- Has the potential to adversely affect and/or create a hostile environment for Students, Employees or Third Parties while on the University campus or other property owned or controlled by the University or in any University employment or education program or activity; or
- Has the potential to adversely affect the educational mission and/or interests of the University.
This includes, but is not limited to, Student Prohibited Conduct that takes place over the phone, online, via email or other electronic mediums. Students should be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a Student to allegations of Student Prohibited Conduct under this policy if evidence of Student Prohibited Conduct is posted online. The University of La Verne does not regularly monitor for this information but may take action if and when such information is brought to the attention of University of La Verne officials.
Non-Traditional-Age and Graduate Programs
Graduate and Non-Traditional Students in the College of Business, the College of Arts and Sciences, the LaFetra College of Educational, the College of Law and Public Service, the College of Health and Community Wellbeing, Regional & On-Line Campuses (ROC), the Campus Accelerate Program for Adults (CAPA) will follow the “Code of Student Conduct” as outlined in this document. Cases of violations of Student Prohibited Conduct under this policy will be referred to the Dean of Students Office. Directors of Regional & On-Line Campuses (ROC) and Director of Student Affairs at the College of Law and Public Service may serve in the role of Administrative Review Officers.
Classroom Conduct
Professors, Program Chair/Directors, and Academic Deans have oversight for classroom conduct. Enrollment in a class may be terminated by an administrative withdrawal due to unsatisfactory conduct in the class; disrespect of an instructor, faculty member, administrator, or staff member; academic dishonesty; judicial misconduct; or sanctions. A faculty member who wishes to request that a student(s) be administratively withdrawn should inform the department chairperson, support the request with evidence that the student(s) was warned either in writing or verbally and notify the Office of Academic Advising. The Office of Academic Advising will process the Administrative Withdrawal and notify the student in writing. All refund and financial aid policies apply.
Classroom conduct may be referred, investigated and addressed under the Code of Student when the alleged behavior is significantly pervasive and/or severe such that it limits an individual’s ability to participate in educational programs at the University and constitutes a violation of the Code of Student Conduct. Classroom conduct may be referred to the Title IX Coordinator when the alleged behavior may constitute a violation of the University’s policies on discrimination and harassment, including the sexual misconduct policy.
Respondent is No Longer a Student
If the Respondent is no longer a Student, the University will minimally engage in reasonably appropriate remedial measures to impacted parties, assist the Complainant in identifying external reporting options, and take reasonable steps to eliminate the behavior, prevent its recurrence, and remedy its effects. The University may chose conduct an Administrative Review into allegations of Student Prohibited Conduct in absentia of the Respondent.
Violations of the Law
Alleged violations of federal, state and local laws may be investigated and addressed under the Code of Student Conduct. When an offense occurs, over which the University of La Verne has jurisdiction, the University of La Verne conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.
The University of La Verne reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint. Interim suspensions will be in effect until an investigation into the Student Prohibited Conduct can be concluded. An interim suspension may be continued if it is reasonable to believe that a danger is posed to the community and the University of La Verne may be delayed or prevented from conducting its own investigation and resolving the allegation by the pendency of the criminal process.
Informal Resolution
Prohibited Student Conduct may be addressed through a University facilitated informal resolution process, provided that the prohibited conduct allegedly violated a) does not pose a significant safety or disruption concern to the University, b) the alleged violation involves a respondent and complainant that are both students, c) the violation is a result or has resulted in an interpersonal conflict, where the resolution of the interpersonal conflict may be beneficial to all parties, d) all parties are amiable to an informal resolution, and e) the University determines an informal resolution would be appropriate.
If an Informal Resolution is appropriate and all parties elect an Informal Resolution:
- An Administrative Review Officer will confer with both Parties and determine the form of Informal Resolution most appropriate.
- The Administrative Review Officer will send a summary of the Informal Resolution process agreed upon to all Parties.
- The Parties must sign the summary to indicate their informed consent to engage in the specific Informal Resolution process.
- If the Informal Resolution process is successful and the Parties agree on the resolution outcome, the Parties will immediately sign a summary of the resolution to indicate their consent to the terms of the resolution, including any obligation on the Parties.
- The Administrative Review Officer will forward the terms of the resolution to the Dean of Students, or their designee for final approval.
- Upon approval by the Dean of Students, or their designee, the agreed upon terms of the resolution will be binding on the Parties.
- The Parties’ compliance with the terms of the resolution will be monitored by the Dean of Students Office and failure to abide may be grounds for a renewed Student Conduct Process.
The parties or the Administrative Review Officer may withdraw agreement to participate in the informal resolution at any time and the proceedings will resume as a standard student conduct Administrative Review.
If an informal resolution is unsuccessful, the proceedings will resume as a standard student conduct Administrative Review
Informal resolution may take a number of forms, including mediation and accepted responsibility, as appropriate and agreed upon by the parties and the Administrative Review Office. Some forms of informal resolution are categorically inappropriate for certain types of allegations.
The University is not bound to offer informal resolution in all cases meeting the above requirements and is, likewise, not bound to offer any specific type of informal resolution process
D. Reporting Options
There are multiple channels for reporting Student Prohibited Conduct. Complainants and Reporters may choose to report to the University, to law enforcement, or to both. These reporting options are not exclusive. Complainants may simultaneously pursue criminal action and action through the University’s Code of Student Conduct. The University will support Complainants in understanding, assessing and pursuing these options.
Reporting to University
Complainants and Reporters may report Student Prohibited Conduct to the University by:
- Contacting the University’s Dean of Students Office or any Staff in the Division of Student Affairs. Contact information for Staff in the Division of Student Affairs is available on the Student Affairs webpage;
- Contacting Campus Safety at 909-448-4950; and/or
- Submitting a report online via the online reporting form. Complaints filed using this form will go to the Dean of Students and/or their designee.
Upon receipt of report of Student Prohibited Conduct under this policy, the Dean of Students or designee will conduct a Preliminary Inquiry, and will provide the Complainant, if known, with information about resources, offer support measures (as needed), and take appropriate action to resolve the reported incident as promptly and equitably as possible.
Reporting to Law Enforcement
Complainants may report Student Prohibited Conduct immediately to a local law enforcement by contacting:
- 911 (for emergencies)
- La Verne Police Department at 909-596-1913 (for non-emergencies)
Police have unique legal authority, including the power to seek and execute search warrants, collect forensic evidence, make arrests, and assist in seeking Emergency Protective Orders.
Preservation of evidence may assist in providing that a criminal offense occurred, or may be helpful in obtaining a protection order.
Although a police report may be made at any time, Complainants should be aware that a statute of limitations may apply to certain law violations. The University will assist Complainants in notifying law enforcement if they choose to do so.
Third Party Reporting to the University
The University urges anyone who becomes aware of an incident of Student Prohibited Conduct to report the incident immediately. Reports may be made by:
- Contacting the University’s Dean of Students Office or any Staff in the Division of Student Affairs. Contact information for Staff in the Division of Student Affairs is available on the Student Affairs webpage;
- Contacting Campus Safety at 909-448-4950; and/or
- Submitting a report online via the online reporting form. Complaints filed using this form will go to the Dean of Students and/or their designee.
Anonymous Reporting to the University
Although the University encourages Students to report Student Prohibited Conduct, the University also provides a means for anonymous reporting through the University’s online reporting form. This system will notify users (before they enter information) that all information provided will be reported to the University for action in accordance with this Policy, and users can provide as much or as little information as they choose.
An anonymous report will be evaluated in the same manner as a report with an identified Complainant or Reporter. Once an anonymous report is submitted, it will be directed to the University’s Dean of Students or designee, who will review the information provided and determine whether further action is necessary in order to protect the health and safety of affected individuals and the University community. Consistent with the provisions of the Policy and the applicable complaint and investigative procedures, the University will respond to any report, including anonymous reports, with a preliminary inquiry and assessment to determine available steps based on the nature and circumstances of any known information.
Reporting Timeframe
There is no time limit for reporting Student Prohibited Conduct to the University under this policy; however, the University’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondents may no longer be affiliated with the University.
E. External Notification
Police Notification
Per AB 1433, the University of La Verne is mandated to report to local law enforcement any report of a Part 1 violent crime (i.e. willful homicide, forcible rape, robbery, or aggravated assault); sexual assault; or hate crime (acts committed because of an actual or perceived characteristic as described in section 422.55 of the California Penal Code). While reporting of acts of violence is mandated by a Campus Safety Authority, reporting of a victim’s identity is not, unless the victim consents. If a victim does not consent to disclosing his or her identity, the alleged respondent’s identity may not be disclosed either.
Clery Act Reporting and Time Warnings
Pursuant to the Clery Act, the University includes statistics about certain offenses in its annual security report and provides those statistics to the United States Department of Education in a manner that does not include any personally identifying information about individuals involved in an incident. The Clery Act also requires the University to issue timely warnings to the University community about certain crimes that have been reported and may continue to pose a serious or continuing threat to Students and Employees. Consistent with the Clery Act, the University withholds the names and other personally identifying information of Complainants when issuing timely warnings to the University community.
Campus Security Authorities
Certain campus personnel – those deemed Campus Security Authorities (CSA) – have a duty to report sexual assault, domestic violence, dating violence and stalking for federal statistical reporting purposes (Clery Act). While personally identifiable information may not be included in the report unless the CSA has a separate duty to report such information, the statistical information must be passed along to Campus Safety regarding the type of incident and its general location (on or off-campus, in the surrounding area) for publication in the Annual Security Report. The Annual Security Report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Designated CSAs include individuals with responsibilities such as student affairs/student conduct, Campus Safety, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. When possible, this reporting protects the identity of the victim and may be done anonymously. In all cases, matters reported to CSAs are used as the basis for determining whether the matter represents a serious or continued threat to students and employees so as to trigger a timely warning to the university community.
Parental Notification
In accordance with Family Educational Rights and Privacy Act (FERPA), the University reserves the right to notify parents/guardians of dependent students of alcohol and/or drug violations as well as when there is a significant and articulable health and/or safety risk.
The University may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is non-dependent, the University will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk.
F. Privacy and Confidentiality
The University is committed to protecting the privacy of all individuals involved in the administrative review (investigation) and resolution of a report under this policy consistent with its duties under federal and state laws. The University also is committed to providing assistance to help Students make informed choices. With respect to any report under this policy, the University will make reasonable efforts to protect the privacy of participants while balancing the need to gather information to assess the report and to take steps to eliminate Student Prohibited Conduct, prevent its recurrence, and remedy its effects.
A Complainant may make a request for confidentiality. This type of request means that the Complainant does not want their identity known to the Respondent or Witnesses, or that the Complainant wishes to withdraw a report. In these situations, the University will make all reasonable attempts to comply with this request; however, the University’s ability to investigate and respond may be limited. Complainant and Respondents have the right to choose whether to participate in the administrative process surrounding allegations of Student Prohibited Conduct.
If the University cannot maintain a Complainant’s request for confidentiality, the Dean of Students or their designee will notify them. In situations where a member of the University community becomes aware of a pattern of behavior by a single respondent, the University will take appropriate action in an attempt to protect the University community. The University will protect the confidentiality of Impacted Parties and other necessary parties, and will complete publicly available record keeping, including Clery Act reporting and disclosures, without inclusion of personally identifying information about the Impacted Parties.
Personally identifying information is defined as individually identifying information for or about an individual, including information likely to disclose the location of a person including: a first and last name; a home or other physical address; contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); a social security number, driver’s license number, passport number or student identification number; and any other information, including date of birth, racial or ethnic background, or religious affiliation that would serve to identify any individual.
The University will maintain as confidential any accommodations, supportive or protective measures provided to the Impacted Parties, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the accommodations, supportive or protective measures.
Privacy
Privacy means that information related to a report of Student Prohibited Conduct will be shared with a limited circle of University Employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. All employees who are involved in the University’s response to reports of Student Prohibited Conduct receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law.
The privacy of a student’s education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the University’s FERPA policy. The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (“HIPAA”).
Confidentiality
Confidentiality exists in the context of laws that protect certain information and/or relationships, including with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under California law.
G. Interim Measures
Upon receipt of a report of Student Prohibited Conduct, the University may implement interim measures when a Preliminary Inquiry indicates that:
- There is a threat of harm (i.e., evidence of violence, threat pattern, predation, and/or weapon use);
- A student is facing a criminal investigation and/or complaint of serious criminal activity;
- There is a need to prevent disruption of, or interference with, the normal operations of the University of La Verne;
- The behavior in question is so severe or pervasive that it may significantly impact a University community member’s ability to normally participate in University life;
- There is a need to preserve University of La Verne property;
- There is a need to preserve the integrity of an investigation or Administrative Review; and/or
- To prevent further acts of Student Prohibited Conduct.
The University will determine the necessity and scope of any interim measures.
These interim measures may be both supportive or protective. All interim measures will be in place pending the resolution of the allegation, unless otherwise notified.
When an interim measure is supportive in nature, the directly impacted parties will be notified in writing. When an interim measure is protective in nature, involved parties whom action is taken against and/or for, will be notified in writing. Notification of protective interim measures will include an “analysis” and rationale for the measure. Involved parties against and/or for whom action is taken, will have the opportunity to challenge/appeal the implementation of protective interim measures at any point while the protective interim measure is in place. A challenge or appeal of the interim measure must be made by submitting a written request to the assigned Administrative Review Officer(s), the Dean of Students or their designee. The request should address or provide a rationale for why the interim measure(s) is not necessary.
The University will inform students about options for, available assistance in, and how to request changes to academic, living, transportation and working situations or protective measures. The University will inform Students regarding existing counseling health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available.
Protective Measures
The range of protective measures which may be applied to the Respondent and Complainant include, but are not limited to:
Interim Suspension
Interim suspension actions can include separation from the institution, removal from on-campus housing, housing relocation, or restrictions on participation in the community pending the resolution of a campus administrative review on the Student Prohibited Conduct. During an interim suspension, a Student may be denied access to University of La Verne housing, and/or the University of La Verne campus/facilities/events. As determined by the Dean of Students (or designee), this restriction may include classes and/or all other University of La Verne activities or privileges for which the student might otherwise be eligible.
Interim suspensions may only be applied when an analysis finds that:
- There is a threat of harm (i.e., evidence of violence, threat pattern, predation, and/or weapon use);
- A student is facing a criminal investigation and/or complaint of serious criminal activity;
- There is a need to prevent disruption of, or interference with, the normal operations of the University of La Verne;
- The behavior in question is so severe or pervasive that it may significantly impact a University community member’s ability to normally participate in University life;
- There is a need to preserve University of La Verne property.
“No-Contact” Order
The University may impose a “no-contact” order between a Student and other community members (i.e. Student, Faculty, Staff), where it is determined that:
- It is in the best interest of the individuals identified to minimize contact with each other;
- There is a health and safety concern; and/or
- Contact may result in an escalation of an incident, concern or behavior.
“No-Contact” orders establish that any communication, or form of contact, whether in person, through an intermediary, phone, cell, text, email, written correspondence, or through a social media (like Facebook) is not permitted.
“No-contact” orders may remain in place after a resolution and without the need to have found an involved party responsible as long as the “no contact” order is intended to a) minimize health and safety concerns or b) reduce the escalation of incidents.
Persona Non-Grata Order
Persona Non-Grata (PNG) orders establish that a student is not allowed in or within 10 feet of specified University campus or other property owned or controlled by the University and/or University programs or activities, as specified.
In some cases, a Persona Non-Grata from the University may be issued. In such cases, an individual is not allowed in or within 10 feet of all University campus or other property owned or controlled by the University and/or all University programs or activities. In such cases, should an individual need to be on University property or participate in a University sponsored program or activity, approval must be obtained from the Dean of Students Office prior to attendance or participation.
“Social Probation” Order
This order informs the Student that they are no longer allowed to be an active member or officer in student organizations; hold a student leadership position (i.e. RAs, Welcome Week Leader, etc.); and/or participate/attend University of La Verne sponsored programs/events as specified.
Interim Hold on Student Record
The University may impose a “hold” on a student record that does not meet with an administrative review officer where it is determined that:
- There is a substantial benefit to the student’s health and wellness as a result of meeting with the administrative review officer;
- There is a substantial risk to the health and safety of the student or other members of the University community that could be mitigated by having the respondent meet with the administrative review officer;
- There is a concern to the University community that could be mitigated by having the student meet with the administrative review officer.
H. Obligation to Provide Truthful Information
All University community members are required to provide truthful information in any report or proceeding under this policy. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of Student Prohibited Conduct is prohibited and subject to disciplinary sanctions under the Code of Student Conduct. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated.
I. Retaliation
A materially adverse action performed directly or through others, aimed to dissuade a reasonable person from engaging in, or done in retribution for engaging in, exercising rights under this policy, reporting in good faith a possible violation of this policy, or participating in an investigation or proceeding in good faith pursuant to this policy. Retaliation may arise whether or not the underlying allegation was found to be substantiated. Retaliation does not include good faith actions pursued in response to a report of Prohibited Conduct.
Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in any process provided for and/or activity protected under this policy.
J. Amnesty
An individual who participates as a Complainant, Respondent or Witness in an Administrative Review for Sexual Misconduct or allegations where violence, threat pattern, predation, and/or weapon use is indicated, may not be subject to disciplinary sanctions for minor violations of Student Prohibited Conduct (i.e. alcohol, controlled substances, etc.) at or near the time of the incident and in connection with the investigation, unless it is determined that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. Determination of the applicability of Amnesty will be made the Administrative Review Officer.
K. Administrative Review Process
The procedures referenced below provide for prompt, thorough, equitable response to reports of Student Prohibited Conduct that afford all parties notice, an opportunity to present witnesses and evidence, as well as to review the information that will be used in determining whether a policy violation has occurred.
The procedures described below apply to all allegations of Student Prohibited Conduct under this policy, except for allegations of sexual misconduct that are subject to the procedures articulated in the sexual misconduct policy.
Administrative Reviews work from a presumption that the Respondent is not responsible for alleged conduct until a determination regarding responsibility is made at the conclusion of the Administrative Review.
Timeframe
Every effort will be made to complete an Administrative Review within sixty (60) calendar days from the date of notice to the University, though some Administrative Reviews may take weeks or even months, depending on the nature, extent and complexity of the allegations, availability of witnesses, police involvement, etc.
The University may undertake a short delay in its Administrative Review to allow evidence collection when a criminal investigation is occurring at the same time as the University’s Administrative Review. The University will promptly resume its Administrative Review and resolution processes once notified by law enforcement that the initial evidence collection process is complete.
Evidentiary Standard
The University applies the "Preponderance of the Evidence" standard when determining whether a policy has been violated. “Preponderance of the Evidence” means that it is more likely than not that the alleged policy violation occurred.
Use of Evidence
Any evidence that the Administrative Review Officer (Investigator) believes is relevant and credible may be considered, including history and pattern evidence. The Administrative Review Officer (Investigator) may exclude irrelevant or immaterial evidence and may choose to disregard evidence lacking in credibility or that is improperly prejudicial.
While previous conduct violations by the Respondent or Complainant are not generally admissible, the Administrative Review Officer (Investigator) will reference information about previous good faith allegations and/or findings to consider as evidence of pattern and/or predatory conduct.
Unless the Administrative Review Officer (Investigator) determines it is appropriate, the Administrative Review and the finding will not consider:
- Incidents not directly related to the possible violation, unless they show a pattern.
- The character of the Complainant and Respondent. This includes character witnesses, or taking information they offer into consideration when making a final determination.
Rules of evidence applicable to a court of law, including those related to hearsay evidence, do not apply to the Administrative Review. The Administrative Review Officer may consider any evidence, including hearsay, that otherwise meets relevance and credibility requirements.
During the Administrative Review, all relevant evidence and information will be reviewed with the Complainant and Respondent ONLY after they have had the opportunity to provide their perspective on the alleged Student Prohibited Conduct. Physical or electronic copies of all relevant evidence will only be made available upon the conclusion of the Administrative Review.
Relevant evidence will be objectively evaluated by Administrative Review Officers – including both inculpatory and exculpatory evidence. Credibility of the evidence will not be based on a person’s status as a Complainant, Respondent, or Witness.
Complainant/Respondent Participation
If either the Complainant or Respondent choose to not participate in an Administrative Review, a determination will be made using the information and evidence available. Parties who elect not to participate in the Administrative Review or to withhold information from the Administrative Review do not have the ability to offer evidence later during the appeal if it could have been offered during the Administrative Review. Failure to offer evidence prior to an appeal does not constitute grounds for appeal based on new evidence.
Witness Participation
Under the Code of Student Conduct, Student witnesses are expected to cooperate with, and participate in, any Administrative Review conducted in conjunction with this policy honestly and in good faith. Failure of a witness to cooperate with and/or participate in the Administrative Review constitutes a violation of policy and may subject the witness to Student Conduct Action for failure to comply.
Witness/Parties who elect not to participate in the Administrative Review or to withhold information from the Administrative Review do not have the ability to offer evidence later during the appeal if it could have been offered during the Administrative Review. Failure to offer evidence prior to an appeal does not constitute grounds for appeal based on new evidence.
Witness information and the evidence collected during the course of an Administrative Review will be kept confidential and will only be shared with those directly involved with the Administrative Review (i.e. Complainant and Respondent), or with University officials with a legitimate need to know.
Witnesses who participate in an Administrative Review are protected from retaliation, and may be afforded amnesty, as defined under the Code of Student Conduct.
Information provided by witnesses will be evaluated for credibility and relevance. Investigator(s) may choose to disregard evidence and/or information provided by witnesses when it focuses on the character of the Respondent or Complainant, or does not pertain to the investigation of alleged Student Prohibited Conduct.
Communication with Complainant, Respondent and Witnesses
The University considers the assigned University of La Verne e-mail account as an official means of communication. Investigators will primarily communicate with the Complainant, Respondent and Witnesses through e-mail using their University of La Verne email account.
Advisor Participation
Each party (i.e. Complainant & Respondent) is allowed to have an advisor of their choice present with them for all Administrative Review meetings and proceedings, from intake through final determination. The parties may select whomever they wish to serve as their advisor as long as the advisor is eligible and available, and otherwise not involved in the investigation, such as serving as a witness. The advisor may be a friend, mentor, family member, attorney or any other supporter a party chooses to advise them who is available and eligible. The parties may choose advisors from inside or outside the campus community. Advisors may help their advisees prepare for each meeting, and are expected to advise ethically, with integrity and in good faith. If requested by a student, any University employee or student may decline to serve as an advisor.
The University cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the University is not obligated to provide one.
All advisors are subject to this policy, whether they are attorneys or not. Advisors may not address campus officials in a meeting or interview unless invited to. The advisor may not make a presentation or represent the Complainant or Respondent during any meeting, proceeding, or communication (electronic or otherwise), and may not speak on behalf of the advisee to the investigators or appeals officer. The parties are expected to ask and respond to questions on their own behalf, without representation by their advisor. Advisors may confer quietly with their advisees or in writing as necessary, as long as they do not disrupt the process. For longer or more involved discussions, the parties and their advisors should ask for breaks or step out of meetings to allow for private conversation.
Advisors are expected to refrain from interference with the Administrative Review and resolution. Any advisor who steps out of their role will be warned once and reminded of their role. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting, and that meeting will typically continue without the advisor present. Subsequently, the Dean of Students will determine whether the advisor may be reinstated, may be replaced by a different advisor, or whether the party will forfeit the right to an advisor for the remainder of the process.
The Investigator will provide a consent form to parties who wish to share information with their advisor. The parties must complete this form before the University is able to share information with an advisor, though parties may share the information directly with their advisor if they wish. Even with a consent form, the investigator will continue to communicate primarily with the Complainant or Respondent.
Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with Third Parties, disclosed publicly, or used for purposes not explicitly authorized by the University. The University may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the University’s privacy expectations.
The University does not typically change scheduled meetings to accommodate an advisor’s inability to attend. Therefore, an advisor is expected to adjust their schedule to attend University meetings when scheduled.
A party may elect to change advisors during the process, and is not locked into using the same advisor throughout.
Audio/Video Recording During Investigation Process
Unauthorized audio or video recording of any kind is NOT permitted during investigation meetings.
Recusal of Administrative Review Officer or Appeals Officer
Respondent and Complainants have the right to request that an Administrative Review Officer or Appeals Officer be recused on the basis of demonstrated bias or conflict-of-interest within two business days of being notified of the identity of the Administrative Review Officer or Appeals Officer. Requests must be provided in writing and provide a rationale or reason for demonstrated bias. Requests will be evaluated for merit and responded to by the Dean of Students Office as appropriate. If the request is found to have merit, a new Administrative Review Officer or Appeals Officer will be assigned. If the request is not found to have merit, the assigned Administrative Review Officer or Appeals Officer will remain.
Preliminary Inquiry
Following receipt of notice or a report of Student Prohibited Conduct, an assigned Administrative Review Officer will engage in a Preliminary Inquiry to determine if there is reasonable cause to believe a violation of Student Prohibited Conduct under this policy has occurred.
If, during the Preliminary Inquiry or at any point during the Administrative Review, the Investigator determines that there is no reasonable cause to believe that Student Prohibited Conduct under this policy has been violated, the process will end. In cases where the Preliminary Inquiry shows that reasonable cause exists, the Administrative Review Officer will prepare and issue a “Notice of Investigation” to the Respondent and Complainant, as appropriate.
The Preliminary Inquiry will also be used to evaluate if the allegation(s) involves or indicates violence, threat, pattern, predation and/or weapon use.
Administrative Review Officers may also provide a Complainant resources, accommodations, and/or applicable supportive or protective measures, where the Preliminary Inquiry indicates or involves threat of harm.
Notice of Investigation
Once an Investigation begins, the assigned Administrative Review Officer will provide formal notification through email using the party’s University of La Verne email account. Once emailed, notice will be presumptively delivered. The notification will:
- Provide a brief description of the alleged behavior that constitute a violation Student Prohibited Conduct;
- Identify the specific Student Prohibited Conduct policy(s) that has been allegedly violated;
- Provide the date and location of the alleged Student Prohibited Conduct, to the extent that is known;
- Provide information on the source of complaint, and if appropriate, identity of Complainant, if any;
- Inform parties of any supportive or protective interim measures being taken. Information on protective measures will include an analysis and rationale for the measure;
- Provide a description of applicable interim measures, investigation process procedures and next steps, if any;
- Provide access to a copy of applicable policies and guidelines, including Respondent and Complainant rights;
- Name the Administrative Review Officer(s) (Investigator) assigned to the case and of involved party’s right to request recusal of Administrative Review Officer(s) based on demonstrated bias or conflict of interest;
- Inform involved parties of their rights to participate in process and to review information as outlined in the Code of Student Conduct;
- Inform involved parties on retaliation, amnesty, and obligation to provide truthful information under the Code of Student Conduct;
- Inform involved parties on Respondent being presumed not responsible for alleged conduct until a determination is made as an outcome of administrative review or hearing process.
If during course of investigation/administrative review, additional allegations are discovered, the Administrative Review Officer will provide notice to the involved parties of the additionally discovered allegations.
Involved Parties will be afforded 3-5 days from date of notice to respond to allegations in writing or in person. An involved Party may choose to waive the 3-5 days response period.
Investigation
Administrative Review Officers will conduct a thorough, reliable and impartial investigation. The investigation will be a process that may necessitate more than one meeting/interview with the Respondent, Complainant and Witnesses. The investigation process may include, but is not limited to:
- Administrative Review Officer(s) meeting with the parties (i.e. Respondent and Complainant) for the purposes of:
- Reviewing the investigation process under this policy;
- Allowing parties to present their perspective on the allegation and respond to the allegations. The response may be in writing should the parties prefer;
- Allowing parties to present related evidence and identify possible witnesses;
- Reviewing the information and statement provided/available, only after the parties have the opportunity to provide their perspective on the alleged Student Prohibited Conduct.
For allegations where the possible outcome is suspension or expulsion, the Administrative Review Officer(s) will provide Respondent and Complainant an opportunity to review a “summary of all relevant evidence” to be used in rendering a determination and provide Respondent and Complainant with a full and fair opportunity to address the “summary of all relevant evidence” prior to a finding being rendered.
Administrative Review Officer(s) will complete the Investigation promptly, and without unreasonable deviation from the intended timeline. If the Administrative Review Officer(s) determines additional time is needed to complete an investigation, both parties will be notified of the delay. Administrative Review Officer(s) will provide regular updates to the Complainant and Respondent throughout the investigation as appropriate.
For cases of Sexual Misconduct, the process outlined under the Title IX policy will be followed.
Findings
If the Preponderance of Evidence standard is met for a Student Prohibited Conduct violation, the allegation(s) brought against a Respondent will be “substantiated” and the Administrative Review will proceed to the sanctioning phase.
If the standard is not met, the allegation(s) brought against a Respondent will be “unsubstantiated” and the case will be closed. The Administrative Review Officer may impose preventative measures when the finding is “unsubstantiated” for the purposes of:
- Protecting the health and safety of the parties involved;
- Preventing the occurrence of Student Prohibited Conduct;
- Preventing escalation of an incident, concern or behavior.
In rare cases when it is determined the allegation(s) brought against the Respondent was not in good faith, the allegation(s) will be “unfounded” and the case will be closed.
For investigations related to Sexual Misconduct, the process outlined in the Title IX policy will be used to make all determinations. For all other investigations of Student Prohibited Conduct, the Administrative Review Officer(s) will make the determination.
Respondent Admits to Policy Violation
The Respondent may choose to admit responsibility for all or part of the alleged Student Prohibited Conduct at any point during the investigation. If the Respondent admits responsibility, the Administrative Review Officer will find that the allegation(s) is “substantiated” and the investigation will proceed to the sanctioning phase.
Notification of Findings
The Administrative Review Officer(s) will inform the parties of the final determination. Notification will be made using the parties’ University of La Verne email account. Once emailed, notice will be presumptively delivered.
Outcome notification will be made to the Respondent and will specify:
- The finding on each alleged policy violation and the rationale supporting the essential findings.
- The relevant/appropriate sanctions and/or preventative measures and the rationale supporting the sanctions and/or preventative measures.
- Information on when the results (finding, sanctions and preventative measures) are considered by the University to be in effect.
- Information on appeals options that are available to the Respondent.
Outcome notifications to the Complainant will specify:
- The finding on each alleged policy violation that impact the Complainant.
- The relevant/appropriate sanctions and/or preventative measures that impact the Complainant.
- Information on when the results that impacted or impact the Complainant (finding, sanctions and preventative measures) are considered by the University to be in effect.
Federal Education Rights and Privacy Act
The outcome of an investigation is part of the education record of the Respondent and is protected from release under the Federal Education Rights and Privacy Act, except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non-forcible sex offense, the University of La Verne will inform the Complainant of the outcome as described previously.
In cases where the University of La Verne determines through the investigation that a Respondent violated policy that would constitute a “crime of violence” or non-forcible sex offense, the University of La Verne may also release the above information publicly and/or to any Third Party. FERPA defines “crimes of violence” to include: arson; assault offenses (includes stalking); burglary; criminal homicide— manslaughter by negligence; criminal homicide— murder and non-negligent manslaughter; destruction/damage/vandalism of property; kidnapping/abduction; robbery; forcible sex offences; and non-forcible sex offences.
L. Sanctions and Remedies
When the allegations brought against a Respondent are “substantiated,” sanctions will be assigned. Factors considered when determining a sanction/responsive action may include:
- The nature, severity of, and circumstances surrounding the violation.
- An individual’s Code of Student Conduct history.
- Previous allegations involving similar conduct.
- Any other information deemed relevant by the Investigator.
- The need for sanctions/responsive actions to bring an end to the Prohibited Conduct.
- The need for sanctions/responsive actions to prevent the future recurrence of Prohibited Conduct.
- The need to remedy the effects of the discrimination, harassment and/or retaliation on the Complainant and the community.
- Identifying opportunities to have the Respondent re-dress the Complainant, when appropriate, as deemed by the Administrative Review Officer.
- Having the Respondent engage in an educational experience, when possible and appropriate, as deemed by the Administrative Review Officer.
- The need to hold the Respondent accountable for his/her behavior.
- The respondent’s willingness to take responsibility for behavior
The following are non-exhaustive examples of sanctions that may be imposed upon Respondents singularly or in combination:
- Academic Program Re-Assignment: Informs an individual that their behavior in an academic program or main/regional “campus” has been significantly disruptive such that their continued participation in that program will not be allowed. As such, a student may be re-assigned to a different academic program (i.e. online) or main/regional “campus.” Academic Program Re-Assignment sanctions are usually accompanied by the following sanctions: University Probation, Person Non-Grata.
- Behavioral Expectations Requirement: Requires individuals to follow outlined behavioral expectations.
- Community/University Service Requirements: Requires an individual to perform community or university service as outlined in the Notification of Findings/Decision.
- Confiscation of Prohibited Items: Places items belonging to individual in a temporary hold until the items can be appropriately removed from campus, destroyed or turned over to law enforcement. Items eligible for removal from campus but not retrieved within 30 days of confiscation will be destroyed.
- Educational Program/Activity: Requires individuals to complete an educational project as specified by the Administrative Review Officer. Projects may range from planning or participation in a program, activity or project; writing a reflection paper; and/or completing an online course/training.
- Fines: Imposes a fee for the violation of a policy.
- Hold on Student Record: Imposes a “hold” on a Student record with the Registrar’s Office. This record restricts a Student from being able to register for classes, drop classes, file or participate in graduation.
- Housing Warning - A warning serves as notice that a student’s behavior is not within the standards established by the Code of Student Conduct. A warning also serves as notice that should the student continue to engage in Prohibited Student Conduct he/she/they may be subject to additional administrative actions including removal from on-campus housing.
- Housing No-Contract Order: Informs individual that they are not eligible to contract to live on-campus for a specified period. This sanction can last from a semester to up to 4 years.
- Housing Probation: This sanction serves to inform the student that they have engaged in behavior that has created a significant disruption to the University community. It also serves as notice that should the student continue to engage in Prohibited Student Conduct, they may be subject to further administrative action, including removal from on-campus housing. This sanction can range from a semester to up to 4 years. Specific duration will be specified in Notification of Findings.
- Housing Reassignment: Requires an individual to relocate or move to a different room in on campus housing. Failing to relocate by the specified date may result in further administrative action including charges and holds on student records.
- Housing Removal: Informs an individual that their on-campus housing contract is being cancelled and as such, they will be required to vacate and remove their belongings from on-campus housing facilities by a specified date. Housing Removal sanctions are usually accompanied with the following sanctions: Persona Non-Grata and University Probation. Failing to abide by removal date or move-out process may result in further administrative action including charges and holds on student records.
- Loss of Privileges: This sanction imposes restriction on privileges (i.e. having guests/visitors on campus on in on-campus housing) or access to buildings, areas or events normally afforded to an individual. Specific duration will be specified in Notification of Findings.
- “No-Contact” Order: Establishes identified individuals may not have any contact with one another. Orders coming from the Title IX Coordinator’s office are issued by a different process and have different requirements than those coming from the Student Conduct office.
- Persona Non-Grata from Specified Facilities: Instructs an individual that they are not allowed in or within 10 feet of the specified University facility(s), parking lot, space, other property owned or controlled by the University, as well as a specified University program or event. Should the individual need to access the specified location/program for conducting official University business, they must request and receive approval from the Dean of Students prior to accessing the specified location/program. Specific duration will be specified in Notification of Findings.
- “Persona Non-Grata” from the University: Instructs an individual they are not allowed in or within 10 feet of all University facilities, parking lots, spaces and/or other property owned or controlled by the University as well not allowed to participate/be present at University sponsored programs or events. Should the individual need to be on University property or University sponsored program or events to conduct official University business, they must request and receive approval from the Dean of Students prior to being on University property. Being in University facilities, parking lots, spaces, other property owned or controlled by the University, as well as participating/being present in University sponsored programs or events will be considered trespassing. Individuals trespassing will be asked to leave and will be referred to local police agencies.
- Revocation of Degree: The University reserves the right to revoke a degree awarded from the University for fraud, misrepresentation or other violation of University policies, procedures or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
- Referral: Refers an individual to a specified person/office for the purposed of completing an assigned task by a specified date.
- Restitution: Requires payment for damages to property.
- Social Probation/Eligibility Restriction: Informs the student they are restricted from being an active member or officer in student organizations; holding a student leadership position (i.e. RAs, Welcome Week Leader, Student Organization Officer, etc.); and/or participating in University of La Verne programs or events, as specified. Specific duration will be specified in Notification of Findings.
- Termination: Informs individuals that they are permanently terminated from University student employment, leadership and volunteer opportunities.
- University Warning: A warning serves as notice that the student’s behavior is not within the standards established by the Code of Student Conduct. A warning also serves as notice that should the student continue to engage in Prohibited Student Conduct, they may be subject to additional administrative actions.
- University Probation: Informs the student that they have engaged in behavior that has created a significant disruption to the University community. It serves as notice that should the student continue to engage in Prohibited Student Conduct, they may be subject to university suspension or expulsion. This sanction also denotes that the student is not in good judicial standing with the University during the effective dates. This sanction can range from a semester to up to 4 years. Specific duration will be specified in Notification of Findings.
- University Suspension: This sanction informs the individual that during the specified period, they are not eligible to be a student at the University of La Verne. This sanction can range between a semester to up to 4 years. Specific duration will be specified in Notification of Findings. University Suspension carries with it the following conditions:
- During the suspension period, the individual is “Persona Non-Grata” from the University of La Verne. Meaning they are not allowed in or within 10 feet of all University facilities, parking lots, spaces and/or other property owned or controlled by the University as well not allowed to participate/be present at University sponsored programs or events. Should the individual need to be on University property or University sponsored program or event to conduct official University business, they must request and receive approval from the Dean of Students prior to being on University property.
- During the suspension period, a hold will be placed on the individual’s student record.
- After completion of the suspension, the individual will need to a) meet with a representative of the Dean of Students Office to discuss behavioral expectations, and b) work with respective offices (academic advising, registrars, financial aid, student accounts) to complete all administrative processes required for their return.
- After completion of the suspension, the individual will be on University Probation for a one-year period starting on the first day of the individual’s official return to the University of La Verne.
- The individual is “Persona Non-Grata” from the University of La Verne. Meaning they are not allowed in or within 10 feet of all University facilities, parking lots, spaces and/or other property owned or controlled by the University as well not allowed to participate/be present at University sponsored programs or events.
- A “Student Conduct Action Taken” notation will be made on the individual’s University of La Verne transcript.
Abiding by Sanction or Preventative Measures
Students are expected to comply with assigned sanctions or preventative measures within the timeframe(s) identified in the “Notification of Findings.” Failure to abide with sanctions or preventative measures, whether by refusal, neglect or any other reason, is considered a violation of Student Prohibited Conduct and may result in additional administrative action, including, but not limited to hold on student records, suspension from the University, and/or notation on the Student’s official transcript at the end of the semester.
M. Preventative Measures
The Administrative Review Officer may impose preventative measures when the finding is “unsubstantiated” for the purposes of restoring and preserving involved party's education access. Specifically:
- Protecting the health and safety of the parties involved;
- Preventing the occurrence of Student Prohibited Conduct;
- Preventing escalation of an incident, concern or behavior.
The following are non-exhaustive examples of preventative measures that may be imposed singularly or in combination:
- “No-Contact” Order: Establishes identified individuals may not have any contact with one another.
- Behavioral Expectation Requirement: Requires individuals to engage or follow outlined behavioral expectations.
- Loss of Privileges (Visitations): Limits an individual from having guests on-campus or being able to visit specific residence halls, when that guest does not reside in the specific building, is not a resident of on-campus housing, and/or is not a student at the University.
- Persona Non-Grata from Specified Facilities: Instructs an individual that they are not allowed in or within 10 feet of the specified University facility(s), parking lot, space, other property owned or controlled by the University, as well as the a specified University program or event. Should the individual need to access the specified location/program for conducting official University business, they must request and receive approval from the Dean of Students prior to accessing the specified location/program. Specific duration will be specified in Notification of Findings.
- “Persona Non-Grata” from the University: Instructs an individual they are not allowed in or within 10 feet of all University facilities, parking lots, spaces and/or other property owned or controlled by the University as well not allowed to participate/be present at University sponsored programs or events. Should the individual need to be on University property or University sponsored program or events to conduct official University business, they must request and receive approval from the Dean of Students prior to being on University property. Being in University facilities, parking lots, spaces, other property owned or controlled by the University, as well as participating/being present in University sponsored programs or events will be considered trespassing. Individuals trespassing will be asked to leave and will be referred to local police agencies.
- Housing Reassignment: Requires an individual to relocate, or move to a different room in on-campus housing. Failing to relocate by the specified date may result in administrative action including charges and holds on student records.
- On Notice: Informs individual that their behavior is of concern and while the current behavior may be a violation of prohibited conduct, continuing to engage in that behavior may result in allegations and/or findings of engaging in prohibited conduct.
- Other Actions: In addition to or in place of the above preventative measures, the University may assign any other preventative measures as deemed appropriate.
N. Appeals
All requests for appeal consideration must be submitted in writing to the appeals officer within five (5) business days of the delivery of the written investigation findings. A Respondent or Complainant may appeal the findings and/or sanctions only under the following grounds:
- A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
- The sanctions imposed fall outside the range of sanctions the University has designated for this offense and the cumulative record of the responding party.
- To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
Note – Involved parties who elected not to participate in the Administrative Review or to withhold information from the Administrative Review do not have the ability to offer evidence as part of the appeal if it could have been offered during the Administrative Review. Failure to offer evidence prior to an appeal does not constitute grounds for appeal based on new evidence.
The Appeals Officer will review the appeal request(s). The original finding and sanction and/or responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a decision is final. The party requesting an appeal must show that the grounds for an appeal request have been met. When any party requests an appeal, the Appeals Officer will share the appeal request with the other party. If new grounds are raised, the other party will be permitted to submit a written response to these new grounds within two days of notification. These responses or appeal requests will be shared with each party.
Where the Appeals Officer finds that at least one of the grounds is met by at least one party, the following apply:
- Appeals are not intended to be full re-investigations/administrative reviews of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the investigation/administrative review, and pertinent documentation regarding the grounds for appeal.
- Appeals granted based on new evidence should normally be remanded to the administrative review officer(s) for reconsideration. Other appeals may be remanded at the discretion of the Appeals Officer or, in limited circumstances, heard by the Appeals Officer.
- Sanctions/preventative measures imposed as the result of an investigation/administrative review are implemented as noted on the individual’s decision letter.
- The Appeals Officer will render a written decision on the appeal to all parties within ten (10) business days without significant time delay between notifications for all parties.
- Once an appeal is decided, the outcome is final. Further appeals are not permitted, even if a decision or sanction is changed on remand.
- In rare cases where a procedural or substantive error cannot be cured by the original administrative review officer(s) (as in cases of bias), the Appeals Officer may recommend a new administrative review with a new administrative review officer. The results of a remand cannot be appealed. The results of a new administrative review can be appealed, once, on any of the three applicable grounds for appeals.
- In cases where the appeal results in reinstatement to the University or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.
O. Complainant and Respondent Rights
Complainant Rights
- The right to investigation and appropriate resolution of all credible allegations of Student Prohibited Conduct made in good faith to University officials.
- The right to be treated with respect by University officials.
- The right to have University policies and procedures followed without material deviation.
- The right not to be pressured to mediate or otherwise informally resolve any reported Student Prohibited Conduct.
- The right not to be discouraged by University officials from reporting Student Prohibited Conduct to both on-campus and off-campus authorities.
- The right to be informed by University officials of options to notify proper law enforcement authorities, and the option to be assisted by campus officials in notifying such authorities, if the Complainant so chooses. This also includes the right not to be pressured to report.
- The right to have reports of Student Prohibited Conduct responded to promptly and with sensitivity by campus officials.
- The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student services, both on campus and in the community.
- The right to notification, and assistance in, changing academic and living situations after an alleged Student Prohibited Conduct incident, if such changes are reasonably available (no formal report or investigation, campus or criminal, need occur before this option is available).
- The right to have the University maintain such accommodations for as long as necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures.
- The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report.
- The right to review all relevant documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, prior to a determination of findings.
- The right to be informed of the names of all witnesses whose information will be used to render a finding, in advance of that finding, except in cases of compelling safety concerns.
- The right to not have irrelevant prior conduct history or incidents used in the determination of investigation.
- The right to regular updates on the status of the investigation.
- The right to have reports addressed by Administrative Review Officers who have received annual Investigator training.
- The right to preservation of privacy, to the extent possible and permitted by law.
- The right to meetings and/or interviews that are closed to the public.
- The right to petition that any University representative in the process be recused on the basis of demonstrated bias or conflict-of-interest within two business days of being notified of the identity of the Investigator(s).
- The right to bring a victim advocate or advisor of the Complainant’s choosing to all phases of the investigation.
- The right to a fundamentally fair resolution, as defined in these procedures.
- The right to a decision based solely on evidence presented during the investigation. Such evidence shall be credible, relevant, based in fact and without prejudice.
- The right to be promptly informed of the outcome and sanction of the investigation in writing, without undue delay between the notifications to the parties.
- The right to be informed in writing of when a decision by the University is considered closed.
Respondent Rights
- The right to investigation and appropriate resolution of all credible allegations of Student Prohibited Conduct made in good faith to University officials.
- The right to be treated with respect by University officials.
- The right to have University policies and procedures followed without material deviation.
- The right to have reports of Student Prohibited Conduct responded to promptly and with sensitivity by campus officials.
- The right to be informed of, and have access to, campus resources for medical, health, counseling, and advisory services.
- The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report.
- The right to timely written notice of all alleged violations, including the nature of the violation, the applicable policies and procedures and possible sanctions.
- The right to review all relevant documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, prior to a determination of findings.
- The right to be informed of the names of all witnesses whose information will be used to render a finding, in advance of that finding, except in cases of compelling safety concerns.
- The right to not have irrelevant prior conduct history or incidents used in the determination of investigation.
- The right to regular updates on the status of the investigation.
- The right to have reports addressed by Administrative Review Officer(s) who have received annual Investigator training.
- The right to petition that any University representative be recused from the resolution process on the basis of demonstrated bias and/or conflict-of-interest within two business days of being notified of the identity of the Investigator(s).
- The right to meetings and interviews that are closed to the public.
- The right to have an advisor of their choice to accompany and assist throughout the investigative process.
- The right to a fundamentally fair resolution, as defined in these procedures.
- The right to a decision based solely on evidence presented during the investigation. Such evidence shall be credible, relevant, based in fact and without prejudice.
- The right to be promptly informed of the outcome and sanction of the investigation in writing, without undue delay between the notifications to the parties.
- The right to be informed in writing of when a decision by the University is considered closed.
- The right to be informed of the right to appeal the finding and sanction(s) of the investigation, and the procedures for doing so in accordance with standards for appeal established by the University.
P. Student Prohibited Conduct
Student Prohibited Conduct includes the defined forms of behaviors listed below.
A sub-set of the Student Prohibited Conduct listed below applies ONLY to behaviors that take place or originate in on-campus housing facilities (owned or leased), as well as at on-campus housing sponsored events/programs/initiatives. Those specific Student Prohibited Conduct will have “housing” listed in the name.
All other student prohibited conduct, not specified, applies to conduct that occurs on ALL University campus or other property owned or controlled by the University and/or University education programs and activities and as further defined under the Code of Student Conduct jurisdiction.
The most recent and current list and definitions of Student Prohibited Conduct is available at https://laverne.edu/student-affairs/student-conduct/.
- Abuse of Administrative Review Process & Retaliation
- Alcohol
- Alteration of Premises
- Animals/Pets
- Appliances (Housing)
- Assault
- Bullying and Cyberbullying
- Care of Common Areas & Property (Housing)
- Care of Rooms (Housing)
- Concealment & By-Standing
- COVID Safety
- Dangerous Behavior
- Discrimination
- Disruptive Behavior
- Drugs & Controlled Substances
- Election Tampering
- Failure to Comply
- Falsification & False Accusations
- Fire Safety & Hazards
- Furniture
- Gambling
- Gatherings (Housing)
- Guest/Visitors
- Harassment
- Hazing
- Improper Room Transfer (Housing)
- IT & Acceptable Use
- Keys & Locks
- Lewd Behavior
- Parking
- Posting
- Projectiles
- Quiet Hours & Noise (Housing)
- Relationship Violence
- Safety & Security
- Sexual Assault
- Sexual Contact
- Sexual Exploitation
- Sexual or Gender Based Harassment
- Smoking
- Soliciting
- Sports Related Activities
- Stalking
- Theft & Stolen Property
- Trademark
- Trespassing & Restricted Access
- Vandalism
- Weapons, Firearms, Explosives
- Wheeled Device
Q. Health and Safety, Including COVID-19
Students must follow any health and safety instruction published by the University or given by an authorized University official, including instructions related to COVID-19. The University maintains COVID-19 safety protocols in compliance with current federal, state, and local public health requirements and best practices. Such protocols may change as necessary to address public health conditions.
R. Revisions & Updates
The University reserves the right to make changes to this document as necessary and once those changes are posted online, they are in effect. The Dean of Students Office may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules, etc. The Dean of Students Office may also vary procedures materially with notice (on the institutional web site, with appropriate date of effect identified). Policies referenced herein may also be changed in accordance with the requirements of that policy.
This policy will be interpreted to comply with any applicable federal, state, and local laws, regulations, government administrative guidance documents, and judicial orders. If applicable laws, regulations, guidance, or orders change in a way that impacts this document, this document will be construed to comply with requirements in their most recent form.
Conduct occurring before the implementation of this policy and reported after its effective date will be considered according to the definitions and standards of the then-existing policy, but will be processed in accordance with the requirements of this policy. Matters ongoing at the time this policy goes into effect will proceed in compliance with this policy based on where the matter is in the process.
Students are provided a copy of this policy annually in the form of an email with a link to the University of La Verne website where this information is available. Students are responsible for having read and abiding by this policy.
Responsibilities
Academic Honesty Expectations and Responsibilities
Each student is responsible for performing academic tasks in such a way that honesty is not in question. No individual student can be held responsible unless a finding of fact has determined that is it more likely than not that they (and not just a group) violated the policy. Unless an exception is specifically defined by an instructor, students are expected to maintain the following standards of integrity:
- All tests, term papers, oral and written assignments, recitations, master’s thesis, doctoral dissertations, and all other academic efforts are to be the work of the student presenting the material.
- Any use of wording, ideas, or findings of other persons, writers, or researchers requires the explicit citation of the source; use of the exact wording requires a “quotation” format.
- Avoid deliberately supplying material to a student for purposes of plagiarism. Assisting another student to engage in plagiarism is a violation of the standards of integrity. Student collaborators are also subject to academic or disciplinary sanctions.
- Avoid submitting your own work for which you previously received points/credit in another course. Self-plagiarism is considered plagiarism and is not acceptable for assignments in part or in whole in a future course without prior permission from the instructor in the new course.
- Avoid plagiarism in group work that endangers the project for the entire group or inadvertently implicates group members who have not, in their own work and actions, engaged in academic honesty violations. Individual academic tasks in group assignments should be performed in such a way that honesty is not in question. When the instructor has reason to suspect the individual student has violated any academic honesty responsibilities in a group project, the individual may be held responsible for the academic honesty violation that is specific to the student’s own work. Where group assignments make it difficult to identify the individual who submitted plagiarized item(s), the entire project may be subject to academic penalty such as but not limited to a grade of zero or fail, or may be returned to the group for resubmission.
Procedures for notifying a student when academic honesty is violated
When the instructor has reason to suspect that a student violated any academic honesty responsibilities, the procedures below will occur. In all cases, our accountability process will strive for a process that is fundamentally fair to the student. Students who are accused of academic dishonesty will:
- Receive written notice by the instructor of the allegation of the prohibited conduct.
- Have the opportunity to review the evidence used to determine that academic honesty was violated.
- Have the opportunity to present evidence in writing that the student feels are appropriate to dispute the allegation of academic dishonesty.
- Have the opportunity to appeal in writing to the instructor and/or the program or academic chairperson; may appeal in writing to the academic dean, first, then to the Provost.
- Receive written notice about findings of the investigation, and subsequent appeal outcomes at each level of appeal following academic governance procedures.
Procedures for reporting incident(s) of academic honesty violation(s)
If the academic action includes giving a course grade of NCR or F because of academic dishonesty, and the student is not disputing the allegation, the instructor must report the action to the Department or Program Chair, their College Dean, and the Office of Academic Advising. The instructor will submit copies of the assignment(s) and corroborating materials (Safe Assign report or original online sources) they used as evidence that academic honesty has been violated. The evidence becomes part of the student’s academic record and incident report that is filed in the Office of Academic Advising. The College Dean will immediately notify the Office of Academic Advising, and the University Registrar to record the grade of F or NCR for the course. Only the grade becomes part of the academic transcript unless the student is also suspended or expelled from the university. Students may not drop or withdraw from the course after they have been sanctioned for academic dishonesty. The student will be notified in writing by the College Dean.
Procedures for the application of academic or disciplinary sanctions
Students who are found to have violated the rules of academic honesty are subject to sanctions that are gradated responses proportional to the misconduct and will have a chance for education. For example, in a minor violation of plagiarism, the student has the right to know what they did wrong and how to correct it. Mistakes in citing sources or ignorance of what constitutes plagiarism may be treated differently than if a student engaged in willful and repetitive violation(s) of academic honesty. Part of the evaluation process for sanctions, including suspension or expulsion, will include the number and severity of the current and prior violations of academic honesty.
Academic Actions
The instructor’s delegation of authority for academic consequences are limited to the sanctions below. The student:
- Will be required to meet with the instructor, chair, or administrator to review the evidence and how to correct it. The student may be asked to sign an acknowledgment of the meeting and the corrective steps they will take to avoid future incidents.
- May be required to rewrite a paper or retake a test.
- May receive an F or NCR on the assignment.
- May receive an F or NCR for the course and will be recorded on the academic transcript.
- Will stop attending classes if they fail the course even if the academic session or term has not yet concluded.
- Will be given a written university warning.
The College Dean’s delegation of authority for academic consequences that are proportional to the misconduct—in addition to upholding the academic consequences above—include the application of one or more of the sanctions below. The student:
- May be placed on university probation for one academic session or term following the academic session or term of the alleged infraction.
- May be suspended for one academic session or term following the academic session or term of the alleged infraction.
- May be expelled from the university by recommendation to the University Provost.
If the instructor’s or department or program chairperson’s actions include a recommendation for suspension or expulsion because of academic dishonesty, the College Dean will review the recommendation to suspend or expel the student. If the College Dean agrees with the recommendation for suspension, they may suspend the student for one academic session or term. The College Dean will immediately notify the Office of Academic Advising, and the University Registrar to record the grade of F or NCR for the course and whether or not the student has been suspended for one academic session or term. Only the grade becomes part of the academic transcript unless the student is also suspended. A suspension for academic dishonesty will be noted on the student’s transcript by the words “Suspended for Academic Dishonesty.” The College Dean will notify all parties about their decision to reverse or uphold the academic sanction, and whether or not any other disciplinary sanctions will be applied. If the College Dean agrees with the recommendation for expulsion, they may recommend expelling the student to the Provost.
The Provost may review the evidence and decide if the allegation and disciplinary action are upheld or may form an Academic Judicial Board comprised of faculty from outside of the college where the allegation originated to investigate the matter further. The student may be asked by the Academic Judicial Board to appeal the disputed allegations in writing, including the opportunity to produce additional evidence such as earlier drafts of their work and/or original notes and resources, other samples of writing, or documents deemed appropriate or necessary. The evidence becomes part of the student’s academic record. The Academic Judicial Board will review the written evidence and decide if academic honesty has been violated. The Academic Judicial Board will report their finding and recommendations to the Provost. The Provost will take appropriate actions that may include but are not limited to uphold or reverse the original academic or disciplinary sanctions, and consider if suspension or expulsion is appropriate. The Provost’s decision is final and delivered in writing to all the parties.
Procedures for students who dispute the allegation of academic honesty violation
If the student denies the allegation of a violation of academic integrity or disputes the academic or disciplinary actions, the faculty member will refer the matter to the Department or Program Chair. The Department or Program Chair will review the evidence and decide if the allegation and academic sanction are upheld. If the student disputes the Chair’s conclusion to uphold the original sanction, then the Chair will refer the case to their College Dean. The College Dean will review the evidence and decide if the allegation and academic sanction are upheld. The College Dean may add disciplinary sanctions that are proportional to the misconduct as described above. If the student disputes the College Dean’s conclusion to uphold the original academic decision and the new disciplinary sanctions, the student may appeal in writing to the Provost.
The Provost may review the evidence and decide if the allegation and disciplinary action are upheld or may form an Academic Judicial Board comprised of faculty from outside of the college where the allegation originated to investigate the matter further. The student may be asked by the Academic Judicial Board to appeal the disputed allegations in writing, including the opportunity to produce additional evidence such as earlier drafts of their work and/or original notes and resources, other samples of writing, or documents deemed appropriate or necessary. The evidence becomes part of the student’s academic record. The Academic Judicial Board will review the written evidence and decide if academic honesty has been violated. The Academic Judicial Board will report their finding and recommendations to the Provost. The Provost will take appropriate actions that may include but are not limited to uphold or reverse the original decision and sanctions, and consider if suspension or expulsion is appropriate. The Provost’s decision is final and delivered in writing to all the parties.
A suspension for academic dishonesty will be noted on the student’s academic transcript by the words “Suspended for Academic Dishonesty.” An expulsion for academic dishonesty will be noted on the student’s transcript by the words “Expelled for Academic Dishonesty.”
Appeals Procedures on Academic Matters
Students may appeal final grades, academic honesty decisions, most policy decisions, and they may submit academic grievances. All must be made in a timely manner, within four weeks of the action or decision in question. All appeals must be submitted in writing only. Administrative fees may be assessed. Please contact Academic Support and Retention Services for more information.
Academic Disqualification (Undergraduate)
Students who have been disqualified may not register for subsequent terms. A disqualified student may appeal for reinstatement to the Associate Vice President of Academic Support and Retention Services. A regional and online campus (ROC) student may appeal for reinstatement to the Assistant Dean of Regional and Online Campuses. A plan to improve academic performance must be submitted and a contract signed. Appeals must be made immediately upon notification of disqualification.
Academic Disqualification (Graduate)
Students who have been disqualified from a graduate program may not register for subsequent terms. A disqualified graduate student may appeal for reinstatement to the Academic Dean of his or her college. Should the dean reinstate the student and the student not meet the conditions specified at the time of reinstatement, academic disqualification will result.
Academic Honesty
Procedures for appealing academic honesty violations are contained in the Academic Honesty section of this catalog. Appeals begin with the instructor and then may be taken successively to the program chair or department chair, College Dean, and finally the Provost. The decision of the Provost is final.
Academic Policy Exceptions
Appeals for exceptions to academic policy must be submitted to the Undergraduate Appeals Committee or the Graduate Appeals Committee. Appeals must be made in writing within one year, on the appropriate appeals form, with the signatures of the academic or program advisor and appropriate course instructors. Students are advised to write a detailed statement indicating the reasons they are requesting the exception to university policy and provide supporting documentation to substantiate their reasons. Each appeal is carefully reviewed by the committee and a decision is sent to the student’s La Verne email address. Students can obtain this form from the Office of the Registrar. Graduate students may obtain this form from Graduate Academic Services or their Regional Campus Office. Appeals Committee decisions may be challenged with a written appeal to the Provost. The decision of the Provost is final.
Final Grades
Procedures for appealing final grades are contained in the Final Grades section of this catalog. Appeals begin with the instructor of the course and then go successively to the program chair or department chair, the College Dean, and finally the Provost. The decision of the Provost is final.
Appeals by Students with Disabilities
La Verne has established a set of procedures that address policy implementation for students with disabilities. Should any student desire to initiate action related to a diagnosed disability or to initiate testing for a disability, the student should refer to the Information and Accommodations Packet which can be accessed through the university website under Accessibility Services.
Statute of Limitations for Academic Appeals
All appeals must be submitted in a timely manner to be considered. Appeals requesting an action affecting registration, grades for a previous semester, or extension of time for degree completion will be accepted as follows:
- Retroactive Registration, Add, or Drop for a Previous Semester:
- All requests in reference to a Registration, Add, or Drop for a previous semester must be submitted with all supporting documentation within one (1) calendar year from the end of the semester being appealed.
- Exceptions may include appeals for retroactive Continuous Enrollments. Continuous Enrollment appeals will be considered on a case by case basis.
- All requests in reference to a retroactive Withdrawal for a course in a previous semester must be submitted with all supporting documentation within one (1) calendar year of the ending date of the semester being appealed.
- Appeals to request an extension of time to complete an expired INC/IP must be submitted one (1) calendar year from the end of the semester/term the grade expired.
- Appeals to request an extension of time to complete an undergraduate degree will be considered if the following conditions have been met:
- The student applied for graduation prior to the time they last attended the University.
- The student has the support of their faculty advisor/academic program chair.
- The student must be able to complete all degree requirements within one (1) calendar year of the appeal being approved by the Undergraduate Appeals Committee.
Academic Grievances
In rare instances, a student may have a grievance that cannot be addressed by any of the established appeal procedures described above. In such cases, no matter where the student studies, the grievance must be submitted to the Associate Dean of Academic Support and Retention Services who will appoint an appeals panel, consisting of representatives from appropriate academic and/or administrative units, to review the grievance. The panel will review all documented information, including any written statement and/or phone statements that the student wishes to provide. Upon completion of the review, the appeals panel will submit its findings and recommendations to the Provost. The decision of the Provost is final.
Class Attendance
The University of La Verne Faculty believes class attendance is equally important as classroom conduct to foster successful learning and academic success. University Faculty support efforts to ensure students who are enrolled in courses are attending scheduled online or face to face sessions and are fully participating in required course activities and assignments. The University of La Verne Faculty requires regular and prompt attendance in all courses. Students who do not attend courses without prior consent of the faculty member will not be guaranteed a space in the course if the student:
- does not attend the first week of the semester for a course or
- does not comply with the online instructor’s attendance requirements (e.g., logging into the online course) the first week of the term.
Students who do not attend courses or participate online as described above may be administratively dropped, at the discretion of the instructor and/or Regional Campus Director. Students who do not attend the first-class session (in class or online) may be administratively dropped, however, registration adds, drops and withdrawals are a student responsibility.
Students who add a course during open registration period or by instructor approval after the open registration period must attend consecutive class meetings equivalent to one week to secure their spot in the course. For example, if a course meets three times a week, students are expected to attend three consecutive class sessions; students who enroll in online courses are expected to have logged in and completed all assignments up to the current week of attendance.
Attendance Policy
Students have the responsibility to drop the course from their schedule during the open registration period to be eligible for refunds per the University’s refund policy schedule. This needs to be done within the open registration period to avoid a failing grade, financial obligations, or late fees. Students should refer to the class syllabus for the instructor attendance policy for every course they are registered. The instructor may assign extra work, require special examinations, or refuse to grant credit for a course based on the number of class sessions missed.
Administrative Withdrawal
The University of La Verne supports the faculty’s right to administratively withdraw enrolled students who miss more than 50% of scheduled course meetings and/or the equivalent of required assignment or activities within the first 50% of the course duration. Instructors may on a case-by-case basis make exceptions for students who demonstrate extenuating circumstances such as illness or other documented circumstances. All refund policies and financial aid policies apply.
Administrative withdrawal is also subject to the following provisions:
- It is recommended that faculty reference this catalog policy in their syllabi if they intend to exercise rights granted by this attendance policy. Students may not plead ignorance of this attendance policy as published in the catalog in the absence of language in course syllabi.
- Instructors may initiate administrative withdrawal on the first day after the fee refund period.
- The University Registrar will notify students who have been administratively withdrawn from a course at the Instructors’ request.
- Students who are administratively withdrawn for limited or non-attendance or limited participation as noted above will earn a grade of W on their transcript for each course that the students has been withdrawn.
- Students who are administratively withdrawn for limited or non-attendance or limited participation as noted above will not be eligible for a tuition refund and may be subject to further sanctions associated with financial aid eligibility policies found in this catalog. Example: a drop in unit value could compromise full-time or half-time standing tied to financial aid eligibility.
- Faculty who choose to not administratively withdraw students reserve the right to assign the appropriate grade at the end of the semester that is consistent with University grading policies.
Student Professional Conduct
Professional conduct inside and outside the classroom by university students is an important expectation that transfers to a workplace environment. As such, we expect all students to always present themselves in a professional manner and engage in conduct that is appropriate and respectful to the instructor and their classmates. The Code of Student Conduct, Classroom Conduct, Academic Honesty, and the Honor Code in this catalog outline instructor and student expectations that are conducive to a high standard of integrity and a safe learning environment. Students are expected to strive to represent the university with integrity, purpose, and pride in all academic matters, including honest behavior, and acceptance of responsibility for their own words or actions. Students are free to engage in civic debates, inquiry, and expression but are expected to maintain standards of conduct that encourage the free exchange of ideas—their own and those of others—that are appropriate to the topic of the course.
Classroom Conduct
Students who matriculate in courses at the University of La Verne agree to engage in appropriate professional conduct inside the classroom or any other educational space that students may reside (ie. Internships, fieldwork sites, and in-person, online, virtual, etc). Inappropriate, disruptive, or unprofessional conduct is not acceptable and defined in the university catalog’s Student Code of Conduct and Prohibited Student Conduct. Prohibited Student Conduct is a subsection of the Code of Student Conduct which outlines the specific behaviors that are prohibited. The jurisdiction of the Code of Student Conduct applies to all students; the definition and the associated policies apply. Prohibited student conduct in student housing may be specific to that area. Consequences for unacceptable conduct may include failing the class, removal from the program, and/or referral to the College Dean where the incident occurred for disciplinary action including but not limited to administrative withdrawal from a course, university warning, probation, suspension, or expulsion from the degree program or the university.
Instructors are responsible for presenting appropriate material in courses, and students are responsible for learning this material. Although it is a student’s academic performance that is evaluated in determining grades, student conduct is important in the academic setting. Enrollment in a class may be terminated by an administrative withdrawal due to unsatisfactory conduct in the class; disrespect of an instructor, faculty member, administrator, or staff member; academic dishonesty; judicial misconduct; or sanctions. A faculty member who wishes to request that a student(s) be administratively withdrawn should inform the department chairperson, support the request with evidence that the student(s) was warned either in writing or verbally and notify the Office of Academic Advising. The Office of Academic Advising will process the Administrative Withdrawal and notify the student in writing. All refund and financial aid policies apply.
Each student is responsible for maintaining standards of academic performance established for each course in which he or she is enrolled. Only students registered in the course, University staff, and guest invited by the instructor may attend class sessions All others, including children of registered students, will be asked to leave. If a minor child is present, both the parent and the child will be asked to leave.
Demonstration Policy
The University of La Verne is absolute in the belief of the right of free speech, and the intellectual development and self-definition of students, faculty, and staff. Demonstrations are often a part of the expression of ideas and beliefs. Experience leads us to believe that campus activities function better when there are policies to assure that demonstrations and the educational environment can exist side by side. La Verne’s Demonstration Policy is as follows:
- Access to Buildings and Offices: Participants may enter campus buildings for the purpose of conducting orderly and peaceful demonstrations. Exterior doorways and interior doorways that open into the office of administrative officials, faculty, or staff or into any other essential facility or building may not be blocked. Participants may stand or sit in the hallways but may not block the hallways or stairs. Participants may not enter or occupy any room or office without the permission of the faculty or staff member or administrative official in charge of that office.
- Noise Level: Noise in the building shall not be as loud as to prevent office workers from carrying on their normal business or so loud as to interfere with classes that meet in the building.
- Placards: Placards used by demonstrators inside or outside the building may be made of poster board or other similar material, but not out of material of a hard substance. Placards may be carried or worn on the person, but not tacked, or nailed to trees or lampposts or to the walls and windows of the building. Placards may be affixed by tape or string and remain in place for the duration of the demonstration so long as they do not damage the structures to which they are affixed.
- General Conduct: Students shall abide by the Behavior Standards of the University. Participants who are not affiliated with the University shall conduct themselves as guests and will be asked to leave the campus if their conduct is, in the judgment of University officials, disruptive or otherwise contrary to the mission of the University.
- Hours: Participants in the demonstration may be present in building(s) only during the normal hours of operations (i.e., when the buildings are open for business).
- Amplifying Equipment: No loudspeaker or other amplifying equipment is permitted inside or outside the building. Participants may use hand held megaphones outside the building, but these may not be connected to any type of electrical amplifying device. Electrical amplifying devices are subject to confiscation. Exceptions are not allowed.
- Care of University Property: Reasonable care must be taken to reduce as much as possible any damage to University buildings and lawn and turf areas. Trash must be collected and placed into trash containers. Participants who damage University property will be subject to financial restitution.
- Reservations: Student, faculty, or staff groups wishing to reserve the Quad, the Mall, or rooms for a demonstration may do so using the appropriate reservation procedures for these areas.
- Sanctions: Violations of this policy will be subject to University Judicial Procedures.
- All requests in reference to a Registration, Add, or Drop for a previous semester must be submitted with all supporting documentation within one (1) calendar year from the end of the semester being appealed.