Conduct Process
The conduct process has been developed to provide an educational and progressive due process for each respondent. Student conduct is not punitive; however, sanctions can include monetary fines and/or fees as well with the temporary (suspension) or permanent (expulsion) from the University.
Rights
Respondents have the following rights:
- The respondent has the right to be informed of the charges against them in writing via UToledo email.
- The hearing will be conducted in a fair manner as outlined in the The Student Code of Conduct.
- The respondent has the right to be assisted by an advisor of their choice, who is
not acting in the capacity of a lawyer or attorney. The advisor, upon the request
of the respondent, may:
- Advise and assist the respondent in the preparation and presentation of their defense;
- Accompany the respondent at all conduct hearings; and
- Advise and assist the respondent in the preparation and presentation of appeals.
- The respondent has the right to request a copy of the incident report.
- The respondent has the right to call a reasonable number of witnesses, who may be
subject to questions from the hearing administrator.
- Names and contact information of witnesses must be provided to the hearing administrator at least two business days prior to the hearing.
- The respondent has the right not to appear or to remain silent at the hearing.
- In the event that the respondent fails to appear at the hearing after proper notification, information related to the charges will be examined and considered in the determination of the outcome.
PATHS TO ADJUDICATION
- Respondent (student) accepts responsibility and hearing officer determines appropriate sanctions (responsible; ability to maintain the right to appeal)
- Respondent (student) denies responsibility; moves forward with an Administrative Hearing (responsible or not responsible; the ability to maintain the right to appeal)
- Respondent (student) denies responsibility; decides to proceed with a Student Conduct Hearing Board (responsible or not responsible; maintains the right to appeal)
- Respondent (student) does not show to scheduled meeting and the student conduct process, including a hearing, continues in the respondent’s (student’s) absence (responsible or not responsible; not appealable)
Hearing type
Administrative: The respondent may choose an Administrative Hearing in which the assigned hearing administrator will consider information and evidence to determine if the respondent is responsible or not for the alleged charges. Responsibility is based on the preponderance of evidence. Sanctions, if any, will be issued for those found responsible if there is a preponderance of evidence that a violation did occur.
Student Conduct Hearing Board: The respondent or the Student Conduct Officer may refer a case to Student Conduct Hearing Board to consider information and evidence to determine if the respondent is responsible or not for the alleged charges. Responsibility is based on the preponderance of evidence. Sanction recommendations, if any, will be submitted from the Student Conduct Hearing Board to the Student Conduct Officer who will then issue appropriate sanctions if any.
Title IX Adjudication Panel Hearing: All allegations involving violations related to sexual misconduct will be presented before a Title IX Adjudication Panel. The Adjudication Panel will consider all facts and make a determination of responsibility based on the preponderance of the evidence.
WITNESSES
Students may be contacted by a conduct administrator or fellow student to serve as a witness. Students who are witnesses serve to provide additional information that is important to the investigation.
Being a witness does not mean you are being accused of violating the Student Code of Conduct.