Emergency Order

In response to the COVID-19 pandemic and to the resulting actions of the university administration, state officials, and the federal government, the Senate Committee on Student Discipline (SCSD) hereby implements the following temporary changes to the Student Disciplinary Procedures:

1. All administrative appointments, disciplinary interviews, and formal hearings will be conducted virtually (by phone or video conference). Where possible, disciplinary staff should use phone or Skype calls for administrative appointments in student conduct cases that will not be decided by a subcommittee (unless video conferencing is directly requested) and should generally reserve the use of video conferencing tools for subcommittee cases and formal hearings. Any reference to attending or being present in a hearing/meeting/proceeding also refers to virtual participation.
2. Any materials that a participant (student respondent, nonstudent complainant, etc.) previously had the right to review only in the Office for Student Conflict Resolution will now be made available to that participant via Box (or a similar platform). Respondents and complainants may also request such access for their advisors, which will be granted at the discretion of the Director of the Office for Student Conflict Resolution. Any misuse of these materials (intentionally making or retaining copies, distributing copies, or sharing access to the materials without authorization) will not be tolerated, will result in immediate loss of access, and may result in disciplinary action, legal action, formal complaints to the Bar, etc.
3. Regarding sections 2.03(b)(i)(1)(b) and 3.03(e)(i), “place” means “the instructions for participating in the virtual hearing.”
4. Section 2.03(b)(i)(5) is suspended.
5. Regarding section 2.03(b)(ii)(1), the following is suspended: “With the prior approval of the Chair and the consent of all participating respondents, exactly one subcommittee member may participate by phone or video conference. If technical issues interfere with the member’s remote participation on the day of the hearing and the member is not required for quorum, the member will be excused from the hearing. If the member is required for quorum, the hearing will be rescheduled unless all respondents agree to proceed in the absence of quorum.”
6. Regarding sections 3.02(c) and 3.03(c), student appellants are not required to sign the Notice of Appeal if it is sent from the student’s university email account.
7. Regarding section 4.02(a)(v), the petitioner will not be invited to participate “in person.” Instead, they will be invited to participate in a virtual hearing.
8. Regarding Appendix D, section 7(d), “location” means “the instructions for participating in the virtual hearing.”
9. Appendix D, section 7(e)(11) is suspended.
10. Regarding Appendix D, sections 7(f)(6), 7(f)(10), 7(f)(11), and 7(g)(1), “room” also refers to the virtual space in which the hearing is being conducted.
11. Regarding Appendix D, section 8(d), student appellants are not required to sign the Notice of Appeal if it is sent from the student’s university email account. Nonstudent appellants are not required to sign the Notice of Appeal if it is sent from an email address that Office for Student Conflict Resolution staff recognize as one previously used by that individual.
12. Regarding Appendix D, section 9(f), petitioners and participating complainants will not be invited to participate “in person.” Instead, they will be invited to participate in a virtual hearing.

In addition, the SCSD hereby clarifies that:

1. All respondents, complainants, and alleged victims continue to have the right to an advisor (and an interpreter) during all meetings with disciplinary staff and all formal disciplinary proceedings. Advisors may be physically present with their advisee or may participate in any virtual meeting to which the advisee is invited. Advisors remain unable to participate in the dialogue between their advisee and disciplinary staff, but they may directly request time to confer with their advisee (to be granted at the discretion of the disciplinary officer, investigator, or chair). Advisors and advisees who are not present in the same physical location may communicate by text, instant message, phone call, video conference tool, or any other method that does not disrupt the meeting/hearing.
2. Disciplinary officers remain responsible for monitoring sanction completion, but the SCSD recognizes that not all sanctions that were issued prior to the pandemic can be completed at this time. The SCSD expects all disciplinary officers to be understanding but also recognizes that it is the responsibility of each affected student to request an alternative sanction or deadline extension from their disciplinary officer.

The provisions of this order will remain in effect until the first business meeting of the SCSD in the Fall 2020 semester, or until such time as the Director of the Office for Student Conflict Resolution, in consultation with the Chair, determines that they are no longer necessary.