Hearing Officer Manual

Effective Questioning ............................................................................................................. 35

Investigation and Hearing Etiquette/Tips .............................................................................. 35

Writing Rationales .................................................................................................................. 36

SECTION V. Resources 38

Conduct Hearing Officer Script 38

Conduct Hearing Checklist ..................................................................................................... 41

Student Rights in the Conduct System Acknowledgement ................................................... 43

SECTION VI. Email Guidelines & Templates .............................................................................. 44

Email Guidelines 44

New Evidence after Hearing | Email Template 45

Unsatisfactory Sanction Completion | Email Template .......................................................... 46

Satisfactory Sanction Completion | Email Template .............................................................. 47

Disciplinary Block | Email Template ........................................................................................ 48

SECTION VII. Letter Templates 49

Request for Investigative Interview (RII) | Letter Template 49

Pre-Hearing Letter (PHL) | Letter Template ............................................................................ 50

Decision Letter (DL) | Letter Template ................................................................................... 51

Grounds for Appeal Decision (Grounds Satisfied) | Letter Template ..................................... 52

Grounds for Appeal Decision (Grounds Unsatisfied) | Letter Template 53

Appeal Hearing DL | Letter Template 54

SECTION VIII. Periodic Review .................................................................................................. 55

SECTION I. Student Conduct Process Overview

This manual is designed to onboard Conduct Hearing Officers (CHOs) and act as a continual point of reference throughout the conduct process. Use this manual to ensure that the student conduct process is being adhered to, student rights are reserved, and that all individuals are provided due process in a timely manner.

This manual will be reviewed and updated annually by Division of Student Affairs leadership.

Policy

CHOs are responsible for hearing alleged violations of student affairs policies including, but not limited to, the Anti-Hazing Policy, Internet and Social Media Policy, Resident Guest Policy, Student Activities Policy, Student Alcohol and Drug Policy, Student Code of Conduct Policy, Student Distribution of Literature or Material Policy, and the Student Guest Speaker Policy.

For a complete compendium of student affairs and University policies, please visit: https://liu.edu/about/LIU-policy/policy-by-category-listing/. University policies are reviewed periodically by University leadership and Counsel.

Conduct Hearing Officer Structure

LIU Promise oversees Student Conduct and Community Standards at their respective campuses. Here are the respective hearing officer roles and the level of alleged violations they are responsible for hearing.

1. Primary CHOs. Primary CHOs hear alleged low-level violations. The following student affairs roles may act as Primary CHOs:

• Residence Directors

• Success Coaches

2. Secondary CHOs. Secondary CHOs hear alleged mid-level violations which may include incidents with multiple respondents and/or impact to the campus community. Incidents involving students previously found responsible of multiple low-level violations may be assigned to Secondary CHOs. The following student affairs roles may act as Secondary CHOs:

• Associate Directors

• Sr. Associate Directors

3. Tertiary CHOs. Tertiary CHOs hear alleged high-level violations which may include incidents with multiple respondents and/or severe impact to the campus community. Incidents involving students previously found responsible of multiple low-level and/or mid-level violations may be assigned to Tertiary CHOs. The following student affairs roles may act as Tertiary CHOs:

• Director

• Associate Dean of Students

4. Appellate CHO. Within the Student Bill of Rights, all students have the right to appeal conduct decisions. The following student affairs roles may act as the Appellate CHO for all cases:

• Associate Dean of Students

• Dean of Students (for cases where the Associate Dean of Students acted as the CHO)

LIU Student Conduct Philosophy

The student conduct process is designed to educate students, help them learn the scope of their rights, and to realize the importance of their responsibility as a student citizen of the LIU campus community.

SECTION II. Student Conduct Process Timeline

This is a thorough timeline of the student conduct process, beginning with the receipt of incident reports and concluding with notice of appeal decisions.

Incident Report Received

LIU Promise receives incident reports from Public Safety or through Experience Shark Nation. Incident reports received through Experience Shark Nation may be written by Resident Assistants, On-Call Administrators, On-Call Supervisors, or other LIU Promise staff.

Incident Report Review & Data Entry

The Dean of Students or designee reviews all incident reports for their respective campuses to establish the potential for policy violations.

Some incident reports may warrant further investigation; some incidents may not warrant further investigation (i.e., alleged alcohol violations involving underage students, etc.); some incident reports do not contain policy violations (i.e., fire alarms without cause, etc.); and, some incident reports must be referred to Title IX for further review (i.e., relationship violence, sexual harassment, sexual assault, stalking, and other discrimination based on sex or gender, etc.).

Regardless, the Dean of Students or designee must:

1. Add the incident to the “Case File Tracking” spreadsheet found in the Student Conduct & Community Standards SharePoint drive. Assign a Case File Number and add all other known information (i.e., incident date, incident location, individuals named, alleged violations of everyone, etc.). Case File Numbers are formatted as Year_Campus_###.

a. Note: Conduct case files follow the calendar year and are numbered as they appear on the spreadsheet.

b. Example: 2022-BKLN-024 or 2023-POST-116

2. Create a Case File for the incident. The name of the Case File must match the Case File Number. The Case File is a folder within the SharePoint drive that houses all materials relevant to the case (i.e., incident report, emails between responding and reporting students, supplemental materials, official letters, etc.). Create subfolders for each student involved with the following naming convention: Case File Number_FirstName_LastName_EMPLID

3. Update the status of the incident in the “Case File Tracking” spreadsheet to one of the following options:

a. PS Investigating

b. Promise Investigating

4. Assign an investigator to the “Case File Tracking” spreadsheet if the case warrants further investigation, otherwise, enter “N/A” in the Investigator column. Public Safety will alert you if they are investigating an incident further. Assign a CHO if the case file does not warrant further investigation and can move forward in the student conduct process.

Investigation

Public Safety typically investigates mid- and high-level incidents while Primary CHOs typically investigate low-level incidents. If an investigation is warranted, it must be conducted prior to formal hearings.

Request for Investigative Interviews (RII) must be consistent; therefore, you must ensure you are using the approved template. The investigator must save a copy of the email and PDF in the incident’s Case File.

Investigators must keep the following in mind when issuing RIIs:

• All communications must be sent to the student’s MyLIU email address

• The subject of the email must read Request for Investigative Interview | Case File Number.

• Mark the email as High Importance and request both a Delivery Receipt and a Read Receipt.

• Paste the contents of the letter in the body of the email AND attach the PDF file

• Attach the LIU Student Code of Conduct

• Log the date on which the RII was issued on the “Case File Tracking” spreadsheet

Failure to comply with RIIs will result in student conduct charges for violating the LIU Student Code of Conduct, Respect for Authority, U. Failure to Cooperate, 2. Failure to cooperate with an investigation.

Any supplemental material discovered via investigation (i.e., videos, pictures, witness statements, etc.) must be included in the Case File. This also includes all communication between investigators and students and any notes taken by the investigator.

Once an investigation is concluded, Public Safety and/or the Primary CHO will confer with the Dean of Students or designee to review the findings. The Dean of Students or designee then determines if the case will proceed through the Student Conduct Process.

Refer to the Best Practices section of this manual for additional investigation guidelines and resources.

Compose & Issue Pre-Hearing Letters (PHLs)

After review of the initial incident report and investigation (if needed), the Dean of Students or designee determines if the case will proceed through the Student Conduct Process. If alleged policy violations are found, the Dean of Students or designee will update the status of the incident in the “Case File Tracking” spreadsheet to Issue PHL and will assign either a Primary, Secondary, or Tertiary CHO depending on the severity of the allegations and history of the alleged respondent(s).

PHLs are prepared and issued by the CHO. These letters act as formal notice that the student is being charged with allegedly violating University policy. Therefore, the letters must include all charges.

PHLs must be consistent for all students; therefore, you must ensure you are using the approved template. The PHL must be sent as a PDF file to the student. The CHO must save a copy of the original Microsoft Word document and the PDF of the PHL in the incident’s Case File.

CHOs must keep the following in mind when issuing PHLs:

• All communications must be sent to the student’s MyLIU email address

• The subject of the email must read Important Conduct Information | Case File Number.

• Mark the email as High Importance and request both a Delivery Receipt and a Read Receipt.

• Paste the contents of the letter in the body of the email AND attach the PDF file

• Attach the LIU Student Code of Conduct

• Log the date on which the PHL was issued on the “Case File Tracking” spreadsheet

Once a hearing is scheduled, the CHO must update the status of the Case File to Hearing Scheduled. Students have three (3) business days to respond to the PHL. Students are entitled to one (1) hearing postponement with just cause, at the discretion of the CHO.

**Note: Students have the right not to attend a hearing. If a student exercises this right, they must do so in writing from their MyLIU email address.

Prepare

for the Hearing

Familiarize yourself with key documents which are required for all student conduct hearings: the Conduct Hearing Officer Script and Conduct Hearing Checklist Both documents ensure a consistent and fair process is delivered to all students in student conduct hearings.

Before each hearing:

1. Review the case file, including incident and supplemental reports and materials. **Note: Students have the right to hear testimony and/or see all written statements concerning the charges. Therefore, prepare copies of all materials and redact other student information as needed to ensure confidentiality.

2. Review the PHL and its respective charges. Review the policies that the PHL references.

3. Prepare the Conduct Hearing Checklist to be used during the hearing

4. Think about possible questions you may want to ask the student based on the case file and add them to the Conduct Hearing Checklist

Hold the Hearing

Student conduct hearings are sensitive and require the utmost privacy. Do not hold student conduct hearings in open spaces. Whenever possible, student conduct hearings should be held in person and if not, via Zoom.

Ensure you are using the Conduct Hearing Officer Script, which follows the Conduct Hearing Checklist. The script provides an overview of the student conduct process, explains its philosophy, and then recites the student’s rights in the conduct process.

Also, ensure you are providing students with the Student Rights in the Conduct System Acknowledgement. Students must acknowledge that they have received and understood their rights in the conduct system and that their questions regarding said rights were answered. Students also have a right to reschedule their hearing at a later date after reviewing their rights.

You will then read the incident report (redacted as needed) and provide the student with a copy of all investigative materials (redacted as needed). These documents must be returned to the CHO prior to the conclusion of the hearing. Then, you will read each charge and ask the student if they are responsible, not responsible, or do not wish to comment. Make sure to denote these responses on the Conduct Hearing Checklist.

After they have responded to each charge, the student can provide their account of the incident. When complete, you may ask additional follow-up questions after hearing their verbal statement and other previously prepared questions related to the case file. The student then has an opportunity to make any final statements.

Once this phase of the hearing is concluded, you must advise the student on their forthcoming decision letter and inform them of the appeal process. Lastly, both the CHO and the student must sign the Conduct Hearing Checklist.

If the student provides any supplemental materials of their own for the hearing, you must make a photocopy/scan of each item to add to the Case File.

Remember, students are entitled to one (1) hearing postponement with just cause, at the discretion of the CHO. If a student is unresponsive to their PHL or does not attend their hearing, a hearing is held in their absence using the available evidence discovered during the investigation.

Refer to the Best Practices section of this manual for additional hearing guidelines and resources.

Immediately Following the Hearing

Scan a copy of the signed Conduct Hearing Checklist and the signed Student Rights in the Conduct System Acknowledgement and add the document to the Case File alongside any additional material provided by the student during the hearing. Update the status of the Case File to Determining Responsibility in the “Case File Tracking” spreadsheet.

Sometimes new evidence is presented to the CHO after the hearing(s) is conducted. If so, you must alert all parties involved and inform them of the new evidence and schedule an additional hearing. Refer to the Email Guidelines & Templates section of this guide for the approved email template.

Determine Responsibility

The CHO of the Case File determines whether the respondent is responsible for the charge(s). Decisions must be made and communicated to students within three (3) to five (5) business days. Decisions are made on a preponderance (51 percent) of evidence. To make this determination, the CHO must consider the entire case file, including all investigative findings and hearing testimonies.

Keep in mind that most testimony has some degree of bias and may lead the listener to a single interpretation of an alleged incident. Here are some things that may prove beneficial to consider when weighing the testimony:

• The number of witnesses should not play a role in determining the responsibility

• Ethnicity or acculturation is not an acceptable excuse for irresponsibility to conformity with community standards and regulations

• If one witness claims another has malicious intentions, it should not hold any bearing on your decision unless it can be proven and changes the facts of the case

• Description of the subject given to an officer or other official may help substantiate an identity

To decide responsibility, determine the undeniable facts of the case (e.g., events, circumstances, incidents, or actions that are supported by investigative findings and testimony). Conjecture has no place in fact-finding.

If a hearing was held in the absence of the respondent, the CHO will make their determination based upon the available evidence discovered during the investigation.

Once your determination is made, update the “Decision” column of the “Case File Tracking” spreadsheet with your decision for the charge(s) with Not Responsible or Responsible. If a student is found responsible for any charge(s), you must determine appropriate sanctions before composing and issuing a decision letter.

Determine Sanctions

The purpose of disciplinary action is to encourage appropriate student behavior regarding campus community norms, standards, and policies. When imposing sanction(s), the student’s past disciplinary record will be taken into consideration to determine the appropriate level of action sanctioning.

Appropriate sanctions are determined by the CHO in conjunction with the Dean of Students or designee. Refer to the Sanctions section of this manual for a list of approved sanctions as outlined in the Student Handbook, a matrix for first, second, and third+ offenses of code of conduct principles, and standardized language for use in decision letters.

**Note: All cases where the suspension or dismissal of respondents may be warranted must be reviewed and approved by the Dean of Students.

The CHO reserves the right to provide the student a written directive(s) in lieu of a formal sanction when a preponderance of the evidence is not found to find a student responsible for the alleged violation of the LIU Code of Conduct; if the complete adjudication process is unnecessary to compel compliance/clarify concern; or, in instances where the safety and welfare of the student(s) involved in the incident require additional directives to be completed or followed by the student(s) involved in the incident.

All sanctions must be added by the CHO to the “Case File Tracking” spreadsheet with their due/end dates. Sanctions are typically due two (2) weeks from the date of the decision letter.

Compose & Issue Decision Letter

(DL)

Decision Letters (DLs) are prepared and issued by the CHO. These letters act as formal notice of the outcome of the conduct hearing whether a student is responsible or not responsible for their charge(s).

Regardless of the outcome, a rationale for the decision must be provided in the DL. The rationale of the letter is the CHO’s opportunity to write directly to the student as well as future readers of the DL.

DLs must be consistent for all students; therefore, you must ensure you are using the approved template. The DL must be sent as a PDF file to the student. The CHO must save a copy of the original Microsoft Word document and the PDF of the DL in the incident’s Case File.

CHOs must keep the following in mind when issuing DLs:

• All communications must be sent to the student’s MyLIU email address

• The subject of the email must read Important Conduct Information | Case File Number.

• Mark the email as High Importance and request both a Delivery Receipt and a Read Receipt.

• Paste the contents of the letter in the body of the email AND attach the PDF file

• Attach the LIU Student Code of Conduct

• Log the date on which the DL was issued on the “Case File Tracking” spreadsheet

Refer to the Best Practices section of this manual for guidelines on composing rationales.

Closing Cases

Once the DL is sent, the CHO must update the status of the Case File in the “Case File Tracking” spreadsheet. If the student is found not responsible for the charge(s), mark the case file as Closed. If the student is found responsible for the charge(s), mark the case file as Awaiting Sanction Completion

Appeals

If a student wishes to appeal the sanction of a DL, they may request an appeal to the Appellate CHO. A request for an appeal must be made in writing via the student’s MyLIU email within three (3) business days of receipt of the decision. Once the request is received, the Associate Dean of Students will update the status of the “Case File Tracking” spreadsheet to Appeal Requested. Requests for appeals will be granted only if they meet certain criteria.

Grounds for an appeal include:

• Significant procedural rules were not adhered to, to the detriment of the party requesting the appeal

• Sanction, only if found to be arbitrary or capricious and not in keeping with the gravity of the violation

• New and credible evidence, with these stipulations:

1. Evidence was not knowable at the time of the hearing, and 2. Evidence reasonably has a material effect on the decision.

Grounds for Appeal Decision Letters as to whether at least one (1) of the above criteria has been met and if an appeal hearing will be held are issued by the Appellate CHO. Refer to the templates section of this manual to ensure consistency. The Appellate CHO must save a copy

of the letter in the incident’s Case File. Decisions regarding appeal hearings must be sent within three (3) business days.

The Appellate CHO must keep the following in mind when issuing decisions regarding holding an appeal hearing:

• All communications must be sent to the student’s MyLIU email address

• The subject of the email must read Important Conduct Appeal Information | Case File Number

• Mark the email as High Importance and request both a Delivery Receipt and a Read Receipt

• Paste the contents of the letter in the body of the email AND attach the PDF file

• Attach the LIU Student Code of Conduct

• Log the date on which the Grounds for Appeal Decision Letter was issued on the “Case File Tracking” spreadsheet

The decision of the Appellate CHO is final, and no further appeals are permitted. If grounds for appeal have been met, the student is required to an appeal hearing with the Appellate CHO within three (3) business days.

The Appellate CHO hears the appeal and reviews all written materials or statements. A written Appeal Decision Letter is sent to the student who made the appeal within five (5) to seven (7) days of the hearing. The decision of the Appellate CHO is final, and no further appeals are permitted.

The Appeal Decision Letter is formatted similarly to the DL and includes a rationale. Refer to the templates section of this manual to ensure consistency. The Appellate CHO must save a copy of the Appeal Decision Letter in the incident’s Case File. Appeal Decision Letters must be sent within five (5) to seven (7) days of the hearing.

The Appellate CHO must keep the following in mind when issuing Appeal Decision Letters:

• All communications must be sent to the student’s MyLIU email address

• The subject of the email must read Important Conduct Appeal Information | Case File Number

• Mark the email as High Importance and request both a Delivery Receipt and a Read Receipt

• Paste the contents of the letter in the body of the email AND attach the PDF file

• Attach the LIU Student Code of Conduct

• Log the date on which the Appeal Decision Letter was issued on the “Case File Tracking” spreadsheet

The Appellate CHO then updates the “Case File Tracking” spreadsheet with the outcome of the appeal hearing. If an appeal hearing is not granted or the sanction(s) is not overturned after an appeal hearing occurs, the student is responsible for the completion of the sanction(s) as outlined in their original DL.

Review Completed Sanctions

Completed sanctions, such as reflection papers, are received by the CHO. As the CHO, follow these steps once completed sanctions are received:

1. Save a copy of all completed sanctions in the Case File and update the “Case File Tracking” spreadsheet with the date of receipt

2. Read each sanction to determine if it meets the standards outlined in the student’s decision letter

3. If the sanction does not meet the standards outlined, send the student an email alerting them that their sanctions are not satisfied. Refer to the approved template to ensure consistency.

4. If the sanction meets the standards outlined, send the student an email alerting them that their sanctions are satisfied. Refer to the approved template to ensure consistency.

a. Update the “Case File Tracking” spreadsheet noting that the sanctions are complete.

b. Mark the status of the Case File on the “Case File Tracking” spreadsheet Closed

Judicial Holds

Students who fail to meet required deadlines for sanctions are placed on Disciplinary Block (DBlock). The CHO will update the status of the “Case File Tracking” spreadsheet with Needs DBlock. D-Blocks are issued by the Dean of Students or designee. Students will remain on DBlock until sanctions are completed. D-Blocks hold the awarding of diplomas and prevent students from adding courses.

Students must be notified of this hold via email. Refer to the approved template for D-Blocks to ensure consistency.

To assign a D-Block or D03 Student Affairs hold in PeopleSoft, navigate to Campus Community >> Service Indicators >> Person >> Manage Service Indicators and search for the student using their LIU ID number or first and last name. Once populated, click Add Service Indicator.

Set the Service Indicator Code to D03 Student Affairs. Set the appropriate reason. For the Post Campus, that is CWPST

Adjust the Start Term and Start Date. Leave the End Term and End Date fields blank.

Update the Contact ID field and the Contact Person will auto-populate.

Lastly, enter the following in the Comments section, then click Apply, then click OK.

Student Conduct and Community Standards hold for past due administrative actions/sanctions. Reference Case File Number {{CASE FILE NUMBER}}; sanctions due {{SANCTION DUE DATE}}. Please contact your Conduct Hearing Officer directly at {{CHO EMAIL ADDRESS}} or the Office of the Dean of Students at DeanOfStudents@liu.edu.

SECTION III. Sanctions

Approved Sanctions

The following sanctions or directives may be imposed at the discretion of the CHO as outlined in the Student Handbook:

1. Administrative Warning. A formal notification to a student documenting that a violation of the Code of Student Conduct has occurred. Warnings may be oral or written. A Verbal Warning may be given to a student indicating that his or her action was in violation of a specific rule. The warning will include an explanation of the rule and possible punishments following a second violation of that rule. Such warnings will be noted in the student’s file.

2. Written Warning. A written notification from a campus official to a student containing a warning that repeated infractions of rules and regulations may result in more severe disciplinary actions, such as suspension. A record of the action is kept by the official writing the letter and in the campus disciplinary files. Examples of violations which would warrant a Written Warning or a more serious sanction include but are not limited to: failure to cooperate, soliciting/commercial activities, ignoring c ourtesy hours. In most cases, a Written Warning may include restrictions and additional sanctions.

3. Disciplinary Probation Serves as a formal notification that the activity in question is unacceptable and that if continued or other inappropriate behavior follows, more severe action may be taken. Additional violations of the Code of Student Conduct while on Disciplinary Probation will likely result in a higher level of inactive sanction. In most cases, Disciplinary Probation will not exceed one year but may include restrictions and additional sanctions such as:

• The terms of probation may include a recommendation for substance abuse/psychological counseling or satisfactory attendance at a substance abuse education workshop, program, or group, or the completion of other projects and service to the campus or its related bodies.

• Students found responsible for violations of the LIU Code of Conduct and placed on disciplinary probation may not hold student leadership positions; e.g., Resident Assistant, Orientation Leader, Peer Mentor, club officer or other student leadership positions at an LIU campus for the duration of the probationary period.

• Students placed on disciplinary probation may be restricted from participating in certain specified events and activities and may be prohibited from entering certain facilities and offices. This may include participation in intercollegiate sports.

• Students on disciplinary probation may also be prohibited from living and/or working on campus during the summer.

• Probation follow-up may include the scheduling of periodic meetings with the Dean of Students or designee and/or disciplinary status reports from other campus officials.

• Violation of any campus regulations during the period of probation will result in further disciplinary action up to and including suspension or expulsion from the residence halls and/or campus. Examples of violations which would warrant Disciplinary Probation or a more serious sanction include but are not limited to those involving: alcohol and/or substance abuse, fire safety, vandalism and ongoing repeated violations.

4. Housing Probation. A higher level of probation status that remains in place for a specified period of time. Housing Probation indicates that any similar or more severe violation of the Code of Student Conduct while on this status will generally result in placement on University Probation and/or the imposition of a suspension or dismissal from University housing.

5. University Probation. The highest level of probation status, which remains in place for a specified period of time. University Probation indicates that similar or more severe violations of the Code of Student Conduct while on this status will result in the mandatory imposition of a suspension or dismissal from the University, the length being a minimum of the balance of the semester or one full semester. University Probation is a serious matter. While on University Probation, certain privileges may not be available to the student based upon the discretion of the hearing officer.

6. Suspension from University Housing. Requires moving out of housing for the length of time specified at the hearing. Requires Dean of Students Consultation.

7. Housing Dismissal. Requires permanently moving out of housing. The student may not reapply for residency and is permanently banned from University housing. Requires Dean of Students Consultation.

8. Delay in Awarding Degrees. The University reserves the right to delay the awarding of any degree in instances where an allegation remains pending against a student. Requires Dean of Students Consultation.

9. Revocation of Degree. A student may have his/her degree revoked, and such revocation would be noted on the student’s academic transcript. Requires Dean of Students Consultation.

10. Suspension (Held in Abeyance). Suspension, Held in Abeyance, may be for a specific period of time up to a maximum of one year. A person who has been Suspended, Held in Abeyance, may be permitted to attend classes provided that there be no further violations of LIU’s policies. Further violations of LIU’s policies will result in the

immediate imposition of the sanction of Suspension without further disciplinary proceedings. Suspension, Held in Abeyance, may include Special Conditions or restrictions. Requires Dean of Students Consultation.

11. University Suspension. Requires that the student no longer be present on any LIU owned or leased property for the time specified at the hearing (minimum of one semester or the balance of the semester). While on suspension, a student may not take courses to advance his or her degree. Students cannot be readmitted until after the date their suspension ends, nor may they register or pre-register for the following semester’s courses. The graduation date will be adjusted upon readmission according to the length of the suspension. Students should contact their academic dean’s office for additional information about the impact of a University suspension upon their graduation date. In addition, students who have been suspended from the university may have lost certain privileges upon their return to the University at the discretion of the hearing officer including, but not limited to, study abroad and leadership position restrictions. Students returning from University Suspension will have a sanction of University Probation for at least one full semester upon their return to campus. Requires Dean of Students Consultation.

12. Dismissal from the University. Requires that the student completely and permanently sever any and all connection with LIU’s undergraduate, graduate, and professional schools. A dismissal for conduct reasons will be indicated on the student’s transcript. Requires Dean of Students Consultation.

13. Privilege Sanctions. Privilege sanctions limit and/or restrict a student from being able to participate in and/or utilize specified programs, services, and/or processes.

14. No Contact Order/Campus Restriction. Student is banned from being present on specified areas of the campus.

15. Restrictions. Denial of the use of certain facilities or the right to participate in certain activities or privileges for a specified period of time may be imposed.

16. Fines. Fines will be assessed for some policy violations, including but not limited to: solicitation, unauthorized entry/exit, alcohol and drugs, smoking, and fire safety.

17. Residence Halls Room Re-Assignment. One or more students may be required to move to a different space in the residence halls. The student shall be required to move to the new assignment within a specified period of time or be subject to immediate suspension from the residence halls.

18. Additional Sanctions. Additional sanctions such as educational classes, mandatory referrals to the Center for Healthy Living, community service projects, negative service

indicator, or disciplinary block on the student’s account, payment of damages, and campus restrictions may be imposed.

Sanction Matrix | Respect for Oneself Violations

RESPECT FOR ONESELF

1st OFFENSE 2nd OFFENSE 3rd+ OFFENSE

Violence or Threat of Violence Center for Healthy Living referral

Center for Healthy Living referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Center for Healthy Living referral, University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Further offenses may result in Suspension (Held in Abeyance), or University Suspension

Alcohol and Drugs Policy

AOD Class, Fine, or Community Service

Associate Director referral is required for all EMS intoxication transports

Center for Healthy Living referral, Reflection Paper, and Written Warning.

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal Conduct Unbecoming of a Student Community Service or Reflection Paper

Written Warning

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Sanction Matrix | Respect for Others Violations

RESPECT FOR OTHERS

Stalking and/or Aggravated Stalking

1st OFFENSE

2nd OFFENSE 3rd+ OFFENSE

Refer to the Title IX Coordinator Verbal or Physical Harassment

Written Warning, Order of No Contact/Campus Restriction, Director of LIU Promise Referral, and Reflection Paper

Associate Dean of Students referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Center for Healthy Living referral, University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Further offenses may result in Suspension (Held in Abeyance), or University Suspension NonDiscrimination/AntHarassment Policy

Written Warning, Order of No Contact/Campus Restriction, Director of LIU Promise Referral, and Reflection Paper

Associate Dean of Students referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Center for Healthy Living referral, University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Further offenses may result in Suspension (Held in Abeyance), or University Suspension

Hate and Bias Crime Policy

Written Warning, Order of No Contact/Campus Restriction, Director of LIU Promise Referral, and Reflection Paper

Associate Dean of Students referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Center for Healthy Living referral, University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Further offenses may result in Suspension (Held in Abeyance), or University Suspension

Internet and Social Media Policy

Peer Mediation

Community Service or Reflection Paper

Reflection Paper

Written Warning and Residence Halls Room Re-Assignment

Written Warning

Director of LIU Promise referral, Disciplinary Probation (1 semester), and Housing Probation

Roommate Bill of Rights

Weapons and Dangerous Items

Written Warning, Director of LIU Promise Referral, and Reflection Paper

Associate Dean of Students referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

(1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Center for Healthy Living referral, University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Further offenses may result in Suspension (Held in Abeyance), or University Suspension

Violence or Threat of Violence

Written Warning, Order of No Contact/Campus Restriction, Director LIU of Promise Referral, and Reflection Paper

Associate Dean of Students referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Center for Healthy Living referral, University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Further offenses may result in Suspension (Held in Abeyance), or University Suspension

Sexual Misconduct/Title IX Policy

Theft and/or Possession of Stolen Property

Refer to the Title IX Coordinator

Community Service or Reflection Paper, Fines (Restitution)

Written Warning

Director of LIU Promise referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Hazing

Written Warning, Director of LIU Promise Referral, and Reflection Paper

Associate Dean of Students referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Center for Healthy Living referral, University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Further offenses may result in Suspension (Held in Abeyance), or University Suspension Fire Safety Community Service or Reflection Paper, Fines

Disruption of Campus Community Community Service or Reflection Paper

Written Warning

Director of LIU Promise referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Written Warning

Director of LIU Promise referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Sanction Matrix | Respect for Property Violations

RESPECT FOR PROPERTY

Vandalism

Community Service or Reflection Paper, Fines (Restitution)

Written Warning Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Computers

Community Service or Reflection Paper, Fines (Restitution)

Written Warning

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Sanction Matrix | Respect for Authority Violations

RESPECT FOR AUTHORITY

Illegal Possession of Keys, Access Cards/Codes, Unlawful Entry, Exit or Presence

Community Service or Reflection Paper, Fines

Written Warning Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Failure to Abide by the Guest Policy

Community Service or Reflection Paper, Fines

Written Warning Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal Smoking Community Service or Reflection Paper, Fines

Written Warning Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Traffic Regulations

Community Service or Reflection Paper, Fines

Written Warning Associate Director referral, Disciplinary Probation (1 semester),

Solicitation/Commercial Activities Community Service or Reflection Paper, Fines

Written Warning

and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Gambling Community Service or Reflection Paper, Fines

Written Warning

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Failure to Cooperate Community Service or Reflection Paper, Fines

Written Warning

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from

Notice of Student Assembly Policy Community Service or Reflection Paper, Fines

Written Warning

University Housing, or Housing Dismissal

Associate DIrector referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Violation of University Policies Community Service or Reflection Paper, Fines

Written Warning

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Sanction Matrix | Honesty Violations

HONESTY

1st OFFENSE 2nd OFFENSE 3rd+ OFFENSE

Honesty and Integrity Community Service or Reflection Paper, Fines

Written Warning

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal Forgery and Falsification of Records Community Service or Reflection Paper, Fines

Written Warning

Associate Director referral, Disciplinary Probation (1 semester), and Housing Probation (1 semester; if applicable)

Further offenses may result in University Probation (1 year), Suspension from University Housing, or Housing Dismissal

Sanction Inserts for Decision Letters

1. Written Warning

This letter serves as a Written Warning. All student documentation remains on file with the University. Should at any time a repeat of similar behavior occur, further disciplinary actions will be taken. Future actions may result in fines, written sanctions, referrals, and/or restrictions.

2. Disciplinary Probation

Effectively immediately, you are placed on Disciplinary Probation through {{END DATE}}. Further violations of University policies during this probationary period may result in additional and more significant sanctions including, but not limited to, University Probation.

3. Housing Probation

Effective immediately, you are placed on Housing Probation through {{END DATE}}. You are permitted to continue to reside in University housing; however, further violations of University policies during this probationary period may result in additional and more significant sanctions including, but not limited to, Suspension from University Housing or Housing Dismissal.

4. University Probation

Effective immediately, you are placed on University Probation through {{END DATE}}. Further violations of University policies while on this status may result in the imposition of a suspension or dismissal from the University.

5. Suspension from University Housing

(requiresDeanofStudentsConsultationtoimpose thissanction)

Effective immediately, you are suspended from University housing through {{END DATE}}. It is your responsibility to immediately vacate your residence hall assignment under the supervision of the Office of Public Safety. Please note that students who are suspended or dismissed from University Housing are not eligible for housing or meal plan refunds. You may reapply for residency once the probationary period has ended.

6. Housing Dismissal (requiresDeanofStudentsConsultationtoimposethissanction)

Effective immediately, you are dismissed from University Housing. It is your responsibility to immediately vacate your residence hall assignment under the supervision of the Office of Public Safety. Please note that students who are suspended or dismissed from University Housing are not eligible for housing or meal plan refunds. You may not reapply for residency and are permanently banned from University Housing.

7. Suspension (Held in Abeyance) (requiresDeanofStudentsConsultationtoimposethis sanction)

Effective immediately, you are suspended from the University, held in abeyance, through {{END DATE}}. During this period, you are permitted to attend classes provided that there be no further violations of University policies. You are not permitted to participate in any other campus activities. Further violations of LIU’s policies will result in the immediate imposition of Suspension without further disciplinary proceedings.

8. University Suspension (requiresDeanofStudentsConsultationtoimposethissanction)

9. Effective immediately, you are suspended from the University through {{END DATE}}. During this period, you are not permitted to be present on any University-owned or leased property and are not permitted to take courses to advance your degree. You cannot be readmitted to the University until after the suspension period, nor may you register or pre-register for the following semester’s courses. Once your suspension has concluded, you will be placed on University Probation for one full semester upon your return to campus. While on University Probation, further violations of University policies may result in the imposition of a suspension or dismissal from the University.

10. Dismissal from the University (requiresDeanofStudentConsultationtoimposethis sanction).

Effective immediately, you are dismissed from the University. Dismissal requires the complete and permanent severance of any and all connection with LIU’s undergraduate, graduate, and professional schools. This dismissal will be indicated on your transcript.

11. Privilege Sanctions

Effective immediately, you are restricted from {{EVENT/ACTIVITY/LOCATION}} through {{END DATE}}. Failure to comply with this restriction may result in more severe sanctions including, but not limited to, University Probation.

12. No Contact Order/Campus Restriction

Effective immediately, you are restricted from contacting {{NAME}} through {{END DATE}}. This includes contact made via verbal and written communication, and thirdparty communication via social media outlets and others. Failure to comply with this restriction may result in more severe sanctions including, but not limited to, University Probation.

13. Restrictions

Effective immediately, you are restricted from {{EVENT/ACTIVITY/LOCATION}} through {{END DATE}}. Failure to comply with this restriction may result in more severe sanctions including, but not limited to, University Probation.

14. Fines

You are being charged a fine of {{AMOUNT}} as restitution for {{CAUSE}}. Payment is required by close of business on {{DATE}} and must be made via check payable to Long Island University.

15. Residence Halls Room Re-Assignment

Effective immediately, you are being assigned a new University housing assignment through {{END DATE}}. You must vacate your current assignment by {{DATE & TIME}}. Failure to comply with this reassignment may result in more severe sanctions including, but not limited to, Suspension from University Housing.

16. Community Service

You are required to complete {{#}} hours of community service. The Success Coach and LIU Cares Coordinator will provide you with service opportunities. You must contact them at {{EMAIL ADDRESS}} by {{DATE}}. Upon completion of your community service hours, it is your responsibility to have confirmation sent to me on official letterhead from the charity and/or organization with which you volunteered. After completing your required hours of community service, you must compose a 2–3-page, doublespaced reflection paper in 11-point Arial font which addresses the following topics:

• Reflect on the policies you were found in violation. Why do they exist? What purpose do they serve?

• If placed in the same situation again, how and why would your actions be similar or different?

• How and why did you choose the community service project you did?

• What did you learn and/or gain from performing community service? How does this relate to the violations for which you were found responsible?

17. Reflection Paper

You must compose and submit to me a Reflection Paper by November 18. Your paper must be 2–3-pages, double-spaced, using 11-point Arial font, and must addresses the following:

• Reflect on the policy(s) you were found in violation. Why do they exist? What purpose(s) do they serve?

• If placed in the same situation again, how and why would your actions be similar or different?

• What did you learn and/or gain from participating in this student conduct process?

18. Referral (CFHL or Dean of Students)

You are required to meet with {{Individual}}, {{Job Title}}, to discuss this incident no later than {{Date}}. It is your responsibility to contact {{Individual}} to schedule this meeting at {{Individual’s Email Address}}

SECTION IV. Best Practices

Maintaining Case Files

Maintaining accurate Case Files is an integral part of conducting a fair and equitable Student Conduct process for all students. Every email sent and received by each student must be entered into the Case File, as well as all investigative materials, incident reports, and the Conduct Hearing Checklist.

Follow the below steps to ensure accurate record-keeping:

1. Add the incident to the “Case File Tracking” spreadsheet found in the Student Conduct & Community Standards SharePoint drive. Assign a Case File Number and add all other known information (i.e., incident date, incident location, individuals named, alleged violations of everyone, etc.). Case File Numbers are formatted as Year_Campus_###.

a. Note: Conduct case files follow the calendar year and are numbered as they appear on the spreadsheet.

b. Example: 2022-BKLN-024 or 2023-POST-116

2. Create a Case File for the incident. The name of the Case File must match the Case File Number. The Case File is a folder within the SharePoint drive that houses all materials relevant to the case (i.e., incident reports, emails between responding and reporting students, supplemental materials, official letters, etc.). Create subfolders for each student involved with the following naming convention: Case File Number_First Name_Last Name_EMPLID

3. All documents and emails sent and received to each student must be saved within their Case File subfolder with the following naming convention: Case File Number_ First Name_Last Name_EMPLID_Document Name_Date

• D-Block Issued

Appeal Requested

• Closed

Lastly, ensure that ALL fields of the “Case File Tracking” spreadsheet are completed for each student within each Case File. These fields must be updated throughout each student’s process.

Effective Questioning

When conducting investigations and hearings, avoid answers that can be answered with “yes” or “no.” Valuable information is gathered during hearings through conversation so it is critical that students provide thorough and thoughtful answers. Open-ended questions allow the student to answer more broadly, yielding more information.

On occasion, it is helpful to ask a direct closed-ended question to establish an individual’s affirmation for the record. It is also important to ask the “obvious” questions on occasion, such as “Were you aware that taking credit card information is a violation of University policy?”

Do not offer multiple-choice questions to respondents. Such questions present students with choices you deem appropriate and are an ineffective tool for hearing officers.

Lastly, do not be alarmed if a question is asked and the respondent does not respond immediately. Allow students ample time to think without undue pressure to respond quickly. If the student needs clarification, let them ask for it; do not assume that they do not understand the question.

Investigation and Hearing Etiquette/Tips

During every hearing, remember these tips for conducting effective hearings:

1. During the investigative phase of the conduct process, get creative to find resources that provide as close to a complete picture as possible. Search for videos, images, text messages, emails, etc. that are relevant to the incident. Interview as many people as possible to ensure a complete picture.

2. Conduct thorough investigations you do not want to go into a hearing unprepared.

3. Conduct hearings in private and comfortable environments. Whenever possible, conduct hearings in person

4. Avoid group hearings whenever possible for incidents involving multiple respondents.

5. Be polite and comforting this process may be perceived by some students as negative and punitive. Be sure to reiterate the philosophy of the process and be reassuring. Answer questions honestly and be clear/transparent regarding the process.

6. Do not “victim-blame.”

7. If a student brings an advisor, remind both the student and the advisor that the advisor cannot speak on their behalf during investigations/hearings.

8. Objectively listen to everything that is said and take detailed notes.

9. Use inclusive and non-judgmental language.

10. Examine the time/date sequence of the incident. Ask clarifying questions to follow up on contradicting information.

11. Prepare your questions in advance. Avoid questions that are not relevant to the hearing.

12. Do not forget to ask the “obvious” questions to clarify a point and to make sure important information is accurately understood.

13. Avoid jumping from one line of questioning to another; attempt to examine one area completely before moving to another.

14. Maintain your concentration throughout the hearing and remain attentive. Good body language and eye contact should be demonstrated throughout the hearing.

15. Be sure that you clarify any conflicting information before you enter the decisionmaking process

a. Continue to ask questions until you have all the facts regarding the incident.

b. Do not wait until you are deciding the outcome and then start guessing at reasons why the information presented was conflicting.

16. Never accuse a student or participate in heated arguments. Maintain your composure even if others do not.

17. Remember that a decision about responsibility should never be made prior to a hearing. A decision should be made based on the preponderance of evidence considering the testimony provided by the student during the hearing alongside all investigatory materials.

Writing Rationales

The rationale section of the DL is the CHO’s opportunity to write directly to the student and explain how a determination of responsibility was made. This is helpful for students to better understand their outcomes as well as future readers of the DL, such as Appellate CHOs. Rationales are required for all DLs, regardless of responsibility.

A rationale should be able to “stand alone.” If a student reads the rationale section of their decision letter, it should be clear to them (without having to read the report for the case) why they are (or are not) being found responsible. A statement that simply reads “because you accepted responsibility during your hearing” does not suffice when considering the “standalone” point of reference. However, if a student accepts responsibility for violating policy, their acceptance of responsibility can be used as a portion of the overall rationale.

Rationales should clearly respond to each of the alleged violations for which a student has been charged. The rationale should cover all listed violations regardless of whether the student has been found responsible for that violation.

It is important that the rationale is strong and includes as much evidence/investigative findings/testimony as possible.

Here is an example of a satisfactory rationale from an Appeal Decision Letter for a student who was found responsible for violating the University’s Honesty policy:

First, on March 23, 2022, we met to review the documents in this case file at your request. At this meeting and again in your appeal letter dated March 27, 2022 you presented new evidence demonstrating how the timestamp of cell phone media may be altered. However, during your hearing with [redacted], you confirmed that the times and dates of the media were accurate, identified yourself and others in the media, and stated the setting of the media was near the CVS in which you allegedly had purchased medicine for [redacted]. Therefore, this new evidence has no “material effect on the decision” as outlined in the above grounds for an appeal (LIU Post Student Handbook, 2021, p. 35).

Second, you state in your appeal letter “The second point I would like to bring to your attention is the fine I am being charged. It was brought to my attention it was reimbursement towards the fees I incurred on this trip, however, I have paid all trip fees on my own, except for the fee I was supposed to be reimbursed for. The hotel stay I did not stay in the hotel room the organization purchased. I stayed in a separate hotel room from the members.” You also state “There is nothing that was paid for in my behalf on that trip that I owe to this organization.”

It was confirmed that conference attendees were responsible for transportation to and from the conference, as well as the $45.00 conference registration fee. Conference attendees were able to request reimbursement for the $45.00 conference registration fee; however, your reimbursement was withheld due to the ongoing investigation and subsequent finding of responsibility.

As part of the delegation attending this conference, lodging was provided for you and paid for on your behalf by Student Government Association (SGA) funds allocated to CNAfME. It was confirmed that the conference delegation stayed in five rooms at Best Western The Inn at Rochester Airport for three evenings checking-in December 2, 2021 and checking-out December 5, 2021 with approximately four attendees assigned to each room. The total cost of lodging incurred to the organization was $2,081.65 or $104.08 per individual. Therefore, I do not find this sanction of $105.00 in restitution to be “arbitrary or capricious” and believe it is in “keeping with the gravity of the violation” (LIU Post Student Handbook, 2021, p. 35).

Third, in your appeal letter you state “I am being put under probation for the rest of my time here at LIU Post. This punishment is unfair, especially for a case that does not prove my guilt. The sanctions placed on me for this is more severe than a Title IX sanction, and I truly do not believe the gravity of this is not worse than a Title IX procedure.”

The Disciplinary Probation outlined in your decision letter is in effect until March 10, 2023. According to the LIU Post Student Handbook (2021), Disciplinary Probation “serves as a formal notification that the activity in question is unacceptable and that if continued or other inappropriate behavior follows, more severe action may be taken” (p.33). Therefore, I do not find this sanction of Disciplinary Probation to be “arbitrary or capricious” and believe it is in “keeping with the gravity of the violation” (LIU Post Student Handbook, 2021, p. 35).

In conclusion, I find that the grounds for an appeal have not been met and the sanctions outlined in your March 14, 2022 decision letter will be upheld. Please note that this decision is final and no further appeals are permitted.

SECTION V. Resources

Conduct Hearing Officer Script

INTRODUCTION & OVERVIEW

Thank you for attending today’s hearing. I am {{First Name}} {{Last Name}} and I am the {{University Title}}. I will be the hearing officer for this case. I want to begin the hearing by giving you a brief overview of our student conduct process, as well as answer any questions that you might have. I’ll spend some time reviewing your rights as a student and then I will read the incident report to you followed by the alleged violations. I will then provide you with a copy of the other materials within the case file for your review. Please note that some information within the case file may be redacted to ensure confidentiality.

You’ll have the opportunity to respond to each of the charges by indicating whether or not you believe you are responsible for each charge. After responding to the charges, I’ll invite you to share more about your statements as they pertain to the incident. After I’ve heard your testimony, I may have some questions for you, and then the hearing will be complete. When the hearing is over, I will weigh the facts and make a decision about responsibility and sanctions. You will receive my decision via your MyLIU email account.

PHILOSOPHY

The student conduct process is designed to educate students. The purpose of the process is to help students learn the scope of their rights and to realize the importance of their responsibility as a student citizen of the LIU campus community. This is a formal hearing and is not comparable to a criminal or civil trial. For this reason, students will be found “responsible” or “not responsible” rather than “guilty” or “not guilty.”

STUDENT RIGHTS

Students have the following rights in the conduct system:

1. To request in writing prior to the Administrative Hearing that any person conducting an Administrative Hearing be disqualified on the grounds of conflict of interest.

2. To be considered innocent of the charges until proven responsible by a preponderance (51 percent) of evidence.

3. To have prior knowledge of the charges and have the charges explained clearly and fully at every level of the conduct process.

4. To be advised by a person of their choice. Advisors must be members of the campus community. Advisors may not speak during the proceedings and advisors may not be attorneys.

5. To hear testimony and/or see all written statements concerning the charges.

6. To refute oral and written statements made by witnesses.

7. Not to participate in their proceedings, understanding that in their absence, the case will be determined on the evidence presented.

8. To be advised of the appropriate appeal process.

9. If a student is determined to be the victim of violence or threat of violence as defined by the Family Educational Rights and Privacy Act, that student may request written notification of the final sanctions assessed to the student responsible for misconduct.

Do you understand your rights as they are stated? [Mark response on Conduct Hearing Checklist].

Do you have any questions thus far about this process or the student conduct process?

INCIDENT REPORT & CASE FILE REVIEW

I will now read the incident report to you. [Read the incident report with other student information redacted].

I will now provide you with a copy of all case file documents for you to review at your own pace. These documents must be returned to me before we end today’s meeting. Please take your time to review each item carefully. When you are finished reviewing the documents, please let me know so we can proceed with the hearing. [Provide the student with a copy of all case file documents with student information redacted.]

STUDENT AFFIRMATION OF CHARGES

I will now reach each policy that you have been charged with allegedly violating. Please share whether you feel you are RESPONSIBLE, NOT RESPONSIBLE, or DO NOT WISH TO COMMENT for each violation. [Mark response on Conduct Hearing Checklist].

STUDENT STATEMENT

At this time, I ask that you please share with me what happened on the day of the incident.

[Student gives statement].

QUESTIONNING

Thank you for sharing your statement with me. I have prepared a few questions regarding this incident, the case file materials, and the testimony you just shared.

NEXT STEPS

Thank you for answering my questions. And thank you again for meeting with me today. I will deliberate on this case and you will receive a written copy of my decision via your MyLIU email account. If you are found responsible of any of the charges discussed today, you have the right to appeal. Instructions for the appeal process will be included in your decision letter. You must contact the Associate Dean of Students to request an appeal within three (3) business days of receiving your decision letter.

Please note that the following items satisfy grounds for an appeal:

• Significant procedural rules were not adhered to, to the detriment of the party requesting the appeal.

• Sanction, only if found to be arbitrary or capricious and not in keeping with the gravity of the violation.

• New and credible evidence, with these stipulations: a. Evidence was not knowable at the time of the hearing, and b. Evidence reasonably has a material effect on the decision.

If you have any questions after today’s hearing or think of additional information that may be helpful in making a determination of responsibility for this case, please do not hesitate to contact me. If new information becomes available regarding this case after today’s meeting and before I render a decision, we may have an additional hearing to review and discuss the additional findings.

Conduct Hearing Checklist

An editable PDF file of this two-page checklist can be found in the Student Conduct & Community Standards SharePoint drive.

Student Rights in the Conduct System Acknowledgement

SECTION VI. Email Guidelines & Templates

Email Guidelines

When sending emails at any point throughout the student conduct process, please ensure the following:

• All communications must be sent to the student’s MyLIU email address

• The subject of the email must include the Case File Number.

• Mark the email as High Importance and request both a Delivery Receipt and a Read Receipt.

• Paste the contents of the letter in the body of the email AND attach the PDF file (if applicable)

• Save a copy of the email in the Case File

All email communications, including copied and pasted conduct letters, MUST contain the following message at the bottom of the email:

IMPORTANT NOTICE: Thise-mailandanyattachmentsmaycontainconfidentialorsensitiveinformationwhichis, ormaybe,legallyprivilegedorotherwiseprotectedbylawfromfurtherdisclosure.Itisintendedonlyforthe addressee.Ifyoureceivedthisinerrororfromsomeonewhowasnotauthorizedtosendittoyou,pleasedonot distribute,copyoruseitoranyattachments.Pleasenotifythesenderimmediatelybyreplye-mailanddeletethis fromyoursystem.Thankyouforyourcooperation.

New Evidence after Hearing | Email Template

SUBJECT: IMPORTANT CONDUCT UPDATE re: CASE FILE {{Case File Number}}

{{Date}}

Dear {{First Name}} {{Last Name}} {{EMPLID}},

This email serves as formal notice that new information regarding this Case File has become available since your original conduct hearing on {{Hearing Date}}.

You must schedule an additional hearing with me within three (3) business days from the date of this notice to review and discuss this new information. Please contact me at {{CHO Email Address}} to schedule the hearing. Complete information regarding the student conduct process is available in the LIU Student Handbook, found at https://liu.edu/about/LIU-policy/policy-by-category-listing

Students are entitled to one (1) hearing postponement with just cause, at the discretion of the Hearing Officer. As indicated in the Student Rights in the Conduct System, all students have the right “to be advised by a person of their choice. Advisors must be members of the campus community. Advisors may not speak during the proceedings and advisors may not be attorneys.”

It is important that you pay prompt attention to this matter and it is your responsibility to contact me. Failure to schedule a hearing within three (3) business days of the receipt of this notice or failure to attend the hearing on the chosen date will result in a hearing being held in your absence. If a hearing is held in your absence, a determination of responsibility of the alleged charge(s) will be made solely on the incident report and investigative findings.

All decision letters will be sent to your MyLIU email address. It is your responsibility to check your MyLIU email address, in a timely fashion, for updates regarding their status in the student conduct process.

Sincerely, {{CHO First Name}} {{CHO Last Name}} Case File {{Case File Number}} Hearing Officer

{{CHO University Title}} {{CHO Phone Number}} {{CHO Email Address}}

IMPORTANT NOTICE: Thise-mailandanyattachmentsmaycontainconfidentialorsensitiveinformationwhichis, ormaybe,legallyprivilegedorotherwiseprotectedbylawfromfurtherdisclosure.Itisintendedonlyforthe addressee.Ifyoureceivedthisinerrororfromsomeonewhowasnotauthorizedtosendittoyou,pleasedonot distribute,copyoruseitoranyattachments.Pleasenotifythesenderimmediatelybyreplye-mailanddeletethis fromyoursystem.Thankyouforyourcooperation.

SUBJECT: UNSATISFACTORY SANCTION COMPLETION re: CASE FILE {{Case File Number}}

{{Date}}

Dear {{First Name}} {{Last Name}} {{EMPLID}},

This email serves as formal notice that your submission does not satisfy the administrative action(s) outlined in your decision letter dated {{Decision Letter Date}}.

Failure to satisfy your administrative actions by the due date listed in your decision letter will result in a Student Affairs Community Standards hold on your LIU account until your administrative actions are completed as requested. Student Affairs Community Standards holds block students in enrollment activity.

If you have any questions, please do not hesitate to respond to this message or contact me at {{CHO Phone Number}}.

Sincerely,

{{CHO First Name}} {{CHO Last Name}} Case File {{Case File Number}} Hearing Officer

{{CHO University Title}} {{CHO Phone Number}} {{CHO Email Address}}

IMPORTANT NOTICE: Thise-mailandanyattachmentsmaycontainconfidentialorsensitiveinformationwhichis, ormaybe,legallyprivilegedorotherwiseprotectedbylawfromfurtherdisclosure.Itisintendedonlyforthe addressee.Ifyoureceivedthisinerrororfromsomeonewhowasnotauthorizedtosendittoyou,pleasedonot distribute,copyoruseitoranyattachments.Pleasenotifythesenderimmediatelybyreplye-mailanddeletethis fromyoursystem.Thankyouforyourcooperation.

Satisfactory Sanction Completion | Email Template

SUBJECT: SATISFACTORY SANCTION COMPLETION re: CASE FILE {{Case File Number}}

{{Date}}

Dear {{First Name}} {{Last Name}} {{EMPLID}},

This email serves as formal notice that you have satisfied the administrative action(s) outlined in your decision letter dated {{Decision Letter Date}}. Your case file is now closed.

Long Island University is committed to maintaining a safe, welcoming, and educational environment for its entire community. Should you need further support or services, I encourage you to utilize resources here on our campus. I remind you that Public Safety is accessible 24 hours per day, 365 days per year, by dialing {{Public Safety Phone Number}}. In addition, the Center for Healthy Living is located in {{CFHL Location}} and can be reached by dialing {{CFHL Phone Number}}.

I appreciate your participation in this process. If you have any questions, please do not hesitate to respond to this message or contact me at {{CHO Phone Number}}.

Sincerely,

{{CHO First Name}} {{CHO Last Name}} Case File {{Case File Number}} Hearing Officer

{{CHO University Title}} {{CHO Phone Number}} {{CHO Email Address}}

IMPORTANT NOTICE: Thise-mailandanyattachmentsmaycontainconfidentialorsensitiveinformationwhichis, ormaybe,legallyprivilegedorotherwiseprotectedbylawfromfurtherdisclosure.Itisintendedonlyforthe addressee.Ifyoureceivedthisinerrororfromsomeonewhowasnotauthorizedtosendittoyou,pleasedonot distribute,copyoruseitoranyattachments.Pleasenotifythesenderimmediatelybyreplye-mailanddeletethis fromyoursystem.Thankyouforyourcooperation.

Disciplinary Block | Email Template

SUBJECT: COMMUNITY STANDARDS HOLD re: CASE FILE {{Case File Number}}

CC: CONDUCT HEARING OFFICER

{{Date}}

Dear {{First Name}} {{Last Name}} {{EMPLID}},

This email serves as formal notice that you failed to satisfy your administrative action(s) by the due date(s) listed in your decision letter dated {{Decision Letter Date}}. Effective immediately, a Student Affairs Community Standards hold will be placed on your account until your administrative actions are completed as requested. Student Affairs Community Standards holds block students in enrollment activity.

If you have any questions, please do not hesitate to respond to this message or contact me at {{Associate Dean of Students Phone Number}}.

Sincerely,

{{Associate Dean of Students First Name}} {{Associate Dean of Students Last Name}} Associate Dean of Students {{Associate Dean of Students Phone Number}} {{Associate Dean of Students Email Address}}

Cc: {{CHO First Name}} {{CHO Last Name}}, Case File {{Case File Number}} Hearing Officer

IMPORTANT NOTICE: Thise-mailandanyattachmentsmaycontainconfidentialorsensitiveinformationwhichis, ormaybe,legallyprivilegedorotherwiseprotectedbylawfromfurtherdisclosure.Itisintendedonlyforthe addressee.Ifyoureceivedthisinerrororfromsomeonewhowasnotauthorizedtosendittoyou,pleasedonot distribute,copyoruseitoranyattachments.Pleasenotifythesenderimmediatelybyreplye-mailanddeletethis fromyoursystem.Thankyouforyourcooperation.

SECTION VII. Letter Templates

Delete all highlighted text and replace all text enclosed in brackets {{}}. For editable versions of all the letters in this section, visit the Letter Templates folder within the Student Conduct & Community Standards SharePoint drive.

Request for Investigative Interview (RII) | Letter Template

Pre-Hearing Letter (PHL) | Letter Template

Grounds for Appeal Decision (Grounds Satisfied) | Letter Template

Grounds for Appeal Decision (Grounds Unsatisfied) | Letter Template

SECTION VIII. Periodic Review

All aspects of this Hearing Officer Manual will be subject to review at the end of each academic year and may be amended, expanded, or withdrawn as deemed necessary and appropriate by the Dean of Students or designee.