Student Conduct Process

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. Students who fail to attend scheduled conduct reviews will be held responsible for the alleged violation(s). References to “days” means “calendar days,” except where otherwise stipulated.

• 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.
• Students will be provided the opportunity to present their own version of the incident or occurrence.
• 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, 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.
• Students registered with Student Disability Services who believe they may need a disability related accommodation, please see the Student Disability Services (SDS) and the Conduct Process section below.

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

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

1. The conduct officer will review the process, the student’s rights, and answer the student’s questions.
2. The conduct officer will review the incident report and other relevant information.
3. The student shall have the right to review and respond to the information related to the incident and to provide information on their behalf.
4. The student may attend with an advisor of his/her choosing, but generally informal reviews involve only the accused student and the conduct officer. 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.
5. Reviews are presumed closed.
6. 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.

1. This format will be selected if suspension or dismissal is a possible outcome.
2. 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.
3. The student shall have the right to review and respond to the information related to the incident and to provide information on their behalf.
4. 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 provide relevant, factual information directly related to the alleged incident based on their involvement. The Dean of Students has the right to determine the relevance of requested witnesses and their ability to participate. The conduct officer will make a good faith effort to include those witnesses deemed relevant. Written statements may be accepted and are subject to verification by the conduct officer. Witnesses not identified in advance according to this time frame may not be allowed to participate. Character witnesses are not permitted.
5. 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.
6. 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.

Sanctions

1. The sanctions below may be imposed:
2. 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.
3. 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. Specifically, students who are on conduct probation are not allowed to participate in social fraternity or sorority recruitment as potential new members or hold any campus leadership position that is supervised by a unit in the Division of Student Affairs (e.g. RA, SOG, peer educator, etc.). Students serving in these positions are role models for other students; they are expected to exhibit high behavioral standards.
4. 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.
5. 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.
6. 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.
7. Dismissal: The student is dismissed permanently from the University. This sanction is noted on the student’s transcript with: “Dismissed permanently from the University.” Dismissed students are permanently trespassed from University property.
8. 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.
9. 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.
10. 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:

1. 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.
2. 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.
3. 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.
4. 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.
5. Athletic coaches will be informed when student-athletes are accused of misconduct and/or found responsible for violations of the conduct code.
6. The Dean of the College of Pharmacy and Health Sciences or designee may be notified when COPHS students are found responsible for code violations.
7. 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.

1. A student or a student organization may appeal the outcome of their 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. The Appeal Board will be comprised of 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

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

Visit Butler University’s Academic Integrity website and scroll to the section titled, “The student’s act of academic dishonesty takes place in a course in which the student is enrolled,” regarding the appeals process for alleged academic integrity violations.

The Office of the Dean of Students maintains the educational records related to student conduct in accordance with the following:

1. 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).
2. 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.
3. Student conduct records may be released to Butler officials or faculty members if such information is necessary in the discharge of their respective responsibilities.
4. 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.
5. Records subject to government reporting will be maintained as required by law.

All social fraternities and sororities that receive conduct charges from the Office of the Dean of Students for allegedly violating Butler’s University Rules of Conduct are entitled to a Student Organization Conduct Review Process. If the allegations involve the Interfraternity Council (IFC) or the Panhellenic Associate (Panhellenic/PHA) student-created constitution(s) and bylaws, or recruitment rules, the matter is resolved by the IFC or Panhellenic/PHA processes. Additionally, social fraternities and sororities may be held accountable by their national or international organization for violating respective policies and processes. It is possible for a social fraternity or sorority to go through the University’s conduct review process, the IFC or Panhellenic/PHA process, and/or the national or international organization process simultaneously. For more information, contact the Dean of Students at deanofstudents@butler.edu.

Students wishing to submit a report of alleged organizational hazing or other organizational conduct concerns may do so through the Butler University Public Incident Report.

Student Organization Conduct Disclosures

Fraternity and Sorority Alcohol Amnesty Policy 

Butler University student organizations are expected to adhere to University regulations as outlined in the University Rules of Conduct. Failure to do so may result in the initiation of a conduct process against the student organization. All policies, procedures, and sanctions set forth in the student conduct process apply to student organizations collectively. Officers of the student organizations are responsible for assuring all their members are in compliance with the University Rules of Conduct. The president of the student organization, or another designated representative of the student organization, will represent the organization if conduct proceedings are initiated against the group.

Students wishing to submit a report of alleged organizational hazing or other conduct concerns may do so through the Butler University Public Incident Report.

All allegations of student organization misconduct (except those that fall under the Butler University Sexual Misconduct Policy) will be resolved through a meeting with a designated conduct officer. Student organizations will receive a charge letter via email to the student organization president’s official Butler e-mail address. The charge letter will briefly describe the incident, the alleged violations of University rules and/or policies in question, and the date of the conduct review meeting. Conduct reviews will be scheduled around classes and the organization president is expected to attend or make an alternate arrangement in advance of the scheduled conduct review. If an organization president or designee fails to attend a scheduled conduct review, the organization will be held responsible for the alleged violation(s).

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

References to “days” means “calendar days, except where otherwise stipulated.

• Student organizations will have three (3) days advance notice of the conduct review (excluding official University breaks), although the organization’s president may waive the organization’s right to three (3) days of notice and arrange for an earlier resolution.
• The student organization may not challenge the assignment of the conduct officer for a conduct review.
• In advance of a conduct review or appeal, the student organization president or designee may seek guidance and assistance from the Dean of Students  who is located in Atherton Union 311, 317-940-9470.
• Student organization presidents will be provided the opportunity to present the organization’s version of the incident.
• Student organizations will receive an outcome letter containing the written findings of the conduct review. This will normally be provided within seven (7) days after the conclusion of the conduct review.  
• A student organization engaged in a conduct review has the right to one appeal.
• Student organizations and/or individual organization members who engage in direct or indirect retaliatory behaviors towards persons participating in the conduct process are subject to additional conduct charges and sanctions.
• If a student organization president is registered with Student Disability Services and believes they may need a disability-related accommodation while participating in the conduct process on behalf of their student organization, please see the Student Disability Services (SDS) and the Conduct Process section below.

The conduct review will be either informal or formal, as described below:

Informal: The conduct officer meets individually with the president of the accused student organization. An advisor to the student organization may also attend the conduct review. The advisor serves as a support person and is intended to be of direct assistance to the student organization president throughout the conduct review process. The advisor may not actively participate or interfere with the conduct review process, and may not be a witness.

• An Informal Conduct Review will take place if suspension (temporary removal) or dismissal (permanent removal) of the student organization are not possible.
• An Informal Conduct Review does not allow for the participation of witnesses.

1. The conduct officer will review the process, the organization’s rights, and answer the student organization president’s questions.
2. The conduct officer will review the incident report and other relevant information with the organization’s president. This may include an investigative summary if an investigation was conducted prior to the conduct review.
3. The student organization’s president shall have the right to review and respond to the information related to the incident, and to provide information to the conduct officer on behalf of the student organization. 
4. Conduct reviews are presumed closed.
5. At any time during the Informal Conduct Review, the student organization’s president or the conduct officer may determine that a Formal Conduct Review is needed. If so, a Formal Conduct Review will then be scheduled.

Formal: Similar to the Informal Conduct Review, the conduct officer meets individually with the president of the accused student organization. However, a Formal Conduct Review requires more structure and planning because witnesses may be invited to participate.

• A Formal Conduct Review will take place if suspension (temporary removal) or dismissal (permanent removal) of the student organization are possible outcomes.
• A Formal Conduct Review may also take place if the conduct officer or student organization president would like to invite witnesses to participate.

1. The student organization’s president 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 provide relevant, factual information directly related to the alleged incident based on their involvement. The Dean of Students has the right to determine the relevance of requested witnesses and their ability to participate. The conduct officer will make a good faith effort to include those witnesses deemed relevant. Written statements may be accepted and are subject to verification by the conduct officer. Witnesses not identified in advance according to this timeframe may not be allowed to participate. Character witnesses are not permitted.
2. The conduct officer will review the process, the organization’s rights, and answer the student organization president’s questions.
3. The conduct officer will review the incident report and other relevant information with the organization’s president. This may include an investigative summary if an investigation was conducted prior to the conduct review, or information from witnesses participating in the conduct review.
4. The organization’s president shall have the right to review and respond to the information related to the incident, and to provide information to the conduct officer on behalf of the student organization. 
5. The organization’s president may attend the conduct review with an advisor of the organization. The advisor serves as a support person and is intended to be of direct assistance to the student organization president throughout the conduct review process. The advisor may not actively participate or interfere with the conduct review process and may not be a witness.
6. Beyond witness and advisor participation, conduct reviews are presumed closed.

In an effort to be transparent with the Butler University community, the Office of the Dean of Students will disclose if a student organization was found responsible for violating Butler’s University Rules of Conduct in the last five years at the link below.

Student Organization Conduct Disclosures

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 race, sex, religion, ethnicity, national origin, citizenship status, age, sexual orientation, gender, gender identity, disability, or veteran/military status is prohibited by the University’s Non-Discrimination Policies.

If a student with a diagnosed disability believes they may need a disability-related accommodation during the conduct review process, the student should notify Student Disability Services (SDS) by emailing sds@butler.edu. The student should also notify the Dean of Students that they are seeking a disability-related accommodation for the conduct review process. If the student is not already registered with SDS for accommodations, they will need to initiate the registration process to receive SDS accommodations while participating in the conduct process. More information on how to register can be found at https://www.butler.edu/disability.

Adherence to the University Rules of Conduct is an essential requirement for all students enrolled at Butler University. If a student with a diagnosed disability believes they may need a reasonable accommodation in order to adhere to the University Rules of Conduct, the student should notify Student Disability Services (SDS) by emailing sds@butler.edu. If the student is not already registered with SDS for accommodations, they will need to initiate the registration process and engage in an individualized discussion with SDS. A determination will be made, in the context of the student’s documentation and individual circumstances, regarding a reasonable plan of accommodation. SDS may consult with relevant and appropriate university personnel in making accommodation determinations. It is the student’s responsibility to adhere to the Rules of Conduct and the student conduct process, with or without a reasonable accommodation; accommodations may not fundamentally alter the student’s responsibility to adhere to either the Rules of Conduct or the student conduct process. Students are advised to start the registration process with SDS as soon as the need for an accommodation is known, as approved accommodations are not retroactive. Students who wish to request accommodations must give written permission for SDS to inform relevant university personnel that the student is a person with a documented disability.

Butler University is committed to treating all individuals within the university, including those with disabilities, in a fair and equitable manner. It is the policy and practice of the university to comply with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Under these laws, no otherwise qualified individual with a disability will be denied access to or participation in services, programs, and activities at Butler University. A qualified individual with a disability is a person who, with or without reasonable accommodations, can perform the essential requirements of a program or a course of study.