Student Conduct

A report that is written about what happened and who was involved. We use “documentation”/ “document” instead of “write up”.

The student(s)/people who were documented.

Students alleged to have violated our community standards are called "respondents" in our conduct hearing process.

A member of the University community who is permitted to accompany the respondent during their conduct hearing; they are not permitted to speak on behalf of the respondent. They are only permitted to be a resource for the respondent. The advisor must be a member of the University community who is not an attorney; except when the respondent is, at the time of the hearing, facing criminal charges, or a credible threat of such charges being brought for the same incident.

Also called “initial meeting”; When a student is reported to have engaged in behavior that may have violated the Standards of Student Conduct, a conduct officer will reach out to the student and schedule an initial meeting.

During this meeting, the student will hear the report and share their perspective on what happened.

The purpose of a formal conduct hearing is to determine the truth about a respondent's alleged misconduct.

There are two forums for a hearing of non-Sexual Misconduct Violations:

1. An Administrative Conduct Board and when the accused student is an undergraduate student in The College.
2. A hearing with the All-Campus Judicial Council. Through an objective and fair process guided by the fundamental fairness standards, the hearing board determines:
   1. Whether, based on a preponderance of evidence (whether it is more likely than not), a violation occurred;
   2. Appropriate sanction(s) for a finding of responsibility.

A student participating in a conduct process may be offered the opportunity to accept responsibility for the alleged policy violation(s) without participating in a conduct hearing.

Students can accept, decline, or appeal.

The outcome of being found responsible for violating the Standards of Student Conduct.

Sanctions are given with the intent of being educational and not punitive. However, certain policy violations may result in a punitive sanction.

There are five different conduct bodies available for resolving alleged violations of the standards of the University community. They are as follows:

Residential Life Staff: These professional staff members resolve alleged violations of policies occurring in their respective living areas. They are authorized to issue the full range of responses up to, but not including, suspension from the University.

Administrative Conduct Officer: May conduct disciplinary hearings without a board or council by use of the responsible option; designated by the Judicial Officer and are authorized to issue the full range of University responses.

All Campus Judicial Council: The ACJC is for undergraduate student cases within The College only and is made up of student justices including a chief and deputy chief. ACJC works with, and is supported by, the Center for Student Conflict Management. This hearing body has authority to recommend the full range of University responses.

Administrative Conduct Board: Chaired by at least two University Administrators. In certain circumstances, members of the All-Campus Judicial Council may also be included in an Administrative Conduct Board. This conduct board is authorized to issue the full range of University responses.

Sexual Misconduct Hearing Board: Consists of up to two adjudicators who may be University administrators or external hearing officers who receive annual training on issues related to sex and gender-based misconduct. This adjudicator(s) is authorized to issue the full range of University responses.

Formerly known as an Active Avoidance Order (AAO)

As listed in the document when it is sent, an NCO states that parties avoid each other (and discussing each other to uninvolved parties) at all opportunities, both in person and online, and if in the same space, they make an effort to leave that space as soon as possible. An NCO is not a sanction, however violating an NCO may lead to a conduct violation.

• Student(s) documented.
• Conduct Officer

• No, the University of Rochester’s conduct process is one that is restorative and educational, seeking to support all students involved in this process.
• What is the difference between a Conduct Meeting and a Conduct Hearing?
  • Conduct Meeting: Also called “initial meeting”; When a student is reported to have engaged in behavior that may be detrimental to the University community, a conduct officer will reach out to the student and schedule an initial meeting. During this meeting, the student(s) will hear the report and share their perspective on what happened.
  • Conduct Hearing: The purpose of a formal conduct hearing is to determine the truth about a respondent's alleged misconduct. There are two forums for a hearing of non-Sexual Misconduct Violations:
    • an Administrative Conduct Board.
    • a hearing with the All-Campus Judicial Council.
  • Through an objective process guided by the fundamental fairness standards, the hearing board determines:
    • Whether, based on a preponderance of evidence (whether it is more likely than not, using a reasonable person standard), a violation occurred and
    • Appropriate sanction(s) for a finding of responsibility.
    • For more detailed information, please see page 9 of the Standards of Student Conduct
  • Will this be on my permanent record?
    • In most settings, the term “permanent record” can be used interchangeably with “transcripts”, however there is a difference between “conduct record” and “transcript”
      • The only disciplinary conduct items that appear on a transcript are; Suspension, Expulsion, and if a student leaves the University of Rochester without resolving a conduct incident
    • Only disciplinary sanctions appear on your conduct record, which may include (but are not limited to): probation, removal from housing, suspension, expulsion, etc.
    • For more detailed information, please see the section titled “University of Rochester Transcript Notation Policy” in the Standards of Student Conduct.

A conduct officer will contact your student to schedule a meeting. For more information, please review the Standards of Student Conduct (pdf).

Failure to show up once will result in the conduct officer reaching out to reschedule. Failure to show up more than once may result in a Failure to Comply charge being added to your case, and your conduct meeting being elevated to a conduct hearing.

• The conduct officer
• The involved student(s)
• An advisor to the involved student (As laid out in the Standards of Student Conduct (pdf))

A lawyer may be utilized as an advisor only when the student is or may be facing criminal charges.

No, a parent/guardian cannot be used as an advisor for a conduct meeting.

You may receive an educational sanction, which you will need to complete to close the matter. Depending on the level of severity of the policy violation, you may receive a disciplinary sanction. The conduct officer will discuss the possible outcomes with you during your meeting.

• Documentation from responding staff members (e.g. RA, DPS, etc.)
• Witness statements, if applicable
• A “reasonable person standard” and the “preponderance of evidence” is used when reviewing evidence and statements

• The Center for Student Conflict Management (CSCM)
• Residential Life professional staff (e.g. Area Coordinators, Associate Directors, Executive Director)

Graduate schools/employers may, with a signed release of information, find out about your disciplinary record if the sanction of the policy you violated rises to the level of being documented on your transcripts and/or conduct record (some institutions only ask for transcripts, some ask for both transcripts and conduct history). See also the answer to the question “Will this end up on my permanent record?”.

Yes. For information on how to appeal a decision, please review the “Appeals” sections of the Standards of Student Conduct (pdf).

Failure to show up once will result in the conduct officer reaching out to reschedule. Failure to show up more than once may result in a Failure to Comply charge being added to your case.

An ACJC board is for undergraduate student cases within The College only and is made up of student justices including a chief and deputy chief. ACJC works with, and is supported by, the Center for Student Conflict Management. This hearing body has authority to recommend the full range of University responses.

An Administrative Conduct Board is chaired by at least two University administrators. This conduct board is authorized to issue the full range of University responses.

You, your advisor (if applicable), the hearing board, and any relevant witnesses.

A lawyer may be utilized as an advisor only when the student is or may be facing criminal charges.

No, a parent/guardian cannot be used as an advisor for a conduct hearing.

Yes, the Code of Conduct dictates that a student is given at least seven days from being notified of a hearing to review documents and files they may have not otherwise had access to (shared via a secure Box folder). As discussed in the Standards of Student Conduct, a student may not download or share these documents.

• Documentation from responding staff members (e.g. RA, DPS, etc.)
• Preponderance of evidence using a “reasonable person’s standard”
• Witness statements, if applicable

You may receive an educational sanction, which you will need to complete to close the matter. Depending on the level of severity of the policy violation, you may receive a disciplinary sanction. The conduct officer will discuss the possible outcomes with you during your meeting.

Yes. For information on how to appeal a decision, please review the “Appeals” sections of the Standards of Student Conduct (pdf).

No Contact Orders can be issued by the Dean of Students, the Center for Student Conflict Management, the Department of Public Safety, the University Title IX Coordinator and/or their designee, in order to limit the contact between two or more individuals that are engaged in an interpersonal conflict. NCOs may be issued for the following: harassment, threats, physical assault, stalking, domestic violence, dating violence, sexual assault, retaliation or intimidation, or other behavior as outlined in the Student Code of Conduct. A No Contact Order is not considered disciplinary action and no determination regarding a party's responsibility for any potential University disciplinary proceedings should be inferred from the issuance of a No Contact Order.

Supportive measures may be requested by the impacted students or imposed by the University on its own initiative, including if there is an ongoing campus disciplinary proceeding. For example, a Complainant or a Respondent may request an NCO, or the University may choose to impose NCOs or other measures at its discretion to ensure the safety of all parties, the broader University community and/or the integrity of a process.

For as long as both individuals are affiliated with the university or unless explicitly stated on your NCO. However, NCOs may be removed, modified, or maintained at the University’s discretion. The NCO may also be removed, modified, or maintained depending on the outcome of an investigation, adjudication, and the determination regarding the appropriate remedy, if any.

Under a No Contact Order (NCO), you may not contact the other party through verbal, nonverbal, physical, electronic, or other forms of communication. You may not communicate with the other party through means that include, but are not limited to, a mailed written letter, email, through the use of social networking sites, phone calls, text messages, and voicemails.

In addition, this restriction of contact extends to any actions that a “third party,” such as a friend, family member, or acquaintance, takes on your behalf. For example, you may not ask a classmate to send a text message to the other party for you. You may also not ask your advisor of choice in this matter to directly contact the other party.

You may also be restricted from the other party's residential life space, work location, club/organization, or other location. Any additional terms shall be expressly stated in the NCO. Additional protective measures or other terms need not be reciprocal.

NCOs cannot ensure that students will not see one another on campus nor be in close proximity to one another. Rather, they serve to limit potential interactions between the parties.

If you are uncertain about whether a communication or action could constitute a violation of your NCO, you should request clarification from the Department that issued it before participating in such communication or action.  

You are required to keep apart from the other party. If you observe the other party in a public place they are otherwise permitted to be, then it is your responsibility to stay away from that place. We understand that following this directive may be challenging in practice, and require you to follow these guidelines:

• If you see the other party taking part in a campus activity, do not join that activity, but wait until the other party leaves. For instance, if you see the other party in line at a dining area, library, registrar’s office, or other campus facility, you should not enter that line behind them. Wait until they are finished before joining the line.
• We understand that you may only be able to use campus resources, like a gymnasium or library, at certain times. If you find that the other party is using a campus resource you need at the only time you can use it, do not attempt to use that resource, but instead delay your entrance or utilize a different location.
• If the other party enters a space you cannot leave, such as your campus workplace or classroom, unless otherwise stated in your NCO, please contact the Department of Public Safety and/or your supervisor immediately for further assistance.
• This responsibility remains in effect unless leaving an area would constitute interference with the respondent’s ability to fulfill their academic or work responsibilities.

The University of Rochester Title IX Grievance Process and Student Conduct of Conduct prohibit any act of retaliation, harassment, or intimidation designed to interfere with another person’s Title IX rights. Violation of this order may constitute an act of Title IX retaliation or otherwise violate campus policy and may result in additional conduct charges, interim suspension, arrest, or other sanctions as deemed appropriate by the Office of the Dean of Students.

Each party is instructed to contact the Department of Public Safety at (585) 275-3333 when a situation occurs in which one party is engaging in behavior that may violate the NCO. All parties are further instructed to contact the Center for Student Conflict Management with supporting evidence if one party attempts to contact the other or fails to adhere to the NCO.

Upon request, both parties will be afforded a prompt review, reasonable under the circumstances, of the need for, and terms of, the NCO and shall be allowed to submit evidence in support of their request for removal or modification. To request a review of the NCO, you must do so in writing by sending an email to conflict.management@rochester.edu with the changes you feel should be made to the order and the basis for each proposed change to the Dean of Students.

A one-way NCO only restricts one party (generally, the respondent), while a mutual NCO prohibits either party from contacting the other. In matters alleging sexual misconduct, the Title IX Coordinator, or their designee retains sole discretion to issue a “one-way” or “mutual” No Contact Order. The decision to apply either type of restriction is fact-specific. A request for an NCO does not automatically result in the issuance of an NCO. The Title IX Coordinator or their designee will consider all facts and circumstances that may be relevant to whether a No Contact Order should be issued, including, but not limited to, the following factors:

• Whether the alleged prohibited conduct indicates an act of physical violence or threatened act of physical violence;
• Whether the alleged prohibited conduct indicates any threat to the safety, health, or property of an individual or harassment or intimidation of either of the parties;
• When there is a substantial risk of harm from continued contact between students;
• When continued contact between students may have a material impact on campus disciplinary proceedings;
• When a student requests one as a supportive measure in the course of reporting a potential violation of the University of Rochester Policy on Title IX Sex Discrimination, Sex-based Harassment, and Sex and Gender-Based Misconduct;
• When the Title IX Office opens an investigation.

A conduct officer will contact your student to schedule a meeting. For more information, please see “The Conduct Process” FAQ section.

No, due to the Family Educational Rights to Privacy Act (FERPA).

• The Center for Student Conflict Management (CSCM)
• Residential life professional staff (e.g. area coordinators, associate directors, executive director)

In most settings, the term “permanent record” can be used interchangeably with “transcripts”, however there is a difference between “conduct record” and “transcript”. The only disciplinary conduct items that appear on a transcript are Suspension, Expulsion, and if a student leaves the University of Rochester without resolving a conduct incident.

Only disciplinary sanctions appear on your student’s conduct record, which may include (but are not limited to): probation, removal from housing, suspension, expulsion, etc.

For more detailed information, please see the section titled “University of Rochester Transcript Notation Policy” in the Standards of Student Conduct (pdf).

Graduate schools/employers may, with a signed release of information, find out about your student’s disciplinary record, if the sanction for the policy your student violated rises to the level of being documented on your transcripts and/or conduct record (some institutions only ask for transcripts, some ask for both transcripts and conduct history).

A “Dean’s Fee” is applied to all conduct sanctions where a student was found responsible for violating the Code of Conduct.

The University of Rochester’s conduct process is one that is restorative and educational, seeking to support all students involved in this process.

It is our goal that students learn about the impact of their decision-making, for themselves and the community, during the conduct process.

Contact the Center for Student Conflict Management (CSCM) by email at conflict.management@rochester.edu.