Disciplinary Procedures

Complainants, victims, witnesses, and respondents play specific roles within the student conduct process at the University of South Alabama. Complainants, victims, witnesses, and respondents who are unable to meet in person (e.g., online students) for meetings, hearings, or appeals may arrange a web-conference, telephone conference, or another form of synchronous communication approved by the Dean of Students.

a. Temporary Disciplinary Actions

Holds – Student Conduct may place a hold on a student’s academic record at any point during the student conduct process to ensure compliance with conduct outcomes and/or pending the resolution of the student conduct process. The hold will be released when the terms and conditions of the conduct outcomes have been satisfied and/or the student conduct process has been completed. In cases in which a student is expelled from the University, the hold will permanently remain on the student’s academic record to ensure the student does not re-enroll.
No Contact Directive – The Student Conduct Administrator (SCA) or the Vice President for Student Affairs/Dean of Students or their designee may issue a “no contact” order between two or more parties. The “no contact” directive instructs the parties to refrain from: 1. approaching one another at any time; 2. calling one another at any time; 3. sending via email, campus, or regular mail anything to one another; 4. contacting or communicating with one another,
including through a third party, in any way at any time.
Interim Suspension/Restriction – The Dean of Students or their designee may suspend or
restrict a student from specific areas of the University, or from the entire University, for an interim period of time pending disciplinary proceedings, criminal proceedings, or a medical evaluation, effective immediately and without prior notice, whenever there is an indication that the continued presence of the student poses a substantial and immediate threat to themself, to the safety and well-being of members of the University community, to the preservation of University property, or of interference with the normal operation of the University.

In the event a student is suspended or restricted on an interim basis pending an evaluation, the University will conduct an individualized assessment of the student that relies upon current medical knowledge or the best available objective evidence, to ascertain: (1) the nature, duration, and severity of the risk justifying the student’s exclusion from the specific area of the University; (2) the probability that the potential injury will actually occur; and (3) whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids
or services will mitigate the risk presented by the student. The individualized assessment will be conducted by the University with the student’s consent. If the student does not consent to an individualized assessment, the University will conduct a limited evaluation of whether, based upon the information available to it and in its reasonable judgment, an individual poses a direct threat to the health or safety of others.

A student suspended or restricted on an interim basis shall be given a prompt opportunity to appear before
the Dean of Students or their designee, and the University Behavioral Assessment Team in order to discuss
only the reliability of the information concerning the student’s conduct, including the matter of their identity,
or whether the conduct and surrounding circumstances reasonably indicate that the continued presence of
the student on University premises poses a substantial and immediate threat. This opportunity should be
offered within seventy-two (72) hours of the interim suspension/restriction being issued. An interim
suspension/restriction may be lifted through this process.

By law, parents of college students may not be notified of most violations of the Code of Student Conduct
without permission of the involved student(s). However, by law, the following exceptions are permitted:

For students under the age of 21, there may be a notification of parents with every responsible finding of:
- 5q Controlled Substances
- 5r Intoxication
- 5t Violation of the University Alcohol Policy

In all cases, notification will come only from the Dean of Students or their designee. If a student under the age of 21 can verifiably demonstrate that they have been emancipated from their parents, and the Registrar’s records show that the student’s and the parents’ home addresses are different, parental notification may not be necessary.

b. Filing a Complaint

Any member of the University community may initiate a complaint against a student or student organization for an alleged violation of the Code of Student Conduct. To file a complaint, you can fill out the incident report form available on the Student Conduct webpage or call 251-460-6172.

c. Review of Alleged Charges

The decision to pursue charges is made by the Student Conduct Administrator or the Vice President for Student Affairs/Dean of Students or their designee. A decision not to pursue charges may be appealed to an ad hoc committee (appointed by the Dean of Students) of the University Disciplinary Committee (UDC).

The UDC, appointed annually by the University President or their designee, is the body that hears and makes recommendations regarding charges of violation of the Code of Student Conduct when the charges are not resolved in the informal process discussed below. This committee of two to five students and a faculty or staff/administrator (except in charges of sexual misconduct where the UDC will have two to five students and two to four faculty or staff/administrators) is chaired by the non-voting Student Conduct Administrator or a designee of the Dean of Students.

No individual can force charges to be filed, and while participation by complainants, witnesses, or victims is encouraged, their participation is not necessary for charges to be filed and an action pursued.

d. Notification of Alleged Charges

Should the information available be sufficient to issue charge(s), the SCA will send a notice of charge(s) to the accused party, who upon the sending of a notice of charges becomes a respondent. Notice of charges shall include formal written notification of alleged violations, including the alleged behavior and the policies alleged to be violated.

In cases involving more than one respondent or an organization in the same fact pattern, an SCA may permit a facilitated informal conference or a hearing concerning the involved parties to be conducted either separately or jointly. In cases where the victim is not the complainant, the Student Conduct Office will notify the victim that a complaint has been filed and offer for that person to participate in the process.

Upon the notification of charges, a complainant shall be named. In many cases involving individual student behavior, the original complainant is the victim.

The Student Conduct Office may assist in identifying a member of the University community to serve as the complainant under one or more of the following conditions:

There are multiple acts by the same party that form a pattern of behavior that could constitute a violation.
There are multiple complainants or multiple complaints regarding the same party that arise out of the same fact pattern. In this instance, the SCA may select one of the complainants or another member of the University to represent the case.
The SCA determines it is in the best interest of the university community to charge a student/student organization and a complainant has not been identified.
When a complainant withdraws due to coercion or intimidation.

A University official who is appointed to serve as the complainant may not otherwise be involved in the case (e.g., as an investigator, Hearing Panel member, Appeals Panel member, etc.).

e. Postponing or Dismissing Alleged Charges

Student conduct proceedings and actions are not subject to challenge or postponement on the grounds that criminal or civil charges involving the same incident have been dismissed, reduced, or are pending. No individual can force student conduct charges to be dropped.

f. The Student Conduct Hearing

Prior to any disposition of charges, either through the informal or formal processes discussed below, separate meetings will be scheduled with the Student Conduct Administrator for any responding student/student organization and the complainant or victim to review key facts and issues that will be presented at the hearing, to exchange information as to witnesses likely to be called, and to answer questions. These meetings will not be used to resolve the alleged Code violation.

Participating as a Respondent

A student charged with violating the Code of Student Conduct has two hearing options. In most instances of minor violations where the responding student agrees that the complainant’s charges are basically correct and both parties agree, Option 1 may be utilized. In more serious incidents or when facts are disputed, Option 2 may be utilized.

Option 1 is an informal proceeding and includes a discussion between the respondent and the Student Conduct Administrator, after the Student Conduct Administrator has met with the complainant. Witnesses are not called; however, the complainant may be asked to be present at the meeting. The Student Conduct Administrator, at their sole discretion, may obtain information from other sources prior to this proceeding. Cases will be investigated and may be determined in absentia based on information gathered and/or submitted when a student and/or organization does not respond to a notification letter.

Option 2 is a formal hearing before the UDC and is chaired by a non-voting, non-deliberating Student Conduct Administrator. A formal hearing may involve the presentation of witness testimony by both the complainant/victim and the respondent. Both the complainant/victim and the respondent may question all witnesses presented. If the UDC, after deliberations, finds that the responding student is responsible for violating the Code of Student Conduct, the UDC will make recommendations to the Student Conduct Administrator regarding the sanctions to be imposed.

Participating as a Witness

Witnesses to alleged violations of the Code of Student Conduct are contacted by one of four parties: the respondent, the complainant, the alleged victim, or the Student Conduct Administrator. When contacted, witnesses will be given a time, date, and location of the hearing. A witness may refuse to participate or may participate in the following manner:

In writing, by providing a statement of fact before the hearing.
In writing, by answering written questions posed during the hearing.
In person, by attending the hearing and answering questions during the proceeding.

Participating as a Complainant

Complainants of alleged violations of policy have specific rights. They may choose to participate, or not, as complainant and/or witness. They also have the option of scheduling a pre-hearing conference prior to either the informal or formal hearing. In this conference, the Student Conduct Administrator will fully explain the judicial process, answer questions the complainant may have, discuss options for participating in the hearing, and help coordinate possible hearing dates and times. The complainant is also given an opportunity to provide an impact statement to be placed in the respondent’s disciplinary file, should the respondent be found responsible, with the understanding that the respondent has the right to review such information. The complainant shall have the right to be visually screened from the respondent.

Victim’s Rights in Student Conduct Hearings

Victims of alleged violations of the Code of Student Conduct have the following rights with respect to either hearing option 1 or option 2.

The right to a prompt, fair, and impartial process from the initial investigation to the final result.
The right not to attend a formal hearing.
The right to have an advisor, as defined in Hearing Procedures (7g) Option 2, accompany them during any conduct proceeding.
Prior to the student conduct hearing, the right to request immediate on-campus housing relocation
(based on availability), transfer of classes or other steps to prevent unnecessary or unwanted contact
or proximity to the accused, and enforcement of orders of protection such as “no contact” orders when such contact is likely to place the victim in danger of bodily injury and/or cause the victim severe emotional distress. The University will maintain confidentiality of any accommodations or protective measures provided to a victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or enforcement of protective measures.

g. Hearing Procedures

1. Option 1 is an informal hearing and includes a discussion between the respondent and the Student Conduct Administrator after the SCA has met with the complainant. Witnesses are not called; however, the complainant may be asked to be present at the meeting. The SCA, at their sole discretion, may obtain information from other sources prior to this proceeding. Cases will be investigated and may be determined in absentia based on information gathered and/or submitted when a student and/or organization does not respond to a notification letter.
2. Option 2 is a hearing before the University Disciplinary Committee and is chaired by a non-voting,
non-deliberating SCA. Whenever a formal hearing is to be held regarding an alleged incident of
non-academic prohibited conduct, the respondent and the complainant shall be given ten (10)
business days written notice of the charges alleged against the respondent and of the date, time,
and place of the hearing. The terms “notify in writing” or “transmit in writing” mean to email
written notice to the student’s jagmail account. Every effort shall be made to set a hearing date
that is convenient to all parties concerned. Once the date is set, the SCA, the respondent, or the
complainant/victim may request either a new time or date due to changing circumstances;
however, the decision to approve any requested change is solely the prerogative of the SCA.

The hearing shall be conducted by the SCA and be informal in nature, and legal rules of evidence shall not apply. The hearing shall be closed to everyone except the SCA, members of the UDC, the respondent, the complainant and/or victim, and advisors to the respondent and the complainant and/or victim. Witnesses will be present only during their own testimony. The complainant/victim and the respondent, have the right to:

Be present at the hearing. However, if either or both the complainant/victim and the respondent fail to appear at the hearing, the hearing may be held in the absence of either or both of those individuals.
Present evidence by witness or by affidavit if a witness is unable to attend the hearing. It is the responsibility of the respondent and the complainant/victim to notify their witnesses of the date, time, and place of the hearing. If witnesses fail to appear, the hearing shall be held in their absence.
Be assisted by an advisor of their choice, at their own expense. The advisor must be a member of the University community. “Member of the community” is defined as any student, faculty, or staff member who is currently attending or working at the University and who is able to abide by the confidentiality requirements of the hearing process.
The complainant/victim and respondent are responsible for presenting their own information; therefore, advisors are not permitted to speak or to participate directly in the hearing. Advisors may speak quietly to the individual they have accompanied if it does not impede the flow of the hearing, as determined by the Student Conduct Administrator. Delays in hearing dates will not be allowed due to the scheduling conflicts of an advisor. If the complainant/victim or the respondent is a party to criminal indictment arising out of the same circumstances, each is allowed to have an attorney serve as their advisor, at their own expense. As with any other advisor, attorneys may not address the UDC unless invited by the Student Conduct Administrator, nor may attorneys participate in the examination of witnesses or presentation of materials or information.
Question all witnesses. In the case of multiple participants in code violations, the Student Conduct Administrator may decide to hear the cases separately or collectively.
Offer pertinent records, exhibits, and written statements for consideration by the Student Conduct Administrator at their discretion. After the hearing, the UDC shall meet in private to determine whether the evidence/information presented or received by the UDC during the hearing proved that it is more likely than not that the respondent violated one or more sections of the Code.
There shall be a single verbatim record, such as a tape recording, of all formal hearings. This record does not include deliberations of the UDC. This record, along with any evidence or transcripts, is the property of the University. A complainant/victim or respondent may review the contents of their file through the Dean of Students Office.

h. Hearing Decisions

In determining whether or not a violation of the Code of Student Conduct has been committed, the UDC or Student Conduct Administrator will base its determinations on the standard of preponderance of evidence. The respondent will receive a written statement of finding with sanctions, if applicable, within ten (10) business days.

i. Disciplinary Sanctions

If the hearing decision is that the respondent has committed conduct prohibited in Section 5, the Student
Conduct Administrator shall consider the recommendation of the UDC and impose one or more appropriate
disciplinary measures. Disciplinary sanctions may include, but are not limited to, the following:

Community Service – A specified number of hours that a student works for a community service agency or a department on campus. Under direct supervision, the student performs their community service hours without compensation. Hours performed in this fashion may not count towards organizational service hours.
Conduct Probation – A student on conduct probation is deemed not to be in good judicial standing with the University and conditions may be imposed at the time the student is placed on conduct probation. If the student is found in violation of the Code another time prior to the completion of the probationary period, they may be subject to either suspension or expulsion from the University through the above-described disciplinary procedures. The duration of the probation period and conditions imposed will be commensurate with the degree of seriousness attached to the misconduct. Beginning and ending dates will be specified.
Educational Program or Assignment – Participation in educational programming, reflection pieces, or other activities that are designed to develop and/or expand a student’s understanding of a University rule or policy and/or support the student’s learning in relation to the rule or policy that was violated.
Expulsion – Permanent deprivation of the respondent’s opportunity to continue as a member of the University community. Violators may be subject to criminal trespassing charges.
Fines – Monetary fines may be levied against the student for violations of certain policies and procedures at the discretion of the Student Conduct Administrator.
Registration – Registration for subsequent terms, the conferral of the degree, and/or the release of transcripts may be withheld until all disciplinary measures have been concluded and any conditions imposed by the University have been fulfilled.
Removal from University Housing – Requires that the respondent move off campus. Beginning an ending times will be specified. Violators may be subject to criminal trespassing charges.
Restitution for Damages – In addition to the penalties described above, a student may be required to pay compensation for damage to University property; however, such compensation shall be limited to the actual cost of repair or replacement of such property. Failure to comply with this sanction by a specified date may result in placing a “hold” on the student’s records and further disciplinary action.
Restrictions – Limiting of certain privileges or practices of the individual(s) involved in the offense (e.g., restriction from representing the University in any official function or leadership position; or issuing a restriction for a particular building or space to the individual(s)).
Room Transfer – Requires the respondent to move rooms or areas to reduce the chances of additional problems. Probation will accompany such a move.
Suspension – Removal from the University for a period of time. The duration of the period of suspension shall be commensurate with the degree of seriousness attached to the misconduct. A suspension may be imposed for an indefinite period of time or for a given period. Violators may be subject to criminal trespassing charges.
Written Reprimand – A formal and official recognition of misconduct. Its intent is to declare that the behavior displayed in the subject incident was inappropriate within the University community. Actions in violation of the Code of Student Conduct in the future may result in a more severe disciplinary sanction.

In each case where the hearing decision results in separation from the University, the Office of the Dean of Students shall notify the dean of the academic unit in which the student has been enrolled.