

Parental Notification

The university may, at its discretion, notify parents or guardians/sponsors regarding students found in violation of university alcohol and drug policies. This notification may occur without the student's consent. In circumstances not involving violations of drug or alcohol policies, the university may, at its discretion, contact parents or guardians/sponsors it if believes doing so is in the best interest of the student or the university. 

Educational Sanctions

Educational sanctions may include but are not limited to:

• Work assignments
• Service to the university or the community
• Educational projects
• Workshops
• Research reports and/or reflection papers
• Mediation (provided all parties agree)
• Training or learning modules (fees may apply)
• Meetings with university officials or other designated authorities

Administrative Interim Measures

Students who are being investigated for possible violations of the Standards of Conduct or university policy may be issued an intermediate action until the conduct process is complete. Examples of interim measures may include but are not limited to interim suspension, restriction on participation in university sponsored activities, loss or restriction of privileges, modifications to class schedules, trespass from particular locations on campus, and no contact orders.

Interim Suspension

Temporary involuntary separation from the university while a student’s actions and/or behaviors are under review.

Interim suspension may be applied if there is a threat or potential threat to the health or safety of the campus community, or if there is disruption or threat of disruption to the campus community and/or normal university processes and activities. Students who are under interim suspension are generally not permitted on campus and are subject to all terms and conditions applied. Students who live in the residence halls and are issued interim suspension must follow all instructions for temporarily vacating their residence hall room.

Additional sanctions that may be issued to residence hall students:

Residence Hall Transfer

Involuntary transfer of a residence hall student to another residence hall room, housing unit or residence hall.

Deferred Eviction From the Residence Halls

Notice that any additional policy violation(s) may result in immediate eviction from the residence halls.

Unless specified otherwise, a Deferred Eviction will remain in effect for one calendar year from the date it is issued. Note that students who are evicted from the residence halls due to conduct concerns are still financially responsible for the remainder of their housing contract.

Eviction From the Residence Halls

Immediate removal from the residence halls.

Students who are evicted from the residence halls are financially responsible for the remainder of their housing contract. Unless specified otherwise, students who are evicted from the residence halls may not live in the residence halls for one calendar. If a student wishes to request to live on campus after that one-year period, they must apply in writing to the Director of Housing and Residence Life. The Director will evaluate the request and issue a decision within five business days.

The final decisions and outcomes of any student conduct matter, including disciplinary sanctions for student conduct violations, become part of the student’s overall educational record with the university. Student conduct records are managed by the Dean of Students Office.

Additional Possible Outcome — Educational Advisement

In lieu of formal charges, a Conduct Officer may elect to assign the outcome of “Educational Advisement.” This means that the student has successfully completed a meeting or other approved communication with the Conduct Officer or designated university official to:

• Discuss how the student’s minor policy infraction(s) have impacted the student and/or the campus community
• Ensure that the student clearly understands the policy and rules for the future.

The outcome of Educational Advisement is considered a proactive, administrative courtesy and is therefore not entered into the student’s official conduct record nor is it eligible for appeal.

Appeals Process — For Individual Students 

Students may request to appeal the findings in a student case (“responsible” or “not responsible”) and/or the sanction(s) assigned.

In all cases, “business days” are defined as Mondays through Fridays, excluding university holidays.

Decisions and Sanctions Stay in Place Pending the Final Outcome of the Appeals Process

All decisions and sanctions made by the original Conduct Officer will remain in place during the appeals process and until all appeal procedures have concluded and final deadlines have passed, unless otherwise specified by the Dean of Students or their designee.

Grounds for Appeal

Students may appeal their case based on any of the following grounds: 

• A sanction that is disproportionate to the violation(s).
• A deviation from written procedures.
• A demonstrable bias in the conduct proceeding.
• New information, unavailable at the time, that could impact the original findings(s) and/or sanction(s).

In general, appeals are deferential to the original hearing decision and are not intended as a rehearing of the entire case.

Request for Appeal Process

The purpose of this stage of the process is to evaluate the student’s rationale and grounds for their appeal and determine whether the student will be granted an opportunity for a hearing.

Detailed instructions about how to schedule a Pre-Appeal Meeting (below) and submit an Appeal Request Form (below) will be included in the final decision letter in the case sent to the student by the Conduct Officer.

Pre-Appeal Meeting

If a student is considering an appeal, the student must email the Dean of Students office (prdos@erau.edu) to inform them of their desire to appeal. The student must send this email to the ADOS within two business days of receipt of the Conduct Officer’s decision letter. This email does not need to be lengthy in content; it simply serves to notify the ADOS that the student is interested in appealing.

Upon receipt of this email, the Dean of Students Office will arrange for the student to meet with another university official who serves as a Conduct Officer – different from the official who already heard the case – for a Pre-Appeal Meeting. The university will make every effort to schedule this meeting within two (2) business days of the student’s email requesting a pre-appeal meeting.

The goals and purposes of the Pre-Appeal Meeting are to:

• Inform and educate the student about the appeals process.
• Discuss with the student their rationale and grounds for appeal.
• Assist the student in thinking through the content they would like to include on their Request for Appeal Form, should they choose to submit it.

Important note: The university official in the Pre-Appeal Meeting serves as a neutral party. Their role is not to guide, direct, encourage, or discourage, in any way, the submission of an appeal request by a student. Rather, their role is to inform and educate the student about the appeals process so the student – on their own – has the knowledge needed to submit an informed and well-written appeal if they wish. All decisions about how to proceed are ultimately the sole responsibility of the student.

After the Pre-Appeal Meeting, the student may choose to end the process and not pursue an appeal, or the student may move to Step B.

Submit a Request for Appeal Form

If the student wishes to proceed with requesting an appeal, the student must fill out and submit a Request for Appeal Form within two business days of the date the Pre-Appeal Meeting was scheduled to take place. Detailed instructions for submitting a Request for Appeal Form will be provided to the student after the Pre-Appeal Meeting.

Appeals Review Panel

The Request for Appeal form will be considered by a panel of three members of the Student Government Association (SGA).

• Prior to the meeting of the Appeals Review Panel, the name of the appealing student will be given to the potential SGA panel members. If there are any conflicts of interest, a panelist will recuse themselves and a new panelist will be chosen.
• The Appeals Review Panel will meet in closed session for a paper review only; the appealing student does not appear before the panel.
• Attendees of the Appeals Review Panel meeting will include the three SGA panelists; the SGA Secretary, who is responsible for the SGA appeals process; and a representative of the Dean of Students Office to oversee process and procedures only. The only voting members are the three SGA panelists.
• The written documentation the Appeals Review Panel will consider will typically include the following:
• The Appeals Review Panel is charged with reviewing the available written documentation and determining whether there are adequate grounds for an appeal to move on, to be heard in a Student Conduct Appeals Board hearing.
• The appealing student will be notified in writing of the decision of the Appeals Review Panel:

During break periods or other times when a student panel may not be available, the Dean of Students Office reserves the right to appoint an administrator to review the appeal request and make a decision accordingly.

Student Conduct Appeals Board and Hearing Process

If a student is granted an appeal through the Request for Appeal process as outlined above, the appeal will be referred to the Student Conduct Appeals Board. The Student Conduct Appeals Board is charged with hearing the appeal and making a recommendation to the Dean of Students or their designee. At their discretion, the Appeals Board may make recommendations on findings (“responsible” or “not responsible”) and/or sanctions issued in the case.

Composition of the Student Conduct Appeals Board

The Student Conduct Appeals Board will be comprised of one student appointed by the Student Government Association (SGA), one faculty member, and one staff member or administrator. The Dean of Students Office is responsible for convening and managing the Student Conduct Appeals Board for a hearing on an appeal.

Hearing Attendees

Attendees at the hearing will include the appealing student and an advisor if desired, the original Conduct Officer for the case, the three Appeals Board Members, and a representative from the Dean of Students Office to oversee process and procedures only. The only voting members are the three Appeals Board members. Prior to the Appeals Board hearing, the name of the appealing student will be given to the potential board members. If there are any conflicts of interest, a member will recuse themselves and a new member will be chosen.

Elements of the Hearing

In general, Appeals Board hearings will include the following elements:

• Opening statements by the appealing student and the Conduct Officer
• Opportunities for each side to present witnesses and/or additional information
• Questions from the Appeals Board for either party
• Closing statements

At the conclusion of the hearing, the appealing student and the Conduct Officer will be excused and the Appeals Board members will remain for deliberations.

Recommendations of the Board to the Dean of Students and Final Decisions

The Appeals Board will deliberate and make written recommendations on finding(s) and/or sanction(s) to the Dean of Students or their designee. The Dean of Students has the authority to uphold, overturn, or modify any recommendations of the Appeals Board. The appealing student will be notified in writing of the final decisions of the Dean of Students or their designee. The determinations of the Dean of Students or their designee shall be the final decisions of the university.

Arrangements During Breaks and Other Times When a Hearing Board May Not Be Available

During breaks and other times when a hearing board may not available, the university reserves the right to appoint an administrator to review the appeal and make a recommendation to the Dean of Students or their designee.

If the student complaint cannot be resolved after exhausting the institution's procedures as outlined in this Student Handbook, the student may file a complaint with the Arizona State Board for Private Postsecondary Education:

Arizona State Board for Private Postsecondary Education 
1740 W. Adams, Suite 3008
Phoenix, AZ  85007

Telephone: 602-542-5709
Email: info@azppse.gov  
Website: https://ppse.az.gov/

Student Conduct Procedures — For Recognized Student Organizations (RSOs)

Definition of an “RSO”

A Recognized Student Organization or “RSO” is a group of students who register with and are approved by the Department of Student Engagement to operate as a recognized organization within the university. For conduct purposes, an RSO may be considered an RSO even if they are not recognized at the time of the incident due to suspension of the organization or failure to re-register.

RSO Conduct Philosophy

Embry-Riddle's policies and procedures are established to protect the health, safety and well-being of the campus community and its members. RSO members, leaders and advisor(s) are responsible for knowing and adhering to all published policies, rules and procedures, including those that apply to student organizations.

It is important to note that both the individuals and/or RSO involved in a suspected policy violation may go through the conduct process, independently of the other.

Each student who enters the university is respected as an adult and is therefore expected to demonstrate a high level of responsibility and maturity. Personal honesty, integrity, and ethical behaviors are fundamental elements of responsible citizenship and are basic to the character required for a productive career. All Embry-Riddle students are expected to exhibit positive character and integrity in their daily activities and interactions, both on and off campus, including in their roles within their RSOs.

It is the philosophy of the university to respond in an educational way to RSO actions and behaviors, either on- or off-campus, that may be a violation of a university policy, rule, or procedure. The intent, if possible, is to educate, reorient and positively change RSO behavior and guide students toward the development of personal responsibility, conscientiousness and ethical decision-making. The university hopes that students will learn to take full responsibility for their actions and make amends when needed. However, in some cases, punitive actions may be required if an RSO’s actions and behaviors are extreme, endanger community well-being and/or bring harm to the university.

Student conduct proceedings are administrative rather than criminal proceedings. As such, this process does not apply the rules of evidence, criminal procedures or other standards typically associated with the legal system. RSOs are not judged “guilty” or “not guilty” in the university conduct process; rather, they are found “responsible” or “not responsible” for violating a policy. Sanctions are imposed based on the seriousness of the violation. Repeated violations will be justification for an increased severity of sanctions, up to and including suspension or permanent removal of the RSO from the university.

Rights of RSOs and Fair Hearing Principles

The RSO conduct process is designed to ensure that fair and impartial decisions can be reached. With this overall goal in mind, RSOs have the following rights in a conduct proceeding:

• To be considered not responsible for any violation(s) until responsibility is established based on the evidence.
• To attend a conduct meeting, sometimes called a “hearing,” regarding the alleged violation(s) with a university Conduct Officer.
• To receive written notice of the violation(s) that are alleged to have occurred, notice of the section(s) of the Standards of Conduct and/or the Student Handbook in which the policy(ies) appear, a summary of the alleged violation(s), and a time and place when the conduct meeting will be held.
• To understand the specific Standard(s) of Conduct or other university policy(ies) that the RSO allegedly violated.
• To be represented in the conduct process by a student leader of the RSO’s choosing, known as the RSO Representative*.
• To select a conduct advisor of their choosing to accompany the RSO throughout the conduct process. The conduct advisor may be a friend, mentor, family member, attorney, RSO advisor or any other support person the RSO chooses, but may not be a student member of the RSO.
• To present relevant evidence and witnesses to be considered.
• To be silent in the conduct process, preferably by notifying the Conduct Officer of the decision to not participate.
• To be informed of the outcome in writing, including the finding(s) of “responsible” or “not responsible” and any sanctions if applicable.
• To receive reasonable accommodations when requested. All determinations about reasonable accommodations are made by the Conduct Officer and are at the discretion of the university.
• To request an appeal of the finding(s) and/or the sanction(s) made by the Conduct Officer (see “Appeals Process” section below).

* The RSO Representative will default to the RSO president or most senior officer of the organization as registered with the Department of Student Engagement unless the RSO submits written notice of a change.

RSO Conduct Procedures

Anyone may report a suspected violation of university policy by an RSO to either the Dean of Students Office or the Department of Student Engagement. The Dean of Students Office reviews all reports or alleged misconduct and may contact the person who submitted the report to gather additional information.  

The Dean of Students Office will review the alleged violation(s) and evaluate potential health or safety concerns. The Dean of Students Office has the discretion to determine whether charges under these proceedings will be brought against the RSO, against an individual or individuals, or a combination. That may change as the case evolves.

If the Dean of Students Office determines that continued operations of an RSO constitute a reasonable threat of harm to individuals, damage to university property or disruption to the educational mission of the university, it may choose to apply administrative interim measures up to and including interim suspension of all RSO activities. These interim measures will remain in place until the conduct process is completed. When interim measures are applied, the Dean of Students Office will notify the RSO Representative and other appropriate parties (e.g., advisors, parent organization) in writing. If an RSO wishes to seek a review of these interim measures, the RSO must submit a written request to the Dean of Students.

When the Dean of Students Office has completed its preliminary review, it may choose to dismiss the case, assign an Educational Advisement (see more below) or it may assign a Conduct Officer to move forward with the conduct process. This Conduct Officer may at any point contact an RSO advisor and/or parent organization to inform them of the alleged violation(s). In some cases, a parent organization may wish to participate in a joint interview process; this may occur at the discretion of the Conduct Officer. However, both the university and the parent organization retain separate authority on the outcomes of their respective processes.

Conduct Officers are university administrators who are designated with the authority, by the Dean of Students Office, to hear and adjudicate student conduct cases.

Initial Conduct Meeting

If a Conduct Officer has been assigned to the case, they will schedule an initial conduct meeting with the RSO Representative. The RSO Representative may request to have additional student leaders present at the initial conduct meeting, within reason. During this meeting, the parties will review the alleged violation(s) and discuss the incident as it has been reported. At this point, the RSO Representative will be given the option to move forward with either the Informal Resolution Process or the Formal Resolution Process (see below). However, if interim measures have been issued, the RSO is already on probation or suspension, and/or the alleged violation(s) include hazing and/or physical harm; the case will automatically move forward with the Formal Process. The Dean of Students Office always has the discretion to send a case directly to a Formal Process, regardless of the circumstances or the wishes of the RSO.

As the case progresses, the Conduct Officer, in consultation with the Dean of Students Office, has the authority to dismiss charges if warranted. The university may also elect to add additional charges later during the conduct process with notification to the RSO based on new discovery during the investigation or meeting process.

As a case progresses, the role of the university and the Conduct Officer is to determine whether an RSO is “responsible” or “not responsible” for violating university policy as charged.

Evidentiary Standard

The evidentiary standard used for student conduct proceedings, including for RSO conduct cases, is the “preponderance of the evidence” standard, which means it is “more likely than not” that a policy violation occurred.

Informal Resolution Process

If an RSO chooses to move forward with the Informal Process, the Conduct Officer may use the remainder of the initial conduct meeting to work with the RSO to develop an investigation scope and timeline based on circumstances of the case and the nature of the allegation(s). The Conduct Officer and RSO Representative will review the RSO’s guiding documents for any internal conduct or disciplinary procedures to determine if those procedures must be followed when moving forward. If an RSO does not have internal procedures or those procedures are impractical for the situation, the Conduct Officer and RSO Representative must work together to develop a process for the investigation.

The RSO is responsible for completing the investigation tasks that have been agreed-upon and submitting a written investigative report to the Conduct Officer within the established timeline. The investigative report will contain at a minimum: the names of individuals involved, a summary of the information gathered, a recommended determination of responsibility, any internal disciplinary action the RSO may have implemented and recommendations for university sanctions (see section below for a full list of possible sanctions). If needed, resources will be provided to the RSO Representative regarding the investigation process and written investigative report.

Once submitted, the Conduct Officer will review the investigative report and make one of three possible conclusions:

• If the Conduct Officer determines that the investigation was accurate and thorough, and the recommended sanctions are appropriate, the finding(s) and sanction(s) will be accepted and implemented and the conduct process will be complete.  
• If the Conduct Officer determines that the investigation and report are insufficient or incomplete, or that the recommended sanction(s) are not appropriate, they may choose to provide feedback to the RSO Representative and give instructions for further investigation or review. An updated timeline will be negotiated and established. 
• If the Conduct Officer determines that the RSO has intentionally provided inaccurate or incomplete information, obstructed the process, or is otherwise non-compliant or uncooperative in any way, the Conduct Officer has the discretion to refer the case to the Formal Resolution Process.

At any point in the Informal Process, the RSO Representative can choose to move the case to the Formal Process by providing written notice to the Conduct Officer. The Conduct Officer may also choose to end the Informal Process early if concerns about the investigation process arise.

Regardless of how an Informal Process ends, the Conduct Officer will provide written notice to the RSO Representative with information on either the outcome of the case or next steps.

Formal Resolution Process

If an RSO is ineligible for or declines to participate in an Informal Process, the case will automatically move forward in a Formal Process. If an Informal Process was attempted and no conduct outcome was determined, a new Conduct Officer will be assigned by the Dean of Students Office for the Formal Process and a new initial conduct meeting will be scheduled. At the discretion of the Dean of Students Office, the new Conduct Officer will have access to the documentation from the Informal Process.

The Conduct Officer for the Formal Process will gather any relevant information by interviewing RSO members and/or other witnesses and requesting any pertinent documentation from the RSO or any other relevant party. The Conduct Officer is charged with reviewing the information available and (a) making a finding of whether the RSO is responsible for violating policy or not, and (b) if applicable, assigning appropriate sanctions.

The Conduct Officer will provide written notice to the RSO Representative and all RSO officers about the finding(s) and/or sanction(s) and will provide the RSO Representative the option to schedule an outcome meeting to explain the rationale for the decisions.

Sanctions for RSOs

If an RSO is found in violation of university policy through an informal or formal conduct proceeding as described above, one or more of the following disciplinary sanctions may be issued.

In considering the appropriateness of the sanction(s), the following may be considered: Prior offense(s), severity of the offense, impact on others or the campus community, mitigating circumstances, and/or aggravating circumstances. Repeated or aggravated violation(s) of the Standards of Conduct or any university policy may result in more severe sanctions than any individual violation might warrant, including immediate suspension or permanent removal.

Failure to complete sanctions as assigned may result in additional conduct charges, account holds, loss of recognition, and/or other restrictions or outcomes.

Disciplinary sanctions for RSOs found in violation of one or more Standards of Conduct may include:

Warning

The RSO is warned that their behavior was in violation of university policy and that further misconduct may result in more severe disciplinary sanctions.

Probation

The RSO is subject to restrictions and/or conditions imposed by the university for a period of time. Probation for RSOs is assigned for no more than two calendar years. RSOs on probation must meet with a representative from the Department of Student Engagement throughout the duration of the probationary period. Release of an RSO from probation is ultimately at the discretion of the university but will generally occur if there are no further violations of the Standards of Conduct during the probationary period.

RSOs on probation are not considered to be in good standing with the university. During the probationary period, it is expected that the RSO not engage in any further violations of university policy; if further violations should occur, the RSO may be subject to suspension or permanent removal.

Suspension

The involuntary separation of the RSO from the university for a period of no more than six calendar years. If applicable, a notice will be sent to the RSO parent organization informing them that ERAU-Prescott students are prohibited from affiliating with the organization for the duration of the suspension period.

At the completion of the suspension period, the RSO must meet with a representative from the Department of Student Engagement to discuss the reinstatement process. Reinstatement and any potential conditions or requirements that may be attached are ultimately at the discretion of the university.

Permanent Removal

The involuntary and permanent separation of an RSO from the university. If applicable, a notice will be sent to the RSO parent organization to inform them that ERAU-Prescott students are prohibited from affiliating with their organization and to request a revocation of that specific RSO’s authorization to operate.

Additional sanctions for RSOs may include:

Loss or Restriction of Privileges

The loss or restriction of specific privileges or university resources for a specified period of time. This may include but is not limited to the use of university resources, the reservation or use of university spaces, or participation in university-sponsored activities or events such as the Organization Fair.

Restitution

Monetary compensation for loss, damage or injury.

Educational Sanctions

Educational sanctions based on the circumstances of the case may include but are not limited to:

• Educational programming  
• Service to the university or community  
• Educational projects and/or reflection papers 
• Workshops  
• Mediation (provided all parties agree) 
• Training or learning modules (fees may apply) 
• Meetings with university officials or other designated authorities

Structural Sanctions

Structural sanctions specific to the RSO and the circumstance of the case may also be applied. These may include but are not limited to:

• Changes in RSO operating procedure
• Review of RSO leadership and/or membership
• Changes to RSO advising support

When applicable, the university has the discretion to involve the RSO’s parent organization in the development of structural sanctions.

Administrative Interim Measures

RSOs who are being investigated for possible violations of the Standards of Conduct or university policy may be issued an intermediate action until the conduct process is complete. Examples of interim measures may include but are not limited to interim suspension of the organization, loss or restriction of privileges, and/or structural sanctions.

Interim Suspension

Temporary involuntary separation of the RSO from the university while its conduct is under review.

Interim suspension may be applied if there is a threat or potential threat to the health or safety of the campus community, or if there is disruption or threat of disruption to the campus community and/or normal university process and activities.

The final outcomes of any student conduct proceeding involving an RSO become part of the RSO’s conduct record with the university. Student conduct records, including those for RSOs, are managed by the Dean of Students Office.

Additional Possible Outcome — Educational Advisement

In lieu of formal charges, a Conduct Officer may elect to assign the outcome of “Educational Advisement” to the case. This means that the RSO has successfully completed a meeting or other approved communication with the Conduct Officer or another designated university official to:

• Discuss how the RSO’s minor policy infraction(s) have impacted students and/or the campus community.
• Ensure that the RSO clearly understands the policy and rules for the future.

Educational Advisement is considered a proactive, administrative courtesy and therefore is not entered into an RSO’s official conduct record nor is it eligible for appeal.

Registered Student Organization Conduct Appeal Process

If an RSO disagrees with the outcome from the Formal Process, it may request an appeal of the Conduct Officer’s decision(s) to the Dean of Students. This appeal may include a request to review the finding(s) of responsibility and/or the sanctions(s) issued.

If an RSO wishes to appeal, they must submit a request in writing to the Dean of Students or their designee, with a rationale for the appeal, no later than five business days from the date of the final outcome provided to the RSO by the Conduct Officer. The Dean of Students has the authority to uphold, overturn or modify any decisions of the Conduct Officer. The determination of the Dean of Students or their designee shall be the final decision of the university.