Process and Procedure for Student Conduct Violations
Student behavior that may violate the Student Code of Conduct will be addressed through the processes described below. The University seeks to resolve alleged violations in a manner that is fair, educational, and consistent with its commitment to student learning, accountability, and community well-being.
University officials have the discretion to determine the most appropriate resolution process based on the nature of the alleged violation, the circumstances of the incident, prior conduct history, the impact on individuals or the University community, and other relevant factors.
Reporting a Student Code of Conduct Violation
Any member of the community (e.g., students, faculty or staff) may file a report detailing a violation of the Student Code of Conduct. A report may be filed with the Office of Student Life and Engagement or another appropriate University official:
- studentlife@baypath.edu
- Ramona East, reast@baypath.edu
- Dr. Jody Goodman, jgoodman@baypath.edu
Academic Policy Violations
The process and procedures for any Academic Policy violations including but not limited to plagiarism, cheating, intellectual property theft, and the unauthorized use of AI in course work are described in the Academic Catalog.
Sexual Misconduct Policy Violations
Please consult the University's Title IX Policy and Statement of Non-Discrimination for complete information regarding prohibited conduct, reporting options, available support resources, and the procedures for resolving reports and complaints.
Code of Conduct Violation Resolutions
The University uses two resolution processes to address alleged violations of the Student Code of Conduct:
- Informal Resolutions
- Formal Resolutions (Student Conduct Review Board)
The University will determine the most appropriate resolution process based on the nature of the alleged violation, the circumstances of the incident, prior conduct history, the impact on individuals or the University community, and other relevant factors.
Whenever appropriate, the University seeks to resolve conduct matters through educational and developmental approaches that promote accountability, reflection, responsible decision-making, and the opportunity to repair harm. More serious or repeated violations, or conduct that poses a significant risk to individuals or the University community, may require Formal Resolution.
Informal Resolutions
An Informal Resolution is an educational and administrative process used to resolve alleged violations of the Student Code of Conduct without a formal hearing.
The purpose of the Informal Resolution process is to help students understand the impact of their behavior, accept responsibility when appropriate, learn from the experience, and identify positive steps moving forward while supporting the well-being of the University community.
Students participating in an Informal Resolution will meet with a designated administrator in the Office of Student Life and Engagement to discuss the alleged behavior, review the available information, respond to the allegation(s), and determine an appropriate resolution.
If the student is found responsible for violating University policy, the designated administrator may assign educational outcomes and other appropriate sanctions available through the Informal Resolution process (see Sanctions).
If, at any time during the Informal Resolution process, the University determines that a Formal Resolution is more appropriate, the matter may be referred to the Student Conduct Review Board. Likewise, a student may request that the matter be referred to the Student Conduct Review Board rather than be resolved through the Informal Resolution process.
Informal Resolution Process
Students participating in the Informal Resolution process can expect the following:
- To receive written notice of the alleged violation(s) and the basis for the allegation(s).
- To have an opportunity to respond to the allegation(s) and provide relevant information.
- To discuss the circumstances surrounding the incident, including the impact of the behavior on themselves, others, and the University community, and identify opportunities to repair harm when appropriate.
- To bring one advisor who is a University faculty or staff member who is not involved in the matter and will not serve as a witness. The advisor may advise the student but may not speak on the student's behalf or otherwise participate in the Informal Resolution process. Except in matters involving Sexual Misconduct or Title IX, the advisor may not serve as legal counsel.
- To request the participation of fact and/or character witnesses. The designated administrator has discretion to determine which requested witnesses will participate in the Informal Resolution process.
- To receive written notification of the outcome, including any educational outcomes or sanctions assigned if found responsible for violating University policy.
- To understand that Informal Resolution outcomes are final and are not subject to appeal.
Formal Resolution (Student Conduct Review Board)
A Formal Resolution is used when the University determines that a hearing is the most appropriate method for resolving an alleged violation of the Student Code of Conduct.
Formal Resolution is generally used when:
- The alleged violation is serious
- The alleged behavior presents a significant concern for the safety or well-being of individuals or the University community
- Repeated violations indicate that previous educational or disciplinary interventions have not been successful
- The University determines that a hearing is the most appropriate method for resolving the matter
Students participating in a Formal Resolution will receive written notice of the alleged violation(s), information regarding the hearing process, and the date, time, and location of the hearing.
Students participating in a Formal Resolution are entitled to the procedures and appeal rights described below.
Student Conduct Review Board Process
Composition
The Student Conduct Review Board is appointed annually by the Dean of Students and Engagement or their designee and is composed of faculty, staff, and students. Members receive appropriate training related to the Student Code of Conduct and University procedures.
Formal Resolution cases are heard by a Student Conduct Review Board Hearing Panel, which is selected from the Student Conduct Review Board. The Hearing Panel will generally consist of faculty, staff, and students. The University may modify the composition of the Hearing Panel as appropriate based on the circumstances of the case, member availability, or conflicts of interest.
Members of the Hearing Panel must be impartial and may not participate in a matter in which they have a conflict of interest or prior involvement that could reasonably affect their ability to make an unbiased decision.
Hearing Panel
Cases referred to this level are reviewed by a Student Conduct Review Board Hearing Panel, a three (3) person panel composed of at minimum one (1) student and two (2) faculty/staff members drawn from the Student Conduct Review Board. One member of the panel will serve as the Hearing Panel Chair. If in the sole judgment of the Dean of Students or their designee it is appropriate to alter the composition of the hearing panel, the Dean or their designee can arrange that the panel be composed of all faculty/staff or all students.
If a student conduct violation is referred to the Student Conduct Review Board for resolution by a Hearing Panel, the Dean of Students or their designee will notify those involved in writing. Students appearing before a hearing panel for student conduct violations should consult the procedures outlined below.
Notice of Hearing
Students participating in a Formal Resolution will receive written notice of the hearing.
The notice will generally include:
- The alleged violation(s) of University policy
- A summary of the reported conduct
- The date, time, and location (or virtual meeting information) for the hearing
- Information regarding the Formal Resolution process
- Information regarding the respondent's rights and responsibilities
- Instructions for requesting witnesses and submitting relevant information
- Information regarding the right to be accompanied by an advisor
Students are responsible for reviewing the information provided by the University and submitting any requested information by the established deadlines.
The respondent may be accompanied by one advisor who is a University faculty or staff member who is not involved in the matter and will not serve as a witness. The advisor may provide support and guidance but may not speak on the student's behalf or otherwise participate in the hearing. Except in matters involving Sexual Misconduct or Title IX, the advisor may not serve as legal counsel.
The respondent may request the participation of relevant fact or character witnesses. The Hearing Panel Chair will determine the relevance of requested witnesses and information.
Failure to attend a scheduled hearing does not prevent the University from proceeding with the hearing or issuing a decision based on the information available.
Interim Measures – Temporary Suspension or Restriction Pending a Hearing
The Dean of Students or their designee(s), may suspend a student who is the subject of a serious conduct incident as determined by the University, without prejudice, from the campus or assign other forms of restrictions, pending a hearing by a Student Conduct Review Board.
Student Conduct Review Board Hearing
The purpose of the Student Conduct Review Board Hearing is to determine whether the respondent is responsible for violating University policy and, when appropriate, determine educational outcomes and disciplinary sanctions.
The Hearing Panel will consider information presented by the respondent, complainant (when applicable), witnesses, and any other information the Hearing Panel determines to be relevant.
The Hearing Panel uses the preponderance of the evidence standard when determining responsibility. A student will be found responsible when the information presented demonstrates that it is more likely than not that a violation occurred.
The Hearing Panel Chair is responsible for maintaining an orderly hearing, determining the relevance of information and witnesses, and ensuring a fair and equitable process.
Hearings are private. Information related to the hearing will be shared only with individuals who have a legitimate educational or administrative need to know or as otherwise permitted or required by law.
A record of the hearing will be maintained by the University.
Decision and Notice of Outcome
Following the hearing, the Hearing Panel will deliberate in private.
Responsibility is determined by a majority vote of the Hearing Panel based solely on the information presented during the hearing.
If the respondent is found responsible, the Hearing Panel will determine appropriate educational outcomes and disciplinary sanctions after considering:
- The nature and severity of the violation.
- The impact of the behavior on individuals and the University community.
- Prior conduct history.
- Acceptance of responsibility.
- Other relevant circumstances.
The respondent will receive written notification of the outcome.
The written outcome will generally include:
- The finding for each alleged violation.
- Educational outcomes and/or disciplinary sanctions, when applicable.
- Any conditions associated with the outcome.
- Information regarding the appeal process.
The University will ordinarily provide written notice of the outcome within a reasonable period following the hearing.
Appeals
A respondent may appeal the decision of a Student Conduct Review Board Hearing Panel on one or more of the following grounds:
- A material procedural error that may have affected the outcome.
- A conflict of interest or bias that materially affected the fairness of the process.
- New information that was not reasonably available at the time of the hearing and could have affected the outcome.
- The disciplinary sanction imposed is disproportionate to the violation.
Appeals must be submitted in writing to the Dean of Students and Engagement or their designee within seven (7) Business Days of the date the written outcome is issued.
The appeal must identify the applicable grounds and include any supporting documentation.
The Dean of Students and Engagement or their designee will determine whether the appeal establishes sufficient grounds for further review.
If an appeal is granted, the University may:
- Affirm the original decision and sanctions.
- Modify the educational outcomes and/or disciplinary sanctions.
- Return the matter to the Hearing Panel for further review.
- Order a new hearing.
- Reverse the finding of responsibility.
The decision on appeal is final.