Any member of the University community (administration, faculty, staff, and students) may make a formal complaint against any student(s) for alleged violations of the Student Code of Conduct. All allegations of violations should be prepared in writing or signed video and directed to the Coordinator of Student Conduct*; however, the Coordinator of Student Conduct will not accept anonymous complaints. Complaints alleging Title IX sexual harassment will be referred to and investigated by the Title IX Coordinator or designee, and the procedures for handling such complaints can be found here. Persons should refer to appropriate materials available online or in print for procedures for the resolution of such complaints. Those requesting charges are normally expected to serve as the complainant, and to present relevant information in disciplinary conferences and/or hearings.  In addition, any allegation of violations should be submitted as soon as possible after the event takes place. The Coordinator of Student Conduct will evaluate all the information, which may include interviews with involved parties and the collection of relevant information as the Coordinator of Student Conduct deems necessary, to determine if the reported allegation(s) has merit and/or if they can be disposed of administratively by conciliation, restorative justice, mediation, or mutual consent of the parties involved on a basis acceptable to the Coordinator of Student Conduct. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Coordinator of Student Conduct may later serve in the same manner as a non-voting member of the Student Conduct Board in a hearing. With the exception of sexual misconduct allegations, the Coordinator of Student Conduct may decide not to proceed with complaints resulting from incidents that occurred at a time too distant from the date of the filing of charges, or when information or testimony is too vague.  Complaints generally should be made within 30 business days after discovery of the alleged violation and/or identification of the alleged violator.

A student charged for alleged violation(s) of the Student Code of Conduct will be entitled to a disciplinary conference or disciplinary hearing.  The Coordinator of Student Conduct will make a determination of whether a disciplinary conference or disciplinary hearing will be held, based on the range of sanctions that may be issued for the particular violation. The Coordinator of Student Conduct will serve as the hearing officer for the disciplinary conference or as a member of the Student Conduct Board at all disciplinary hearings.  In rare occasions, the Director of SARP will assume all roles and responsibilities in the disciplinary process if the Coordinator of Student Conduct is unable to serve in that capacity and the case cannot be rescheduled within a reasonable time.

Formal rules of process, procedures, and/or technical rules of evidence, such as are applied in criminal and civil court, are not used in the Student Conduct disciplinary proceedings.

* Anywhere this procedure indicates “Coordinator of Student Conduct,” the Director of Student Accountability and Restorative Practices may assume this role.

Disciplinary Conference
In instances where a student is charged with alleged Student Code of Conduct violations that will likely result in a sanction less than removal from University housing, University suspension, or expulsion, the student will be entitled to a disciplinary conference. Minor residence hall violations are usually handled in this manner (for more information on residence hall disciplinary conferences, see p. 112). Students entitled to a disciplinary hearing may also choose to request a disciplinary conference, with the understanding that the full range of sanctions, including residence hall suspension, University suspension, or expulsion, will be applicable. A disciplinary conference will normally consist of an informal meeting between the respondent and the Coordinator of Student Conduct, who will serve as the hearing officer. The Coordinator of Student Conduct will gather all information necessary to make a just decision in the case. If the Coordinator of Student Conduct determines that the student is responsible for the violation, the Coordinator of Student Conduct will impose sanctions appropriate for the violation.

Disciplinary Conference Procedures
The following procedural guidelines are established for respondents charged with violations of the Student Code of Conduct and assigned to a disciplinary conference through Student Accountability and Restorative Practices:

  1. The student will be notified by the Coordinator of Student Conduct that a complaint has been made. The Coordinator of Student Conduct will provide the student with a written or signed statement with the name of the complainant (person(s) or the University), the procedures for resolving the complaint, and the range of sanctions that may be imposed.
  2. The student must make an appointment for a pre-disciplinary conference meeting with the Coordinator of Student Conduct no later than three business days after the letter is received.
  3. If the student fails to arrange a meeting with the Coordinator of Student Conduct within three business days after receipt of the letter or fails to show up at the scheduled disciplinary conference, information in support of the charge(s) will be presented and considered.
  4. The student will be informed by the Coordinator of Student Conduct of two possible ways to handle the case: 1) appear at a scheduled disciplinary conference and present his/her case before the Coordinator of Student Conduct, or 2) accept responsibility for the violation(s) as charged, waive his/her right to a disciplinary conference and presenting witnesses on his/her behalf, and accept sanctions imposed by the Coordinator of Student Conduct.
  5. The student will be notified at least 72 hours in advance of the time, date, and place of the disciplinary conference. All disciplinary conferences will be conducted in private.
  6. A single disciplinary conference may be held for more than one person charged in a case arising out of a single or multiple occurrence(s). The Coordinator of Student Conduct will make such determinations. However, each student retains the right to have his/her case heard individually.
  7. The student will have reasonable access to information pertaining to the case prior to and during the disciplinary conference.
  8. The student may appear in person and present relevant information to the Coordinator of Student Conduct and may call witnesses. The student will have the opportunity to hear and question all participants at the conference. Should the student elect not to appear at the conference, it will be held in the absence of the student. In such instances, the information in support of the charge(s) will be present and considered even if the student is not present.
  9. The student may be accompanied by an advisor of their choice. The student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in the disciplinary conference. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. A student should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the disciplinary conference because delays will not be considered due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the disciplinary conference at the discretion of the Coordinator of Student Conduct.
  10. Formal rules of processes, procedures, and/or technical rules of evidence will not be applicable to disciplinary conferences. Any information or testimony the Coordinator (or Director) of Student Conduct believes to be relevant may be considered.
  11. After the disciplinary conference, the Coordinator of Student Conduct will determine whether the student is responsible for the violation with which he/she is charged. The Coordinator of Student Conduct's determination will be made on the basis of whether it is more likely than not that the student violated the Student Code of Conduct.
  12. The student will be informed in person and writing of the right to appeal a decision to the Associate Dean of Student Center Programs and Services (or the Dean of Student Affairs, if the Associate Dean served as hearing officer in the case). A decision or judgment of the Coordinator of Student Conduct may be appealed by either or both of the parties involved on the following grounds:
    • Procedural irregularity that affected the outcome of the matter. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
    • There is new or newly discovered information that could not have been produced at the conference that could affect the outcome of the matter. In order for the Associate Dean of Student Center Programs and Services (or the Dean of Student Affairs and Academic Support, if the Associate Dean served as hearing officer in the case) to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original conference, such information and/or facts must not have been known at the time of the original conference by the appellant.
    • The sanction imposed was clearly inappropriate and/or disproportionate to the conduct for which the person was found responsible

An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five business days of the date the parties were notified of the decision. In an appeal case, sanctions assessed by the initial Coordinator of Student Conduct may be held in suspense until acted upon in appeal. The appeal will be reviewed by the Associate Dean of Student Center Programs and Services (or Dean of Student Affairs if the Associate Dean served as the hearing officer), and he or she may affirm or reverse the decision, or modify the sanction originally determined. The Associate Dean of Student Center Programs and Services (or Dean of Student Affairs if the Associate Dean served as the hearing officer) may decide to remand the matter back to the Coordinator of Student Conduct to reopen the hearing, if appropriate. The Coordinator of Student Conduct will convey pertinent information related to the case. The decision of the Associate Dean of Student Center Programs and Services (or Dean of Student Affairs if the Associate Dean served as the hearing officer) is final and is not appealable.

All disciplinary conferences will be closed to the public in order to protect the confidential nature of the proceedings.

Because of time concerns and the expenses it would incur, provisions for written transcripts of disciplinary conferences is not required.

The Coordinator of Student Conduct will determine the rules of procedures in addition to those stated herein, and all procedural questions are subject to his/her final decision.

Disciplinary Hearings

In instances where a student is charged with alleged Student Code of Conduct violations that will likely result in a range of sanctions that may include residence hall suspension, University suspension, or expulsion, the student will be entitled to a disciplinary hearing. A disciplinary hearing will involve a Student Conduct Board or an Administrative Student Conduct Board.

Student Conduct Board

The Student Conduct Board is a fact-finding and decision-making body consisting of members of the University community (faculty, staff, and/or students who have been selected and received training by Student Accountability and Restorative Practices), a non-voting Student Conduct Assistant, and a non-voting Coordinator of Student Conduct. The non-voting Coordinator of Student Conduct will serve as the hearing official and as a consultant to the Board. The members of the Student Conduct Board have the responsibility for hearing complaints against students, determining whether a student is, more likely than not, responsible for a violation of the Student Code of Conduct, and recommending disciplinary sanctions to the Coordinator of Student Conduct.

Administrative Student Conduct Board

The Administrative Student Conduct Board consists of faculty and/or staff representatives and the Coordinator of Student Conduct. The non-voting Coordinator of Student Conduct will serve as the hearing official and as a consultant to the Board. This Board, which usually meets when the Student Conduct Board is not able to meet and hear a case, is empowered to make decisions and recommend disciplinary sanctions.

Disciplinary Hearing Procedures

The following procedural guidelines are established for the direction of all persons and boards conducting disciplinary hearings on complaints against a student at Gallaudet University.

  1. The student will be notified by the Coordinator of Student Conduct that a complaint has been made. The Coordinator will provide the student with a written or ASL statement containing the name of the complainant (person(s) or the University), the procedures for resolving the conflict, and the range of sanctions that may be imposed.
  2. The student must make an appointment for a pre-hearing meeting with the Coordinator of Student Conduct or his/her designee no later than five business days after the letter is received.
  3. If the student fails to arrange a meeting with the Coordinator of Student Conduct within five business days after receipt of the letter or fails to show up at the scheduled pre-hearing meeting to decide how the case will be handled, information in support of the charge(s) will be presented and considered, and a decision will be made in the student's absence.
  4. The student will be informed by the Coordinator of Student Conduct of two possible ways to resolve the case: 1) appear at a scheduled hearing and present his/her case before the Student Board, 2) accept responsibility for the violation(s) as charged, waive his/her right to a hearing and presenting witnesses on their behalf, and accept sanctions imposed by the Coordinator of Student Conduct. In the event of scheduling difficulties or special circumstances warranting it, the complaint may be heard and action decided by an Administrative Student Conduct Board hearing.
  5. The student will be informed by the Coordinator of Student Conduct of two possible ways to handle the case: 1) appear at a scheduled disciplinary conference and present his/her case before the Coordinator of Student Conduct, or 2) accept responsibility for the violation(s) as charged, waive his/her right to a disciplinary conference and presenting witnesses on his/her behalf, and accept sanctions imposed by the Coordinator of Student Conduct.
  6. The student will be notified at least 72 hours in advance of the time, date, and location of the hearing. Hearings will be conducted in private.
  7. A single hearing may be held for more than one person charged in cases arising out of a single or multiple occurrence(s). The Coordinator of Student Conduct will make such determinations. However, each student retains the right to have his/her case heard individually.
  8. The student will have reasonable access to inspect and review case information pertaining to the case prior to and during the disciplinary hearing.
  9. The student may appear in person and present relevant information to the Student Conduct Board, and may call witnesses. While efforts will be made to accommodate the schedules of all parties involved, scheduling conflicts or failure of witnesses to appear will not constitute grounds for a continuance of the hearing. The student will have the opportunity to hear and question all participants at the hearing. Should the student elect not to appear at the hearing, it will be held in the absence of the student. In such instances, the information in support of the charge(s) will be presented and considered even if the student is not present.
  10. Students may be accompanied by an advisor of their choice. The student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in the disciplinary hearing. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. In consideration of the limited role of an advisor, a student should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the hearing at the discretion of the Coordinator of Student Conduct.
  11. The Board may, by majority vote, limit the number of witnesses because of redundancy or irrelevancy.
  12. The student may remain silent to preserve the right against self-incrimination. In such cases, other available information will be considered.
  13. Formal rules of processes, procedures, and/or technical rules of evidence will not be applicable to campus disciplinary proceedings conducted pursuant to this Code. Any information or testimony the Board or the Coordinator of Student Conduct believes to be relevant may be considered.
  14. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and or/genuine fears of confrontation of the complainant, respondent, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, videophone, or video conference, as determined to be appropriate by the sole judgment of the Coordinator of Student Conduct.
  15. The Coordinator of Student Conduct will exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the respondent, who disrupts a hearing may be excluded by the Coordinator of Student Conduct.
  16. After the hearing, the Student Conduct Board will determine whether the student is responsible for the violation with which he/she is charged. All parties, the witnesses, and the public will be excluded during Board deliberations. All decisions apply the preponderance of the evidence standard; the Student Conduct Board's determination will be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct. The burden of proof rests on the complainant. The respondent will be entitled to a rationale of any decision, and a letter summarizing the decision and any disciplinary sanctions, if applicable, will also be sent to the respondent except in certain cases where the complainant will also receive a letter summarizing the decision and any disciplinary sanctions, if applicable.
  17. The student will be informed in person and writing of the right to appeal a decision to the Dean of Student Affairs and Academic Support. A decision or judgment of the Student Conduct Board or the Coordinator (or Director) of Student Conduct may be appealed by either or both of the parties involved on the following grounds:
    • Procedural irregularity that affected the outcome of the matter. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
    • There is new or newly discovered information that could not have been produced at the hearing that could affect the outcome of the matter. In order for the Associate Dean of Student Center Programs and Services (or the Dean of Student Affairs and Academic Support, if the Associate Dean served as hearing officer in the case) to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original conference, such information and/or facts must not have been known at the time of the original conference by the appellant.
    • The sanction imposed was clearly inappropriate and/or disproportionate to the conduct for which the person was found responsible

An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five business days of the date the parties were notified of the decision. In an appeal case, action assessed by the initial Student Conduct Board or the Coordinator of Student Conduct may be held in suspense until acted upon in appeal, at the discretion of the Dean of Student Affairs or his/her designee. The Coordinator of Student Conduct will convey pertinent information to the Dean of Student Affairs or his/her designee. The Dean of Student Affairs or his/her designee may affirm or reverse the decision, or modify the sanction originally assessed. The Dean of Student Affairs or his/her designee may decide to remand the matter back to the Coordinator of Student Conduct to reopen the hearing, if appropriate. The decision of the Dean of Student Affairs or his/her designee is final and is not appealable.

No release of information about a case heard by a Student Conduct Board is permitted except jointly by the Coordinator of Student Conduct and a higher administrative authority.

All Student Conduct hearings will be closed to the public in order to protect the confidential nature of the proceedings.

Any Student Conduct Board member will elect to abstain from participation in a hearing when the member has a duality of interest in the case or a personal reason that precludes participation without prejudice. The parties will be shared a list of potential panel members during the pre-hearing meeting.  All objections to any panel member must be raised in writing, detailing the rationale for the objection, and must be submitted to the Coordinator of Student Conduct as soon as possible and no later than three (3) business days prior to the hearing.  Panel members will only be removed if the Coordinator of Student Conduct concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).  

Because of time concerns and the expenses it would incur, provision for written transcripts of campus disciplinary hearings is not required.

The Coordinator of Student Conduct will determine the rules of procedure in addition to those stated herein, and all procedural questions are subject to the final decision of the Coordinator of Student Conduct.