The purpose of the Student Conduct Code is to determine if a student has engaged in misconduct, and, in those cases in which it is determined that the student has engaged in misconduct, to impose appropriate sanctions. Baylor University employs the following procedures in fulfilling this purpose.
A. Preliminary Procedures
1. Report of ChargeB. Procedures Applicable to an Administrative Hearing
A person wishing to report an allegation of student misconduct shall notify the associate dean for student conduct administration who will conduct an investigation of the charge.
2. Notice of Charge
If, after an investigation, the associate dean for student conduct administration determines that the University should take University disciplinary action, the associate dean for student conduct administration, or his or her designee, shall prepare and send to the accused student a written notice of the alleged misconduct. The notice must include:(a) a summary of the specific behavior that allegedly violates the Student Conduct Code,The written notice will be sent to the student at either his or her Baylor e-mail account or the student's local mailing address appearing on his or her record in the office of the registrar. Students are to provide an updated mailing address to the office of the registrar. A letter sent to the student's Baylor e-mail address, local mailing address, or home mailing address listed in the office of the registrar will constitute full and adequate notice. Failure to receive University notices because of an incorrect address provided by the student will not relieve the student of responsibility for responding to the notice.
(b) the basis of the accusation, and
(c) the student's responsibility to meet with the associate dean for student conduct administration, or his or her designee, within three business days following notice of the charge.
3. Preliminary Conduct Hearing
Only the student conduct officer and the accused student may be present at this meeting. At the meeting between the student conduct officer and the accused student, the accused student shall admit or deny the charge; but the student conduct officer shall instruct the student that if the charge is admitted, no hearing will be held and the student shall sign a statement waiving the opportunity for any future hearing, and that sanction(s) will be imposed based on the sanctions outlined in Article IV and procedure outlined in paragraph 4, Section A of Article VI. The student will also be advised that if the charge is denied, the student may request either an administrative hearing, held in accordance with Section B of Article VI, or a hearing before the Student Conduct Board, held in accordance with Section C of Article VI.
4. Procedures Applicable to Admitted Charge
The student conduct officer shall impose appropriate sanctions against a student who admits to having committed an act of misconduct. In determining appropriate sanctions, the student conduct officer may review the student's academic and disciplinary records. Other factors that may be considered include the student's attitude and the nature and weight of the misconduct. The student conduct officer may impose any reasonable sanctions he or she deems appropriate; but if the student conduct officer feels that suspension or expulsion is the appropriate sanction for the act of misconduct, he or she shall first confer with the vice president for student life, or the vice president's designee, before imposing such a sanction.
5. Procedures Applicable to Denied Charge
If the accused student denies the charge of student misconduct and requests a hearing, the student conduct officer shall set the date, time, and place of the hearing and notify the accused student. Unless postponed in accordance with paragraph 6 of Section B or paragraph 9 of Section C, or Section G of Article VI, the hearing must be conducted within 21 business days after the accused student's official recorded denial of the charge or within a reasonable amount of time if the hearing timeframe would fall during a University holiday, break in the semesters, during the summer months, or when a quorum of the Student Conduct Board is not available. The notice of hearing must also include: (a) a summary of the specific behavior that allegedly violates University policies, (b) the names of anticipated witnesses against the student and a brief summary of the witnesses' anticipated testimony, and (c) a brief description of any other anticipated evidence against the student. If written evidence will be relied upon in whole or in part to establish a violation, the accused student shall be given an opportunity to examine the evidence prior to the hearing. The student should contact the associate dean for student conduct administration with a request to review the written evidence. The associate dean shall make reasonable arrangements for the accused to have sufficient time to access such writings. All records will be made available at the Judicial Affairs office or other mutually agreed location.
6. Waiver of Hearing
An accused student who fails to meet with the student conduct officer within three business days following notice of the charge without just reason for failing to do so waives the opportunity for a hearing and any future hearing. In such cases, the student conduct officer may find the accused student has committed the alleged act of misconduct and a sanction(s) will be imposed based on the sanctions outlined in Article IV and procedure outlined in paragraph 4, Section A of Article VI.
Modified: 6-11-12; 2-24-2017