Student Conduct System

Overview

The student conduct process is an extension of the educational mission of the University. The process is intended to educate students about appropriate behavior and the potential consequences of one’s actions and choices. It promotes learning, personal responsibility, self-discipline, respect for others and self, and the support of the educational values of the community.

The University President has delegated the responsibility for matters of student conduct to the Vice President for Student Affairs. In an atmosphere of mutual respect, this responsibility has traditionally been shared by members of the Butler community—students, faculty and administration alike.

Unless specifically stipulated elsewhere in University policy, the Vice President for Student Affairs has designated the Dean of Students to serve as the primary officer responsible for addressing unacceptable conduct or action by any student that involves an infraction of University rules and regulations. The Vice President and the Dean of Students have designated other staff members to assume various roles within the conduct system. “Vice President” in this section should be read as “Vice President or designee.”

Proposed changes in the student conduct system may be submitted to the Vice President for Student Affairs. The Vice President may consult with any University group affected by a change. Examples of University groups include, but are not limited to, the Appeals Board and student government association.

The Butler University student conduct system consists of administrative conduct reviews both informal and formal. Appeals of administrative decisions can be heard by the Appeals Board. At all levels, these proceedings are not to be construed as legalistic judicial trials, but care shall be taken to provide a fundamentally fair process for the review of a student’s conduct.

Further:

Alleged violations of University rules and regulations may be brought to the attention of the Vice President by any member of the University community and from external constituencies.
The Vice President or designated conduct officer shall investigate reported student misconduct, initiate conduct procedures when warranted and, after giving the student written notice of the charges, provide the student the opportunity to present their own version of the incident or occurrence.
The conduct officer may discuss the situation with or advise any student whose conduct is called into question, and students shall attend such meetings as requested by the conduct officer. Failure to comply will result in additional conduct action.
The “parties” to a student conduct review are the student(s) or organization alleged to have violated the University’s rules and regulations and the representative from the Office of the Dean of Students. A person alleging the violation(s) is considered a “witness,” and therefore does not have a right to appeal a student conduct decision.
References to “days” means “calendar days,” except where otherwise stipulated.

When the Dean of Students or designee has reasonable cause to believe that a student’s presence poses 1) an actual or potential disruption to the University and/or, 2) a significant risk to the health, safety, or welfare of others or to property, the student may be temporarily suspended from the University or campus housing. “Dean of Students” in this section should be read as “Dean of Students or designee.”

The Dean of Students will notify the student in writing of the interim suspension as soon practicable.
The interim suspension will remain in effect until the conclusion of student conduct procedures or upon modification by the Dean of Students.
The student may, within five (5) days of the imposition of the interim suspension, petition the Dean of Students to have the interim suspension modified or removed. The petition must be made in writing by the student, and must include supporting documentation that would demonstrate that the student does not pose, or no longer poses the concerns noted under 1 and 2 above. The Dean of Students will render a decision without undue delay.

All allegations of student misconduct (except those that fall under the Sexual Misconduct Policy) will be resolved through a meeting with a designated conduct officer. Students will receive a charge letter via their official Butler e-mail address that briefly describes the incident, the alleged violations of rules/policies in question, and the date of the conduct review meeting. Reviews will be scheduled around classes and students are expected to attend or make an alternate arrangement in advance of the scheduled meeting. Those who fail to attend scheduled conduct reviews will be held responsible for the findings.

Students will have three (3) days advance notice of the review (excluding official University breaks) although students may waive their right to three (3) days notice and arrange for an earlier resolution of the case. This request should be made in writing.
The student may not challenge the assignment of the conduct officer for an administrative review.
In advance of a conduct review or appeal at any level, students may seek guidance and assistance from the Dean of Students or designee who is located in Atherton Union 311, 317-940-9470.
Students are entitled to obtain a written statement of the results and findings of the review. This will normally be provided within seven (7) days after the conclusion of the review.
A student engaged in an administrative review has a right to one appeal.
Students engaged in direct or indirect retaliatory behaviors towards persons participating in the conduct process are subject to conduct charges and sanctions.

This administrative review will be either informal or formal as described below:

Informal—The conduct officer meets individually with the accused student.

The conduct officer will review the process, the student’s rights, and answer the student’s questions.
The conduct officer will review the incident report and other relevant information.
The student shall have the right to review and respond to the information related to the incident and to provide information on their behalf.
The student may attend with an advisor of his/her choosing but generally informal reviews involve only the accused student and the conduct officer. (See bullet below in formal review description for more detail about the role of the advisor).
Reviews are presumed closed.
At any time during the Informal Review the student or the conduct officer may determine that a Formal Review is needed and will then be scheduled.

Formal—This format is similar to the Informal Review but requires more structure and planning as witnesses may be called to participate..

This format will be selected if suspension or dismissal is a possible outcome.
A Formal Review may be selected if the student would like to call witnesses or involve an advisor of their choosing. A student may want to choose this option if parallel criminal charges are pending.
The student shall have the right to review and respond to the information related to the incident and to provide information on their behalf.
The student and the conduct officer may exchange names of witnesses, at least three (3) days in advance of the review date. Witnesses are considered those who can directly inform the alleged incident. Character witnesses are not permitted. Witnesses not identified in advance according to this time frame may not be allowed to participate. The conduct officer will make a good faith effort to include witnesses. Written statements may be accepted and are subject to verification by the conduct officer.
A student engaged in a Formal Review may be assisted by an advisor. The advisor serves as a support person and is intended to be of direct assistance to the student throughout the review process. The advisor may not actively participate or interfere with the review process and may not be a witness.
Beyond witness and advisor participation, reviews are presumed closed.

After conducting an investigation and an informal or formal review, the conduct officer shall have the authority to determine whether the student is responsible or not responsible for the violation(s) and, as warranted, the officer shall assign an appropriate sanction(s). The decision is based on the totality of the information available to the conduct officer. The officer will find the student responsible if they reasonably conclude that it is more likely than not that the student violated University policies/rules.

1. Students may appeal the outcome of an administrative review within three (3) days of the date of the notification letter/e-mail. Appeals are coordinated by the Dean of Students or designee. The Dean is available to meet with students to explain process and procedures and to assist in all aspects of the appeal process. “Dean of Students” in this section should be read as “Dean of Students or designee.”

2. Appeals must be submitted in writing to the Dean of Students. The written appeal must be clear, specific, and contain a detailed statement regarding the grounds for appeal. Appeals are not rehearings, and are not granted because the student disagrees with the original decision or sanctions.

3. Appeals may be considered by an Appeal Board. It is not the intent or purpose of the appeal process for the Board to rehear the information that was presented during the administrative review. Grounds for appeal are limited to the following:

a) A procedural error or omission that significantly impacted the outcome of the review (e.g. substantial deviation from established procedures, not afforded rights as outlined in the Student Handbook, etc.). Appeals based on procedural error or omission must outline the following:

Citation of specific procedural error with appropriate reference to the Student Handbook; and
Reasons(s) why the error or omission would significantly impact the original decision.

(b) To consider new information, unknown or unavailable during the original review or investigation, that could significantly impact the original finding or sanction. Withholding information during or declining to participate in the administrative review is not grounds for an appeal based on new information. Appeals based on new information must outline the following:

Source of the new information and explanation of that information;
Name(s) of who can present this information;
Reasons(s) why this information was not presented during the administrative review; and
Reasons(s) why this information would significantly impact the original decision.

4. Each Appeal Board will be comprised three members selected from a group of trained faculty, staff, and students. Additionally the Dean of Students shall be present as the non-voting chairperson (ex officio).

5. The Dean of Students will notify the student in writing the composition of the Appeal Board at least 3 days before the review. Students shall have the right to challenge, for cause, the membership of any member(s) of the Appeal Board due to prejudice or conflict of interest.

The challenge must be stated in writing and presented to the Dean of Students within 24 hours after the student has received notice of the review. The Dean of Students shall make the final determination whether the member(s) challenged shall be replaced by alternatives from the group of Appeal Board members.

6. Appeals considered by the Appeal Board will be based on a review of the written appeal and relevant materials from the administrative review, however the Appeal Board may request to convene an in person review of the submitted information. If an in person review is requested by the Appeal Board, students may have one advisor present. The advisor may act in an advisory capacity only and may not actively participate in the procedure (e.g. advisors may not ask questions or provide statements).

7. Following the review of relevant information, the Appeal Board may:

Uphold, modify in part, or overturn the original decision;
Reduce, affirm, or increase sanctions;
Remand the case to the original or a new conduct officer.

8. Decisions made by the Appeal Board are final.

Download the Appeals Flowchart

Student Application for Appeal Board Membership

Visit Butler University’s Sexual Misconduct Policy regarding the appeals process for reported incidents of sexual misconduct.

Sanctions

The sanctions below may be imposed:
- Warning letter: An official letter sent to a student who has violated a University rule or policy or to whom a letter should be sent to warn a student regarding failure to comply with University rules or regulations in the future. A copy of this letter shall be placed in the student’s conduct file.
- Probation: A period of observation and review during which a student must demonstrate a willingness and ability to comply with all University regulations.The terms of the probation shall be for a specified period and may include restriction of participation in leadership roles and co-curricular activities, among other stipulations.
- Restitution: The student is required to provide reimbursement for (a) damage to, destruction of, or misappropriation of, University property or property of any person or the University premises, (b) personal or other injuries inflicted.
- Other Sanctions: Other sanctions may include, but are not limited to, restrictions on student privileges, forfeiture of financial assistance, monetary fines, extra work hours (e.g., in residence halls), community restoration and/or community service, reflection paper, research assignment, completion of an educational program, referral for alcohol or drug assessment, letter of apology, or personal apology.
- Suspension: The student is suspended from continuing at the University for a specified period. While a suspension is in effect, a student may not, without the expressed permission of the Dean of Students:
  (a) Attend classes, or participate in any University-sponsored event or activity; or
  (b) Be present on University-owned or affiliated property, including University approved housing units.
  To be considered for return, a suspended student 1) must meet all stipulations outlined in their sanction letter and 2) must receive approval from the Dean of Students.
- Dismissal: The student is dismissed permanently from the University. This sanction is noted on the student’s transcript (See Student Conduct Records). Dismissed students are permanently trespassed from University property.
Notwithstanding the provisions of the University’s refund policies, if any student conduct action results in the suspension or dismissal of a student, the University may refuse to refund, in whole or in part, such student’s tuition and fees.
A student who is suspended or dismissed from the University for conduct reasons may be provisionally withdrawn from classes pending the outcome of the student conduct process. If the process is not completed by the time semester grades must be submitted, the student may receive a grade of “I,” pending the outcome of the process. This allows her/him to complete the course should the suspension or dismissal be reversed through the appeal process. Tuition and fees for the semester in which she/he is suspended or dismissed may be forfeited as determined by the University at its sole discretion.
Student conduct action taken against a student shall become a part of the student’s educational and/or personnel records. Such records shall be considered in determining the appropriate sanction in a particular case.

Administrative Actions are distinct from sanctions and, if assigned by a University official, are not subject to appeal:

Breaches in the residence hall contract may result in administrative actions such as a room reassignment in on-campus housing. Students may be banned from living in or entering a residential facility indefinitely or for a specified period.
No contact orders (NCOs) are issued between two or more students to create personal space. Ground rules are established and apply to all involved so that each person may better navigate campus. The goal is for each person to respect the dignity and sense of security of the other(s). Students access to designated areas of campus could be restricted for a period of time. NCOs could extend through students’ graduation. Verified violations of an NCO may lead to additional conduct action.
Student account holds may be applied; this can impede a student’s ability to register for next semester courses or do business with the University.
The University reserves the right to notify parents of alcohol and drug policy violations as described in the Privacy Rights of Students section of the handbook.
Athletic coaches will be informed when student-athletes are accused of misconduct and/or found responsible for violations of the conduct code.
The Dean of the College of Pharmacy and Health Sciences or designee may be notified when COPHS students are found responsible for code violations.
Failure to observe any imposed sanctions shall constitute a basis for additional sanctions. The University may withhold grades, registration, transcripts, or diplomas until all sanctions have been fulfilled.

The Office of the Vice President for Student Affairs maintains the educational records related to student conduct in accordance with the following:

Records of lower level student conduct action (e.g., written warning, conduct probation) are maintained during the student’s attendance at the University and removed seven (7) years from the date of the incident. This includes students who discontinue enrollment at Butler (e.g., transfers to another institution, drop out).
Higher level student conduct action
(a) The record of a student who has been suspended or permanently dismissed from the University is maintained on a permanent basis in the Office of the Dean of Students.
(b) A student who is permanently dismissed from the University for conduct reasons will have the conduct noted on his/her transcript. A dismissal notation will never be removed from the transcript. The notation shall read “Dismissed Permanently from the University” The date of the dismissal will also be noted on the transcript.
Student conduct records may be released to Butler officials or faculty members if such information is necessary in the discharge of their respective responsibilities.
A student’s conduct record, however, shall not be released to other sources outside the University unless there is written consent from the student, except as specified in the Family Educational Rights and Privacy Act or in accordance with the law. (See Privacy Rights of Students at Butler University.) If required to release record in compliance with student conduct order or subpoena, the University will reasonably attempt to notify the student before complying and in accordance with the law.
Records subject to government reporting will be maintained as required by law.

Greek organizations, which may receive conduct charges for allegedly violating campus policies, state law, or their respective council’s constitution and bylaws, are entitled to an administrative conduct review. If the allegations involve campus policies or state law, a review process will be coordinated by the Office of the Dean of Students. If the allegations involve IFC/Panhellenic council constitution and bylaws or recruitment rules, the matter would be resolved by the IFC/Panhellenic conduct vice president and the respective conduct review board. For more information, contact the Director of Fraternity and Sorority Life.

Note: Any act that denies, deprives, or limits the educational, employment, residential and/or social access, benefits and/or opportunities of any member of the campus community on the basis of their actual or perceived membership in a federally protected class is in violation of the University policy on non-discrimination. Protected classes include but are not limited to: race, sex, religion, ethnicity, national origin, citizenship status, age, sexual orientation, gender, gender identity and veteran or military status.*

All allegations of student or student organization misconduct that are perceived to infringe upon the federally protected civil rights of any member of the University community or its visitors will be addressed through the Sexual Misconduct Policy and Non-discrimination Policy. This will include allegations related to discriminatory or bias-related harassment, sexual harassment, sexual misconduct and hazing among others.

internal resources

internal resources

Student Conduct System

Overview

Sanctions