MYTH AND FACTS

This page is dedicated to answering common, troubling, or obscure questions about the University conduct process. It is also designed as an interactive guide. If you don't find your question here, or on the Student Conduct and Community Standards home page, send an e-mail and we'll post your question and answer. (Sorry: this site cannot be used to discuss individual cases.) You can click on the questions you are interested in, or scroll through the answers below.

If I'm involved in a conduct case, will my name be in the paper ?

Nearly all cases are confidential so names or other specific information cannot be released to the press or anyone else not involved. The only exception is when the accused student waives this right and makes the hearing "open". In these situations, our open records law allows disclosure of all information about the case. (Note: Nearly all media have a policy to not use the name of victims of sexual assault. Victims of sexual assault have the right, in most cases, to keep the campus hearing closed and the records confidential.)

How is somebody found guilty in our conduct system?

Our system uses the "innocent until proven guilty" standard. There must be a preponderance of the evidence, enough evidence to tip the scales (i.e.. 51% or "more likely than not"), before a student is found responsible for violating the student conduct code. In less severe cases that decision can be made by a member of the Conduct Program staff, a Complex Director, or a peer tribunal such as the Peer Judicial Board in Housing or the Greek tribunal in the fraternity/sorority system.

Any cases leading to suspension, expulsion, or a negative notation on the student's transcript must go to a formal hearing. There the decision is made by a panel of 3 students and 2 faculty members. (P.S. Before 1998 a hearings officer made the decision instead of a panel. Hearings officers were local attorneys who volunteered their time to act in that role.)

Does being convicted of a University violation give you a criminal record?

The University process does NOT lead to anyone being "convicted of a crime." It is a process to determine if a student is to be found responsible for violating the Student Conduct Code and other campus regulations. It can only result in a University student discipline record which is maintained for a finite time. There is no criminal record that automatically results.

Can someone become a "rapist" as a result of a University charge?

A complaint made to the University can result in someone being found responsible for violating the code offense titled "sexual misconduct." That provision has two sections which define "rape" and "sexual assault." (In the Code, see section 571-21-030, #20) Those definitions are not the same as the Oregon criminal code.

What are the appeal rights in our system?

Unless the student waives it, there is the right to appeal in all formal hearings of the conduct program. Appeals are limited to specific issues. Formal hearings can only be appealed based on a procedural error or on the basis of the evidence not substantiating the sanctions.

If a case is appealed, are the sanctions waived while the appeal is being decided?

Usually sanctions still go into effect even when the case is appealed. Regulations state that the sanctions should only be stayed pending the appeal when the following conditions apply: 1) there is irreparable harm done to the accused, 2) there is a "colorable claim" that an error was made in the original decision, or 3) substantial public harm will result from the sanction not being imposed.

Is the case reheard by the University Appeals Board?

No, the Appeals Board only looks at the record of the case and memo's submitted by the parties to the case in making their decision. The board can only decide if there were serious errors made in the case, or if they think the sanctions are appropriate.

Can the President veto a decision made under the Conduct Program?

No, the final decision is made for the University by the University Appeals Board, which is a committee of the University Senate. The President does have the authority to ask a hearing panel or appeals board to rehear or reconsider a case. He or she may make recommendations and offer advice to resolve the case. If the Appeals Board is asked to reconsider a case, the Board may decide to refer it back to the original hearings panel (or officer) to remedy any concerns.

How long does it take to resolve a case?

Cases that are handled informally are often resolved within a couple of weeks. Any time a formal hearing is required, the process takes longer. All parties have the right to investigate the case. It takes time to arrange for a day when all the parties and the hearing panel are available. The accused student then has the right to at least 10 days notice before the hearing actually takes place. That whole process often takes 4-6 weeks.

Once a decision is made, the student then has ten days to file a notice of appeal. Getting materials prepared and the Appeals Board scheduled to meet typically takes about a month.

How is the campus process different from a criminal charge?

The two main differences are that University rules are different from criminal statutes and the "standard of proof" is different. In criminal cases the evidence must be "beyond a reasonable doubt" (like 95%) whereas on campus the standard is the "preponderance" (like 51%) unless the student is to be expelled. Expulsion, which is permanent separation from the University, requires the evidence standard of "clear and convincing" which is higher than preponderance but lower than beyond a reasonable doubt.

Other differences are that the campus process is usually confidential and the University's jurisdiction is more limited. The process is a hearing instead of a "trial."

Can criminal charges be filed at the same time as a campus complaint?

Yes: the criminal justice system and the student conduct process are completely independent. Student victims are encouraged to discuss their situation with a police officer to help decide if they wish to file a criminal charge as well. In most cases, it is up to the victim to decide if he or she wishes to file a criminal charge. This is not something the University, or any other third party can do on their behalf.