III. Student Conduct Procedures
These procedures have been authorized for use effective Aug. 15, 1998, replacing the procedures adopted in 1969 and revised in 1982, 1985, 1990, 1991, 1992, 1993, 1994 and 2011.
A. Overview Key Concepts and Definitions
The standards of conduct cited in the community expectations pertain to all students attending Marquette University. Students who are found responsible for violating these standards will receive one or more of the disciplinary actions noted above. To determine if a student is responsible for a conduct violation, the student conduct procedures described below will be followed.
In most cases an incident report will be filed by a Public Safety officer, another university staff member or a student. After an incident report is filed, it will be referred to a student conduct administrator. The student conduct administrator will review the case and decide whether the
case will be handled through an administrative hearing or a student conduct review board hearing. In some cases, the student conduct administrator may offer the students involved in an incident the opportunity to substitute a 57 student conduct hearing with a student conduct conference or hall management conference (described below).
A respondent refers to the student who has been charged with a violation of university policy. A complainant refers to any person who reports an alleged policy violation.
The respondent(s), victim(s), complainants and witness(es) identified in the incident report will be notified and will be asked to appear at the hearing. All parties will be asked to provide written and/or verbal testimony and to explain what happened. A determination of responsibility will be
based on the evidence presented at the hearing. The standard used to determine responsibility is a preponderance of the evidence, whether it is “more likely than not” that the respondent has violated the policy.
This hearing shall follow the procedures outlined in Section III.H. During the hearing, a respondent will have certain rights and responsibilities. (These are described in Section III.H. 2.) An electronic or other verbatim record
shall be made of all board and administrative hearings.
In board hearings, the board will submit its recommendations to a student conduct administrator. At the conclusion of the hearing process, a respondent will have the right to appeal the disciplinary decision based on
the criteria listed in Section III.I.
B. Notification
1. The respondent will be notified by the student conduct administrator at least three working days before the hearing of the date, time, location and nature of the hearing, including a description of the specific standards of
conduct alleged to have been violated. The respondent may request a delay of up to five working days for the start of the hearing. (The procedure is described in Section III.H.3.) The first decision on the hearing date
and location of a delayed hearing will be decided by the student conduct administrator. All communications to the student may be verbal but must subsequently be confirmed in writing
2. The written hearing notification may be sent to the student’s residence or may be communicated to the student via email to the student’s Marquette email account. Students are expected to check their email on a frequent and consistent basis and act in a timely manner as outlined
in the official use of email to communicate with students policy (see page 41).
3. The hearing notification letter will be accompanied by a description of the student conduct process, information about student conduct assistants, witnesses, advisers; and a listing of potential disciplinary actions,
as well as a notice about whether the formal hearing will be held by a student conduct administrator or a student conduct review board.
C. Administrative Hearing
An administrative hearing is a formal hearing conducted by one (or two) student conduct administrators. The student conduct administrator(s) will review all of the evidence, decide responsibility and assign or recommend a disciplinary action as appropriate. The administrative hearing will follow
the procedures outlined in Section III.H.
D. Student Conduct Review Board Hearing
The student conduct review board will conduct a formal hearing on all cases assigned to it for the purposes of reviewing the evidence and recommending a finding of responsibility and disciplinary actions to the student conduct administrator. The non-voting board chairperson
will arrange for the hearing, chair the session(s), and develop a written statement of the findings and recommended action(s) from the student conduct review board. The board hearing will follow the procedures
outlined in Section III.H. The respondent has the option of requesting that an administrative hearing be scheduled in place of the board hearing to resolve the case, if this request is made at least one working day before the start of a scheduled board hearing.
E. Student Conduct Conference
In some cases, the student conduct administrator may offer the student(s) involved in an incident the opportunity to substitute a student conduct conference for a student conduct hearing. The student conduct conference can only take place if there is no victim in the incident, if the
respondent accepts responsibility for the inappropriate behavior, and if the respondent elects the option of a student conduct conference and waives the right to a student conduct hearing. A student conduct conference involves the following elements: It replaces a conduct hearing; does not require three days’ written notice; is not taped; usually does not involve in-person witness testimony; is usually considered an option only
for students who have not been found responsible for prior violations of the student conduct code; and can lead to the imposition of disciplinary action for inappropriate behavior. Following the conference, the student conduct
administrator will determine appropriate disciplinary action (with consultation as appropriate) and communicate the action to the student in writing within five working days following the conduct conference.
F. Hall Management Conference
When a residence hall student appears to have violated university policy on or off campus, the student’s hall director will contact the student within two days of the incident to discuss the incident. After discussion, the hall
director will determine whether the student was responsible or not for the alleged violation and whether any disciplinary actions (e.g., fines, papers, programs) will 58 be assigned. Information relating to this incident will be
kept on file and may be considered if subsequent violations occur. Noncompliance with assigned disciplinary actions will result in further and formal conduct proceedings. If the original incident is a serious policy
violation or a repeat violation, the student may be directly referred to the formal conduct system. If another violation does occur after a hall management conference takes place, the hall director may refer the incident to a different conduct administrator or a student conduct board through the formal conduct system.
G. Organizational Hearing
An organizational hearing is a formal hearing conducted by one or more student conduct administrators. This type of hearing is conducted when there is a violation of the standards of conduct on premises owned, rented or operated by the organization; during an organization event; in any situation sponsored or endorsed by the organization; or in any event an observer would associate with the organization. The student conduct administrator(s) will review all of the evidence and decide responsibility or
non-responsibility. If there is a decision of responsibility, the conduct administrator(s) will then assign or recommend a disciplinary action for the organization and/or individual member(s), as appropriate. An organizational hearing differs from an administrative hearing in that (1) the organization’s adviser (faculty, administrative, staff, alumni or other) is invited to attend the hearing; (2) the organization’s president and executive officers will usually officially represent the organization at the hearing, although additional officers and/or members of the organization may be invited
to the hearing; and (3) the organization will be asked to submit a written statement about the incident and its members’ involvement that will be used during the hearing. Otherwise, the organizational hearing will follow
the procedures outlined in Section III.H.
Policies and Procedures
- Student Conduct Code
- Conduct Questions and Answers
- Student Organization Handbook
- Policies Related to Greek Life
- Student Handbook
- Office of Student Development Forms & Resources
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