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Advisor: A member of the University community chosen by a Recognized Group or Organization, or an individual with respect to investigatory meetings, to provide personal support through the student conduct process. Advisors may have no other role, such as a witness or Respondent in an individual student conduct matter arising out of the same fact pattern, and may not speak on behalf of, or otherwise represent their advisees. Advisors may not be lawyers, although the Director of Student Life may permit a lawyer as an Advisor when related criminal charges are filed and pending. The Student Organization, or individual, as applicable, is responsible for any attorneys’ fees incurred. Regardless of University affiliation, or professional license, Advisors may be present only to provide support to, or otherwise privately consult with, their advisee, but may not speak on behalf of their advisee or otherwise directly participate.

Complainant: The individual or individuals who have been the subject of alleged conduct prohibited by University policy. The University will serve as the Complainant in cases that do not involve a Complainant, where the subject of the alleged conduct is not a University community member, or is otherwise unwilling to proceed but the University has determined that the charge should be heard.

Organization Representative: The individual, or individuals (no more than three), selected by the Recognized Student Organization to speak on the Organization’s behalf. The Organization Representative may be, but is not required to be a member of the Organization’s leadership structure (e.g. President, Vice President, Team Captain, etc.). Individual members who have been referred to the Center for Student Conduct for alleged policy violations arising out of the same fact pattern may not serve as an Organization Representative.

Preponderance of the Evidence: The evidentiary standard used in campus investigation and disciplinary processes to determine whether or not a Student Organization is responsible for violation(s) of University Policy. A preponderance of the evidence is found when the alleged actions are more likely to have occurred than not.

Recognized Group or Organization: As defined in the University’s Group and Organization Recognition Policy

Student Organization Misconduct: Violation of University policies, applicable state laws and regulations, and/or federal laws and regulations by Recognized Student Organizations.

• Negligently allowing behavior. The Student Organization did not follow policies and procedures which could have prevented the violation(s).
• Condoning behavior. The Student Organization did not take steps to prevent the behavior, did not actively oppose the behavior, and/or has a culture of Student Organization Misconduct.
• Facilitating behavior. The Student Organization coordinated or was an active player in the violation(s).

In an actual or emergency situation, contact ����̽̽ Police Services at (802) 656-3473 or 911.

Reports of Student Organization Misconduct should be referred to the Director of Student Life (the “Director”):

Director of Student Life
Dudley H. Davis Center – Room 310
(802) 656-2060
slife@uvm.edu

When the Director receives a verbal or written report or otherwise becomes aware of a Student Organization’s alleged misconduct, the Director or designee will consult with the Student Organization Misconduct Committee (the “Committee”), comprised of the Assistant Dean of Students, the Director of the Center for Student Conduct, and the Chief of ����̽̽ Police Services, or their respective designees, to determine whether sufficient information exists to warrant an administrative investigation, whether reporting to ����̽̽ Police is required for consideration of criminal or civil law consequences, or whether it would be prudent for the Director, or designee, to conduct an initial inquiry to inform that decision.

If the decision is made to move forward with an administrative investigation, the Director, or designee, shall notify the leadership of the Student Organization (typically the president and vice president, equivalent executive positions, or team captains), the Organization’s University Advisor and/or Coach, and the Governing Group, if any, in writing of the general nature of the alleged misconduct and that an investigation will be conducted. The Notice shall also identify the individual tasked with investigating the matter. In appropriate and limited circumstances, the Notice will include information about the Student Organization’s option to resolve the matter through an Administrative Conference, as outlined below.

Student Organizations are encouraged to self-report misconduct and take affirmative steps to address misconduct

The Director, in consultation with the Committee, shall also consider whether an allegation against a Student Organization gives reasonable cause to believe that the Organization represents a threat to the safety, security or welfare of the University community and/or an obstruction to accomplishing the University's lawful mission. If such reasonable cause exists, immediate action may be warranted. This determination may be reevaluated throughout the investigatory process as additional information is learned. Under such circumstances, the Director has the authority to temporarily suspend all or some activities of the accused Organization until the other provisions of this procedure are implemented. In the case of Interim Suspension of activities, in whole or in part, the University will make reasonable efforts to implement the procedures outlined herein for considering a complaint as quickly as is feasible under the circumstances.

Any violation of these directives will be considered aggravating circumstance(s) and will lead to harsher sanctioning. This is inclusive of violations from the Organization’s leadership outside of the University community (i.e. local and national offices).

The determination of whether a case concerns individual or organizational misconduct, or both, will be determined on a case by case basis. Allegations of Student Organization Misconduct may be adjudicated before, at the same time as, or following related cases of individual misconduct.

Factors used in determining whether an alleged policy violation was committed by a Student Organization may include, but are not limited to:

1. The nature of the alleged misconduct or incident(s);
2. Executive Board/Leadership knowledge of or participation in the alleged misconduct, to include notice that the event was going to occur;
3. Number of members from the Student Organization present;
4. Whether members or alumni were acting in the name of the Organization, or otherwise permitted, encouraged, aided, or assisted in committing a violation;
5. Whether the alleged misconduct or incident(s) occurred at Organization-sponsored events or within Organization-related affairs, including whether it occurred at a housed Organization’s facilities or as part of an activity or assignment voted on by the Organization and/or approved by the Governing Group;
6. Whether the violation is committed by members attending a function as a representative of the University, including, but not limited to, competitions, conference, and conventions;
7. Failure of the Student Organization to implement preventative measures where it is reasonably foreseeable that a violation would occur;
8. Use of Organization funding or funding by an individual in the name of the Organization; and
9. Members or officers fail to report to appropriate University authorities’ knowledge or information about violation.

Following Notice, in appropriate circumstances and at the discretion of the Director, in consultation with the Committee, the Director may offer to meet with an Organization Representative, as defined in these Procedures, for an Administrative Conference to discuss the incident, and the Organization will have an opportunity to resolve the matter at that time. The Organization, through the Organization Representative, may sign an agreement (the “Pre-Investigation Waiver”) by which the Organization elects to admit to the specific facts that comprise the violation(s) and accept responsibility for all violations in lieu of proceeding to a formal investigation. If a Waiver is signed, the Organization will be accepting responsibility for the violations listed in the Notice and will be required to complete the sanctions as outlined by the Director. Organizations who accept responsibility by signing the Waiver, waive the right to appeal. The Organization will receive a follow-up letter summarizing the discussion and the sanctions imposed. The Organization’s University Advisor and/or Coach, and the Governing Group, if any, will also receive a copy of this letter. The letter and signed pre-hearing waiver will become part of the Organization’s conduct file. Failure of the Organization to complete assigned sanctions may result in further disciplinary action, as will the discovery of additional violations of University policy that were not disclosed during the waiver process.

If an Organization does not accept responsibility for the alleged violations by signing the Waiver, wishes to contest the alleged violations, or does not accept the sanctions outlined by the Director, an investigation will be initiated.

Use of an Administrative Conference does not preclude the Center for Student Conduct from addressing alleged violations of University policy by individuals.

The purpose of an investigation conducted pursuant to these procedures is to determine whether University policy, as alleged, has been violated. That determination is made based on a preponderance of the evidence standard which requires that the evidence supporting each finding be more convincing than the evidence in opposition to it; that is, it is more likely than not that the alleged conduct occurred.

The investigation may include, but is not limited to, interviews with Student Organization members and other witnesses identified as having information relevant to the allegations made, as well as the examination of relevant documents and other information. Information for the investigation may be provided by the Student Organization members, witnesses identified by any party, law enforcement, or other sources deemed relevant. Any person believed to have information relevant to an investigation may be contacted and requested to make an appointment to discuss the matter.

Before the investigation report is finalized, the Investigator will provide the Organization with a written report of the totality of relevant facts collected (“the Record”) for review, and the Organization may elect, through the Organization Representative, to meet with the Investigator to comment on the content thereof. The Investigator has the sole discretion to direct the Organization Representative to focus on relevant issues and/or limit redundancies, and to determine the overall length of this meeting. Ultimately, the decision to interview particular witnesses, allow or consider evidence offered, or determine which questions are appropriate and relevant to the case, and, therefore, which questions will ultimately be asked, is within the sole discretion and professional judgment of the Investigator.

Should a Student Organization decline to participate, the investigation may proceed, a finding may be reached, and a sanction may be imposed based on the information available. Similarly, individual members and other witnesses cannot be compelled to participate in an investigation, and the Investigator will proceed with otherwise available information if a witness (or witnesses) choose not to be interviewed.

Upon completion of the investigation, the Investigator shall submit an Investigation Report to the Director and the Student Organization Representative, including a determination as to whether or not the alleged misconduct by the Student Organization is substantiated. If the misconduct is found to be substantiated, the Investigation Report will be forwarded by the Director to the Student Organization Accountability Panel for sanctioning. Simultaneously, the Director may refer individual students to the Center for Student Conduct for adjudication of alleged violations of University policy by providing the Center for Student Conduct with the Record.

The Student Organization Accountability Panel (the “Panel”) shall be composed of five (5) members of the University community who have received appropriate training on adjudication of Student Organization Misconduct policies and procedures. The Associate Director for Student Life, or designee, shall serve as the Chair of the Panel. At least one member of the Panel shall be a student representative from the Student Government Association (SGA) Club Affairs Committee, and at least one member shall be a student representative from the Standards Committee of Panhellenic or the Interfraternity Council. The remaining two Panel members shall be faculty or staff members of the University. The Student Organization Representative will be notified of the identities of Panel Members and the time/place for their scheduled Panel Meeting within five (5) business days of receipt of the Investigation Report.

The sole purpose of the Panel Meeting is to determine the appropriate sanction(s) for violations of University Policy found by a preponderance of the evidence and detailed in the Report of Investigation. The Panel Meeting is not the appropriate venue to appeal a finding of responsibility.

All Panel Members will review a copy of the Investigation Report, and any appendices thereto, prior to the Panel Meeting. In addition to review of the Investigation Report and findings, the Panel will consider other information presented at the Panel Meeting by the Student Organization Representative relevant to sanctioning. If the case involves an individual complainant(s), the complainant(s) will be provided an opportunity to participate and provide relevant information. In all instances, such information may be presented in the form of personal statement(s) at the Panel Meeting. If the Student Organization wishes to have a third party address the Panel, in person or by written statement (which will be read aloud on their behalf by the Panel Chair), for the sole purpose of speaking to the existence of aggravating or mitigating circumstances, a summary of their expected statement(s), and their names, must be provided a minimum of two (2) business days prior to the scheduled Panel Meeting. Upon review of the summary of expected statement(s) by third-parties, the Panel may exclude third parties from the Panel Meeting to the extent their statements are deemed not relevant to a fair consideration of the appropriate sanction(s), and therefore the purpose of the Panel Meeting, as outlined above. Third-party character statements are generally not considered relevant.

The Panel, in their discretion, may ask questions of any individual making a statement. However, no individual addressing the Panel is required to answer any questions that the Panel poses. Participation in the sanctioning process is strictly voluntary. After the Panel is satisfied with its opportunity to ask questions, the Panel shall invite the Organization Representative to make any final statement(s) regarding sanctions.

At the conclusion of the Panel Meeting, the Panel Chair will advise the Organization Representative of the timeframe for issuance of the Panel’s decision letter, and will provide information about the University’s appeal process. The Panel Meeting will then be considered closed, and further information will not be considered by the Panel in rendering a sanctioning decision.

All proceedings are closed. The Student Organization Representative and their Advisor may be present throughout the Panel Meeting, as may Complainant(s). Third party witnesses, if any, shall be present only during their own statements. The Panel Chair is responsible for maintaining order during the Panel Meeting and may take all steps reasonably necessary to ensure an orderly Meeting up to and including removal of disruptive individuals.

Panel Meetings are not recorded; the Panel’s decision letter serves as documentation of the information presented.

When an Organization violates University policies, their University status may be negatively impacted and sanctions will be put in place to inform the Organization that the behavior(s) exhibited are unacceptable and are not aligned with the values of the University. Sanctions put in place can be a combination of deterrents, educational, and/or restorative. 

In determining the appropriate sanction and organizational status, the Panel should consider the nature and severity of the misconduct; whether the Student Organization self-reported the misconduct; the willingness of the Student Organization to take responsibility for the misconduct; the level of cooperation received from the Student Organization in the investigation; the conduct history of the Organization; and any other relevant factors detailed in applicable University policies.

Organizations subject to sanction will be placed in one of three University statuses, with appropriate sanctions that include, but are not limited to, the following. Sanctions may be assessed singly or follow consecutively.

1. In Good Standing, Subject to Conditions:
   • Formal Written Reprimand: A formal notice that the Code has been violated and a warning that future violations will be dealt with more severely.
2. Recognized, Not In Good Standing:
   • Restricted Activities: Restricting the Student Organization’s ability to access University controlled benefits and resources, or engage in certain activities.
     • Inability to Access University Funds: Rendering an Organization’s University account inactive so as to prevent access to funds or services being granted or disbursed. This includes generated revenue as well as student fees allocated to the Organization.
     • Removal from Leadership: Restricting the Student Organization's ability to place members in leadership roles within their respective governing organizations (i.e. Interfraternity Council, Panhellenic Council, SGA, etc.).
   • Probation: A formal written notice that the Organization is not in good standing with the University and its actions will be monitored for a period no less than one semester. Further violations of University policies by the Organization during the probationary period will result in harsher sanctions, and may include suspension. 
   • Suspension: A formal written notice that the Organization is not in good standing with the University and has lost all privileges for a period no less than one semester. Further violations of University policy during the suspension period will result in harsher sanctions, and may include De-Registration/Recognition.
3. Not Recognized: Separation of a Student Organization from the University. The length of de-registration/recognition is at the discretion of the Student Organization Accountability Panel. Re-registration/recognition is contingent on successful application to the Vice Provost for Student Affairs. Permanent de-registration/recognition requires the advance approval of the Vice Provost for Student Affairs.

When an Organization is not in good standing, they may be tasked with completing actions to demonstrate their commitment to upholding University policies and correcting their behavior, such as:

1. Written plan for reconstruction of the organization: A plan of action, which outlines various actions the Organization must take in order to enhance itself and be a benefit to the University community.
2. Fines: Payment of a monetary fine.
3. Restitution: Required compensation for loss, damage, or injury to the appropriate party in the form of service, money, or material replacement. 
4. Class/Workshop Attendance: Attendance and completion of a class or workshop that will assist the Student Organization avoid future non-compliance with University policies. 
5. Educational Project: Completion of a project specifically designed to assist the Organization avoid future non-compliance with University policies. 
6. Service: Performance of a task, or tasks, designed to benefit the community and that also assists the Student Organization avoid future non-compliance with University policies. 

The Panel will send notice of a decision to the Student Organization’s representative, the Governing Group, if any, and the Organization’s University Advisor or Coach. The decision will state a rationale for the decision that was reached and what sanctions will be imposed, including the length of the sanction(s), the specific privileges to be forfeited, and any and all other conditions established as part of the sanction(s).

Action taken against the Student Organization does not preclude the University from taking disciplinary action against individual students pursuant to applicable University policy.

A Student Organization may appeal a finding of misconduct and/or the sanctions imposed by submitting a written request for review, including the grounds for the request, to the Dean of Students, or designee, within five (5) business days of the date of the decision. The request for review must be based upon one or more of the following grounds:

1. a procedural error unfairly and materially affected the outcome of the case;
2. material evidence has been discovered that was not reasonably available at the time of the investigation, or
3. there was a clear abuse of discretion on the part of the Investigator or Panel.

Should the standard of appeal be met, the Dean of Students, or designee, may uphold, reverse, refer back for further investigation, or modify the determination of responsibility and/or sanctions. The Dean of Students, or designee, will notify the Student Organization’s leadership, the Governing Group, if any, and the Organization’s University Advisor and/or Coach of the final decision in writing. The decision of the Dean of Students, or designee, is final.

Retaliation against anyone who makes a complaint or participates in an investigation or proceeding against a Student Organization is prohibited by University policy. Instances of retaliation may result in penalties and sanctions against an individual under the Code and/or against a Student Organization under these procedures.

The Organization may seek the removal of an assigned Investigator or Panel Member if they believe the individual cannot be impartial by submitting a written statement to the Director, or designee, stating the specific reasons therefore. This written statement must be submitted to the Director, or designee, within 48 hours of receipt of the Notice of Investigation or Notice of Panel Meeting. If the Director, or designee, determines that the assigned Investigator and/or Panel Member may not be impartial, a new Investigator and/or Panel Member will be selected.

In all proceedings covered by this Procedure, the Student Organization, and its individual members, may be accompanied by one (1) Advisor, as defined herein, when attending investigatory and other meetings, including those related to disciplinary action. If an Advisor cannot abide by the rules for participation set forth in this Procedure, the Advisor will be asked to leave.

����̽̽ will not wait for the conclusion of a criminal investigation or proceeding to begin its own investigation and resolve complaints. ����̽̽ may, however, in its sole discretion, comply with valid requests from law enforcement for cooperation in a criminal investigation, including temporarily delaying an investigation while law enforcement is in the process of gathering evidence. In assessing whether to temporarily delay an investigation pursuant to a request from law enforcement, the Director will consider such factors as:

• The length of the requested delay;
• The impact that such delay will cause to the involved parties and the campus community; and
• The level of real and harmful impact to the criminal investigation that will occur if the requested delay is not granted.

In the event the requested delay is granted, ����̽̽ will promptly resume and complete its investigation once law enforcement has completed gathering evidence, and will keep the Student Organization apprised of such requests to the extent permitted by law.

The Office of Student Life will maintain records regarding all actions taken under this Procedure. Additionally, for discipline resulting in a sanction of probation or greater, the Student Organization will be listed on the Student Life webpage detailing organizations with recent conduct violations. Interim actions imposed by the Committee may also be listed on the Student Life webpage or otherwise communicated to campus in the Director’s discretion.

Training related to this policy is as follows: