Commonly Asked Questions
How long will my judicial process take?
What is the difference between a minor and major charge?
What is an incident report?
What is an investigation letter?
What happens following the reporting of an alleged incident?
What if I have a conflict with the assigned time of my hearing?
If I don't show up for a hearing, I can't be sanctioned, right?
What is it like having an administrative hearing with the Associate Dean of Students or his or her designee?
What is the difference between the Integrity Code Board and the Student Honor Court?
Can I have a lawyer present for any of the three hearings?
If I am sanctioned, do I now have a "record?"
Who can see my record?
If an incident is being handled in the courts, may the University also take action?
How long will my judicial process take?
If the charge is considered minor, then the entire process should be resolved with one meeting. The exception to this is if you choose to request a hearing board, which will lengthen the process. With major charges, there will be at least two separate meetings, with perhaps more depending upon the length of the investigation and the type of hearing.
What is the difference between a minor and major charge?
a) Minor charges are those which pose no significant threat to property or individuals, but which indicate a lack of regard for the rights, property, or personal privileges of individuals or groups within the University and neighboring community. Examples include damaging University grounds or disturbing the peace.
b) Major charges include any acts that pose a significant threat to personal or University-owned property or to the physical safety or psychological security of individuals and/or groups within the University and the neighboring community. Examples include causing physical harm and theft. Also, the accumulation of several repeated minor violations can result in an individual being charged with one major violation.
(The Associate Dean of Students makes the decision as to which charges warrant minor or major consideration)
What is an incident report?
It is a written document (referred to as a Communication Report), written by a Residence Life staff member who has witnessed or become aware of a possible violation of the Integrity Code.
What is an investigation letter?
It is a letter outlining which parts of the Integrity Code have allegedly been violated. It will typically state the date and time of a hearing with the Associate Dean of Students or his or her designee.
What happens following the reporting of an alleged incident?
After an incident is reported, the Associate Dean of Students does one of the following:
a. chooses not to file any charges
b. sends a warning letter to the student
c. assigns minor charges
d. begins a major investigation
What if I have a conflict with the assigned time of my hearing?
Call the office of the Associate Dean of Students at (253) 879-3322, and reschedule. The hearing is your opportunity to share your side of the story, so it is in your best interest to follow through. You must reschedule the hearing at least 48 hours prior to the time at which it is supposed to take place.
If I don't show up for a hearing, I can't be sanctioned, right?
Wrong. If you choose not to attend, the hearing will continue without you and a sanction may be levied. In any case of absence of the charged student from the hearing, no inference of responsibility or innocence is drawn from such absence. The hearing officer makes a decision with the information they have available at the time.
What is it like having an administrative hearing with the Associate Dean of Students or his or her designee?
As the hearing officer, he or she reviews the charges with you and gives you the opportunity to share your story. Together you discuss the situation and what you learned from it. He or she may also talk about expectations for the future.
What is the difference between the Integrity Code Board and the Student Honor Court?
Basically, the Integrity Code Board is a smaller and more informal setting. While the Student Honor Court's decision is considered final (by way of a majority vote and pending any review), the ICB makes a determination of responsibility and suggests a sanction to the Associate Dean of Students, who then renders the final decision.
Can I have a lawyer present for any of the three hearings?
No. The student may have an advisor, who is not an attorney, present during Integrity Code Board hearings or Student Honor Court hearings. The advisor is not permitted to prepare or submit documents, present arguments, or participate actively in the hearings - his or her sole role is to advise the student. In Student Honor Court hearings, the Associate Dean of Students may also have an advisor present.
If I am sanctioned, do I now have a "record?"
Yes. The Associate Dean of Students will retain a confidential record of any disciplinary proceeding against a student and its final disposition. This record is kept separate from records retained in the Registrar's Office and is retained for five years (except that a sanction of conduct expulsion or conduct suspension is to be noted on the student's permanent academic record).
Who can see my record?
The record may not be disclosed by the University without the written consent of the student(s) to whom the requested information pertains, unless otherwise permitted or required by the Family Educational Rights and Privacy Act (FERPA) of 1974, the Student Right-to-Know and Campus Security Act of 1990, or the Clergy Act of 1998. The alleged victim of a violent crime or sexual harassment offence will be informed of the decision and any sanction resulting from any proceeding against the alleged perpetrator with respect to that offence.
If an incident is being handled in the courts, may the University also take action?
Yes. Students sometimes find their conduct reviewed by two or more authorities. This is not "double jeopardy", which is a legal concept regarding being tried twice in a criminal court. The University does not consider your allegation a violation of the law (as the court does), but it does consider it a violation of the Integrity Code or the University policy.
