Article III: University Code of Conduct Reports

Any member of the Iona community, or other entity, may report alleged violations of the University Code of Conduct to the Senior Vice President for Enrollment Management and Student Affairs or designee. The Senior Vice President for Enrollment Management and Student Affairs or designee shall review the report and shall determine the appropriate student conduct administrator or hearing body to address the report. The Senior Vice President for Enrollment Management and Student Affairs or designee reserves the right to act as the student conduct administrator for any report of an alleged Code of Conduct violation.

A student accused of violating the University Code of Conduct shall be notified of the alleged violations by an email sent to the student’s Iona University email account, which is considered the official means of communication by the University. The meeting notification shall state the date and general location of the incident if known, the clause(s) in the Student Code of Conduct that the student is accused of violating and the date, time and location the respondent has been scheduled to meet with a student conduct administrator for a Conduct Hearing.

The Senior Vice President for Enrollment Management and Student Affairs or designee retains the discretion to issue an interim action to any party involved in an alleged Code violation. This includes, but is not limited to, an interim suspension from the University; a “no contact” order; limitation of access to Iona premises or limitation of privileges to engage in specified University activities; and/or reassignment to alternate housing or removal from housing.

Interim actions may be issued in the following circumstances: (1) to ensure the physical or emotional safety and well-being of members of the University; (2) to ensure the physical or emotional safety and well-being of any party involved in an alleged Code violation; or (3) if the accused student poses an ongoing threat or disruption of the normal operations of the University. Once imposed, an interim action takes effect immediately. There is no appeal for an interim action.

An interim suspension pending a hearing is not a University sanction, and no notation of it will be made in the student’s transcript or education record.

The Conduct Hearing is a meeting with a student conduct administrator where the accused student may review the incident, respond to the charges and discuss the circumstances of the alleged violation. At the conclusion of the Conduct Hearing, the student conduct administrator may, at his or her discretion, make a determination concerning the accused student’s responsibility and (if the student is found responsible) the sanctions he or she must complete. The student conduct administrator may also refer the matter to the University Conduct Board.

An accused student who fails to attend the Conduct Hearing waives their right to review the incident and respond to the charges. In these cases, the student conduct administrator shall administer findings and sanctions in their absence, or refer the matter to the University Conduct Board. A respondent’s failure to check their Iona email account is not considered an excuse for not attending a scheduled Conduct Hearing.

Advisor: A student may be accompanied by an advisor of choice, in accordance with appropriate regulations, who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process. With the exception of sexual misconduct hearings as outlined in University policy and the NYS Education Law Article 129-B, also known as the “Enough is Enough” law, the advisor must be a member of the Iona University community who will be permitted to be present for support, but will not actively participate in the hearing. The judicial process is administrative in nature and does not permit the participation of legal counsel.

The following are possible outcomes of the Conduct Hearing:

Not in Violation: If the student conduct administrator determines at the conclusion of the investigation process that the accused student has not violated the University Code of Conduct, the student shall be found Not in Violation and the student conduct administrator shall confirm the decision in writing.

In Violation: If the accused student takes responsibility for a violation(s) of the University Code of Conduct, or if it is determined by the student conduct administrator that the accused student has violated the University Code of Conduct, the student conduct administrator shall resolve the matter at his or her sole discretion. In this instance, the student conduct administrator shall issue sanctions as set forth in this process. This determination shall be confirmed for the accused student in writing, containing a confirmation of the violation(s) the accused student was found responsible for, a statement of the sanction(s) to be imposed and information regarding the accused student’s right to appeal the decision.

Referral to University Conduct Board: If after the Conduct Hearing, the student conduct administrator decides that another hearing body should determine the matter, the student conduct administrator may refer the matter to the University Conduct Board. The Senior Vice President for Enrollment Management and Student Affairs or their designee may determine to refer the matter to a Conduct Board, student conduct administrator, or other appropriate body at any time during the conduct process.

Any sanction imposed shall be immediately effective and shall remain in effect for the duration of the student conduct process through the conclusion of the appeal process.

A decision by a student conduct administrator may be appealed in writing to the Senior Vice President for Enrollment Management and Student Affairs or designee within seven (7) business days of delivery of the decision letter. An appeal may be considered only when it is demonstrated that: (1) the accused student has presented information that indicates an omission in the Student Conduct Process that may have affected the final outcome of the decision; or (2) there is new evidence which did not exist at the time of the hearing that would have a bearing on the original finding; or (3) the sanctions are not consistent with past practices or the severity of the violation.

If an appeal is granted, the Senior Vice President for Enrollment Management and Student Affairs or designee will have the option of referring the matter back to the original student conduct administrator or hearing body for the re- consideration; or to make a determination on the appropriateness of the decision and/or the imposed sanctions. If an appeal is not upheld, the matter shall be considered final.