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Policies

Honor Code Investigation and Administrative Review Procedure

1. Purpose

The purpose of the Honor Code investigation and administrative review process is to assist Brigham Young University–Hawaii and its students to preserve and enhance an educational environment conducive to achieving and fulfilling the mission of BYU–Hawaii. It is the intent of BYU–Hawaii that this process be implemented in a collegial, nonadversarial manner, which will serve to educate students as to their moral responsibilities, aid them in developing their character, and assist them in protecting both their integrity and that of the university. Nevertheless, BYU–Hawaii also recognizes that there may be instances in which a student’s behavior may warrant his or her dismissal from the university or other disciplinary proceedings in order to protect the interests of the university and campus community.

Generally, the university will follow the procedural guidelines as outlined in this document. However, the procedures set forth in this document are merely guidelines and are not intended to create any contractual obligations or expectations. The university reserves the right, at its discretion, to vary from these procedures according to the circumstances of individual matters, so long as the student receives from the university, prior to the actual implementation of any disciplinary action, (i) notice of the nature of the alleged or suspected Honor Code violation(s) and (ii) an opportunity to respond.

Both the investigation of reported Honor Code violations and the administrative review process are under the direction of the vice president of student development & services. The Office of the General Counsel may advise university personnel involved in the investigation or administrative review anytime during the process as to matters of university policy and procedure relevant to the deliberations

2. INVESTIGATION AND DETERMINATION OF REPORTED HONOR CODE VIOLATIONS

The university, at its discretion, may choose to investigate reported or suspected Honor Code violations. This investigation is separate from any civil, criminal, or ecclesiastical proceedings. Reports of Honor Code violations are generally investigated according to the guidelines and procedures below although variations may occur depending on circumstances.

2.1 Violation Reports and Privacy

Anyone may refer a student to the Office of Honor (OOH) for reported violation(s) of the Honor Code, whether the alleged conduct occurred on or off campus. The person submitting a report is asked to identify himself or herself and to provide information regarding the alleged violation that will assist the university in its investigation. Although the OOH generally does not investigate reports given by anyone unwilling to identify himself or herself, the OOH reserves the right, at its discretion, to proceed with an investigation based on an anonymous report.

While the OOH and the university will reasonably strive to keep the names of witnesses confidential if so requested, they cannot always ensure such confidentiality. Subject to the restrictions of the Family Educational Rights and Privacy Act (FERPA) and other applicable laws, the university may disclose witness names and other information supplied by witnesses (i) when legally compelled to disclose (e.g., as required by applicable law, lawfully issued subpoenas, warrants, court orders, or other investigatory documents issued by a court of competent jurisdiction); (ii) when the university deems disclosure necessary to provide a student with notice of the nature of the violations alleged against him or her; (iii) when the university deems disclosure necessary for health or safety reasons, or (iv) when otherwise determined to be in the best interest of the university. Note: all subpoenas, warrants, and court orders are referred to the university Office of the General Counsel.

Information provided to or collected by the OOH with respect to an Honor Code violation and placed in the student’s OOH file is considered part of the student’s educational record. Consistent with FERPA and related procedures, students shall be granted the opportunity, upon written request, to access their own educational records to assure the accuracy of the contents. The information in the records, but not necessarily the names of the witnesses, will be disclosed to requesting students within 45 days of their written request.

2.2 Retaliation

Retaliation against an individual who has made a report or provided information in connection with an investigation is strictly prohibited. Retaliation is any direct or indirect adverse action taken against an individual because he or she participated in any manner in an Honor Code investigation or administrative review process. Retaliation can include intimidation, which is any adverse action or threat of action reasonably likely to prevent or dissuade an individual from making a report or providing information in connection with an Honor Code investigation. Individuals who participate in an Honor Code investigation should be advised that university policy prohibits retaliation against them and should be assured that the university will take steps to prevent retaliation and will address any act of retaliation of which it becomes aware. An individual who feels that he or she has been subjected to retaliation for reporting an Honor Code violation or participating in an Honor Code investigation or administrative review process should report the incident to the OOH which will address the report in accordance with the investigation and administrative review process set forth below.

2.3 The Investigation

The OOH will normally investigate a reported Honor Code violation if there is sufficient, reasonable, and credible information that an Honor Code violation has occurred. After a violation report is received, the OOH will (i) analyze the violation report and relevant evidence; (ii) conduct an investigation and interview the student and any witnesses or other persons having information about the student and/or the allegations as the OOH deems appropriate;(iii) notify the reported student in writing of the alleged violation(s) of the Honor Code if it appears that an Honor Code violation may have occurred; (iv) encourage the student to respond, preferably in writing, to the allegations and relevant information; (v) assess the credibility of the witnesses and strength of the evidence; and (vi) make decisions and recommend a course of action.

The student is encouraged to meet with a representative from the OOH to respond honestly and fully to the alleged Honor Code violations and to provide any facts or information relevant to the alleged violation. As noted above, the student is encouraged to provide his or her response to the allegation(s) and relevant evidence in writing. When there are significant discrepancies or contradictions between the supporting information and the student’s response, the OOH will attempt to ascertain the truth and exercise reasonable discretion, including further investigation if practicable. No attempt will be made to apply technical rules of evidence. In general, any information, whether oral or documentary, that is considered relevant will be received and reviewed, subject to the reasonable discretion of the OOH.

Although the OOH will handle most investigations, on occasion the Dean of Students Office may either assist the OOH in the investigation or assume primary responsibility for conducting the investigation in accordance with the general principles noted above. Such occasions may arise with situations involving extremely sensitive issues, high-profile cases, or matters where the student is likely to be dismissed from the university.

2.4 Contemporaneous Civil, Criminal, or Ecclesiastical Proceedings

Except in cases involving sexual violence or harassment, the university reserves the right to determine whether it will immediately begin investigating or delay responding to matters that are presently the subject of civil, criminal, or ecclesiastical proceedings. In cases involving sexual violence or harassment, the university will conduct its own investigation regardless of the pendency or timing of other civil, criminal, or ecclesiastical proceedings. In all cases, the university retains the right to conduct its own independent investigation and to reach a determination, which may or may not be consistent with the outcome of civil, criminal, or ecclesiastical proceedings. In cases where a student has been arrested and/or charged with criminal misconduct, the university may take immediate action, including, but not limited to, placing a hold on registration, future re-admission and/or graduation, probation, suspension, dismissal, or banning, or may elect not to take any action at all. The university may discontinue or amend such action or inaction at any time or upon the resolution of the criminal charges against the student and/or the subsequent findings of the university’s investigation. Further, the university may take immediate action even if the student in the university’s investigation refuses to participate in the investigation or chooses not to disclose relevant information to the OOH.

2.5 Interim Action

The university may take action on an interim basis pending completion of its investigation when at its discretion such action is reasonably justified. For example, in certain circumstances the university may place an immediate hold on the student’s registration and/or graduation pending further investigation and/or resolution. In another example, the university may be reasonably justified in suspending and/or banning the student on an interim basis to protect the safety and well-being of the campus community, to promote the student’s own physical or emotional safety and well-being, or where the student’s behavior presents a threat of disruption or interference with normal campus operations. During such interim action, the student may be denied university privileges for which the student would otherwise be eligible, including, on occasion, access to the residence halls, campus facilities, classes, or other university activities. The university may discontinue or amend such interim action at any time upon resolution of the issues and/or the subsequent findings of the university’s investigation. If the student disagrees with the interim action, he/she may request an expedited review by the dean of students consistent with the principles and procedure outlined in the expedited administrative review below. Interim action the university may take action on an interim basis pending completion of its investigation when at its discretion such action is reasonably justified. For example, in certain circumstances the university may place an immediate hold on the student’s registration and/or graduation pending further investigation and/or resolution. In another example, the university may be reasonably justified in suspending and/or banning the student on an interim basis to protect the safety and well-being of the campus community, to promote the student’s own physical or emotional safety and well-being, or where the student’s behavior presents a threat of disruption or interference with normal campus operations. During such interim action, the student may be denied university privileges for which the student would otherwise be eligible, including, on occasion, access to the residence halls, campus facilities, classes, or other university activities. The university may discontinue or amend such interim action at any time upon resolution of the issues and/or the subsequent findings of the university’s investigation. If the student disagrees with the interim action, he/she may request an expedited review by the dean of students consistent with the principles and procedure outlined in the expedited administrative review below.

2.6 Voluntary Withdrawal

At any time prior to the OOH’s issuance of a decision and recommended action, a student may voluntarily withdraw from the university. Once a student voluntarily withdraws from the university, for any reason, he or she no longer enjoys student status nor any of the benefits, rights, and privileges associated with student status. If a student voluntarily withdraws from the university, the university may nevertheless determine at its discretion to proceed with an investigation of the allegations to establish appropriate conditions and/or restrictions for returning the student to the university and to make appropriate notations on the student’s official university records regarding his/her status at the university. Alternatively, the university may put a hold on the student’s registration, re-admission, and/or graduation pending an investigation and/or resolution of the allegations.

2.7 The Decision: Determination and Sanctions

At the conclusion of the investigation, the OOH investigator will determine whether an Honor Code violation has occurred using the preponderance of the evidence standard. If a violation is determined to have occurred and the appropriate sanction is determined to be no action, verbal warning, or written warning, the investigator will issue the sanction. If the appropriate sanction is likely to be probation, suspension, or dismissal, the Honor Code Council will orally review the case information and determine the appropriate sanction. In all Honor Code cases, a final report will be prepared to summarize the investigation and document the sanction.

The OOH will prepare a decision letter, which will include a brief summary of the provisions of the Honor Code alleged to have been violated, the findings of the investigation and conclusions, the sanction and, if applicable, any related conditions for reinstatement to good honor code standing. It will also include information regarding the student’s opportunity to request an administrative review. This letter will constitute the “Decision.”

The Decision will be based upon a preponderance of the information (i.e., whether, based on the information before the OOH it is more likely than not that the misconduct occurred and constitutes a violation of the Honor Code); and the sanction may take into consideration the criteria in Appendix A. Through email notification, the OOH (or the Dean of Students) will notify the student and provide a copy of the Decision within a reasonable time period. In most instances the OOH will attempt to review the Decision with the student personally. When the OOH (or the dean of students) recommends any action other than dismissal, no action, verbal warning, or written warning, the Decision will contain information regarding the action and any conditions that must be met in order for the student to maintain or return to good Honor Code standing with the university. Students must be in good Honor Code standing to graduate and receive a diploma. In order to be considered for a return to good standing, students are required to satisfactorily complete the specified conditions. When the Decision includes a recommendation for any action other than no action, verbal warning, or written warning, the Decision will also contain information regarding the procedure for seeking an administrative review of the Decision.

Records will be retained for all decisions and recommended actions, including recommendations of no action. The university does not consider the actions of no action, verbal warning, or written warning to be reportable disciplinary actions when responding to a request for a dean’s certification from another institution or third party. In addition, a student will remain in good Honor Code standing when an action of no action, verbal warning, or written warning is recommended. The actions of probation, suspension, and dismissal are reportable disciplinary actions for which the student will lose his or her good Honor Code standing until resolved.

All decisions and sanctions are final unless a timely request for administrative review is submitted by the student as set forth in part II below.

2.8 Record

Consistent with university policy and procedures, the student will be permitted upon written request to review his/her OOH file (which will include the Decision, the final report, investigation files and notes, and other information and educational records pertaining to the student). Students may at any time seek correction of their education records in his/her OOH file that may be inaccurate, misleading, or maintained in violation of his/her privacy or other rights. The OOH file, including the Decision and the student’s response, shall constitute the record (Record) which will be the basis for any subsequent review of the Decision and disciplinary action should the student request an administrative review.