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Every college has its own established policies and procedures for dealing with misconduct allegations, but the process is similar for each. The following is a general overview of what to expect if you are facing a misconduct allegation.
Complaint
Depending on the severity of the allegation, the process either begins with a complaint being filed with the college's disciplinary office or a report being made to the police department. If it is an alleged crime the police department will conduct its own investigation and will likely report its investigation to the college’s disciplinary office. Once the disciplinary office receives the complaint they will send you notice of the complaint by way of an email to your school account or letter to your listed address. This form of notice is considered sufficient to apprise you of the complaint. This notice usually consists of a brief statement of what you are alleged to have done and the requirements you have under the code of conduct to respond to the complaint. However, if the alleged conduct is criminal, you may first be contacted by local law enforcement including campus police. It is important to note that upon receiving the complaint in the mail or being approached by law enforcement you should contact a lawyer or if you are a Scholar Protect member you should call the Scholar Protect 24-hour call center immediately.
Investigation
Typically, an investigator is assigned by the disciplinary office coordinator to investigate the complaint. The investigator will interview the complainant and supporting witnesses and review materials, including emails, text messages, and videos. The investigator will also interview you and your supporting witnesses and review your materials. It is crucial that you understand the allegation, identify defenses to the allegation andsecure all evidence that supports your defense at this stage of the process. Upon completion of the investigation, the investigator will prepare a report which will include his findings. Depending upon your college's process, that report may be submitted to the Dean of the College or a panel of university officials who will hear the disciplinary proceeding. You are entitled to review a copy of the investigator’s reports. This is your opportunity to learn what evidence was presented to the investigator and the investigator's opinion on that evidence. You should begin preparing for the hearing by carefully reading the report and identify what additional information you need to collect to effectively address the allegation and the investigators opinion. The college will allow you to review the report on campus at a designated location but will not let you take a copy with you. You should be allowed to take notes and spend as much time as you reasonably need to go over the report. You should include your lawyer or advisor in this process as it is the only chance you will have before the hearing is conducted.
Hearing
Once the investigation is completed and you have read the investigators report, you are given a hearing in front of a panel. The panel typically consists of administrators and faculty members of the university. While you are allowed a lawyer or advisor to be present with you, neither can participate during the hearing. This places a great deal of importance on utilizing a lawyer (or advisor) to assist you in the pre-hearing preparation of information. The way evidence is presented to the panel may have a significant effect on the outcome. The panel will have the investigator's report, hear the evidence from both sides, and determine if you violated the code of conduct. If they determine you violated the code of conduct, they have the authority to sanction you. Sanctions can include a reprimand, probation, loss of privileges, community service, fines, suspensions, and expulsion. The panel can determine sanctions the same day of the hearing, or it may take several days before the panel decides. In addition to the hearing described above, under the new rules passed by President Biden that go into effect in August of 2024, colleges are allowed to proceed under the “single investigator model”. This allows the investigator to conduct the investigation, decide based on that investigation whether you violated the school’s code of conduct and to issue any one of the sanctions listed above.
Appeal
If there is an adverse ruling by the panel you are typically entitled to file an appeal with the college. After the final ruling is issued there is usually a short deadline to file the appeal. The college will have a process that allows you to submit in writing the reason you believe the adverse decision by the hearing panel should be reversed. Your appeal will then be assigned to an appeals panel. The appeals panel, like the hearing panel, will be made up of faculty members but shall not consist of the original hearing panel members, investigator, or disciplinary office coordinator.
There are usually extremely limited bases on which you can appeal, including when there is a procedural error that impacted the outcome, when relevant new evidence emerges after the initial decision, or if the person overseeing the case displayed bias or a conflict of interest. Appeals based on disproportionate penalties, lack of substantial evidence or personal dissatisfaction of the outcome are allowed by some schools, but many do not allow an appeal on those grounds. The overwhelming majority of appeals are unsuccessful. If the appeal is denied by the school’s appeals panel the college will consider the matter closed. However, you may file a lawsuit in court against the school alleging that the proceedings violated your due process rights or violated federal guidelines. In addition to those claims you have a right to file a lawsuit under the “erroneous-outcome theory.” In short, that claim suggests that you have demonstrable facts that the outcome was flawed or erroneous, and gender bias is the cause. You are fighting an uphill battle if you must file an appeal. However, the reality is that adverse rulings go into your education file and could have implications on your academic standing, athletic eligibility, financial aid, housing, professional licensure, and future employment.
It is important to note again this is a general overview. Every college has its own policies and procedures. Those will also vary depending upon the type of allegation. If you have received notice of a complaint, you should consult a lawyer immediately then read and understand your school’s procedures. Those procedures usually have extremely specific timelines for each stage of the process. Missing those timelines may cause you to forfeit important rights or may even cause you to lose by default.