The following are detailed descriptions of the appropriate uses and processes of the Carnegie Mellon hearing boards that serve in cases of alleged student misconduct. The boards are:
The University Disciplinary Committee has jurisdiction in the following cases:
- Any cases of alleged violations of university standards and policies that the Resolution Review Board deems sufficiently serious in nature or inappropriate for administrative resolution.
- Any cases of alleged violations of university standards and policies in which one student(s) is filing allegation against another student(s) that cannot be appropriately resolved through the administrative resolution process.
- Appeals from penalties imposed by a university adjudicator or university staff members taking summary actions (for example, University Library action according to written policy).
- Cases in which administrative resolution has not been successful.
Composition of the University Disciplinary Committee
The University Disciplinary Committee consists of two student board members, one staff board member, one faculty board member and one additional faculty or staff board member. In addition, a trained moderator will preside over the hearing.
The faculty members will be appointed in consultation with Faculty Senate. The staff members will be appointed in consultation with Staff Council. The student members will be appointed in consultation with Undergraduate Student Senate and the Graduate Student Assembly following a selection process coordinated by the Office of Community Standards & Integrity. All appointees must complete initial and ongoing training in order to be eligible to serve as board members. Board members will typically serve for a term of three years which may or may not be followed by reappointment.
Members participating in a given hearing will be selected from a list of eligible individuals based upon availability and disinterestedness in the hearing subject or parties. The following circumstance would preclude participation as a board member in a given hearing:
- Individuals with prior substantial knowledge of the student(s) involved or the event leading to the allegations
- Individuals with substantial interest in the student(s) or the case
- Individuals who may appropriately be a witness in the case
Conduct of University Disciplinary Committee Hearings
The university attempts to ensure fair, timely and orderly procedures in all student conduct reviews. To provide for this, the university has adopted the following procedural protections for students. The moderator will remind all persons present at the opening of each student conduct hearing that the purpose of a University Disciplinary Committee is to determine an appropriate response, through a deliberative process, when a violation of policy, standard or regulation is alleged. The following is a list of procedures that govern the University Disciplinary Committee process:
- The student must be notified in writing of the specific policy, standard or regulation the student has allegedly violated. Such notification is normally made at least seven calendar days before the hearing.
- Throughout the student conduct process, the student respondent will receive full notification of complaint, notification of any hearing and notification of disposition of the charge and will have the opportunity to be present throughout the hearing process.
- The complainant will receive full notification of the complaint, notification of any hearing, and will have the opportunity to be present throughout the hearing process. In cases that involve crimes of violence, sexual harassment, sexual assault, dating violence, domestic violence, stalking and other policy violations related to Title IX, the complainant will receive notification of disposition of the allegation(s) as applicable.
- In advance of the hearing, the members of the hearing board will be provided a pre-read packet, which may include, among other relevant items: the initial complainant report; any investigation reports and/or witness statements; a statement from the complainant(s) to the board; and a statement from the respondent(s) to the board.
- Complainant(s) and respondent(s) may submit up to three written letters of support at a date specified by the process advisor for consideration only during the outcomes phase of the proceeding in the event that the respondent is found responsible.
In order to maintain a fair and equitable process, no new materials will be accepted on the day of the hearing, with the exception of (i) oral testimony and (ii) such other evidence as may be necessary to rebut new oral testimony. Evidence offered as rebuttal will only be accepted at the discretion of the moderator.
- Information provided during a University Disciplinary Committee hearing should remain confidential. The complainant(s) and respondent(s) are provided a full copy of all materials provided to the hearing board for the purpose of preparing for or use during the hearing, consistent with the privacy rights of those involved. These materials are to be kept confidential and may be shared only with permission from the process advisor. These documents may not be duplicated nor utilized for any other purpose. All materials provided to the complainant(s) and respondent(s) must be returned to the process advisor at the conclusion of the hearing.
- During the actual hearing before the board, a student has the right to be present when evidence relative to the case is being presented. In the student conduct process, a student who is charged with a violation has the right to remain silent.
- The respondent may file in writing counter-allegations against the complainant in connection with the incident(s) current under review by the University Disciplinary Committee. In order to be considered for inclusion in the packet in the same hearing process, counter-allegations must be raised within a reasonable time (normally two business days) of the first University Disciplinary Committee process advisement meeting. The counter-allegations must detail the university regulation or policy that the respondent believes has been violated in connection with the incident(s) currently under review by the University Disciplinary Committee and provide information that substantiates the facts and circumstances. Counter-allegations cannot be based solely on the fact that a complaint was brought forward, nor can they be retaliatory in nature. The Resolution Review Board will determine if the counter-allegations will be reviewed by the University Disciplinary Committee or resolved in a subsequent hearing, based on the connection of the counter-allegations to the incident(s) already under review.
- Prior to the hearing, the individuals involved will be asked if they believe that the potential hearing board members are biased toward or against them. If a perceived bias is reasonable, replacements will be chosen for the board.
- Both the complainant and respondent have the right to have one person of their choosing present at the hearing as their advisor. Both parties are required to notify the process advisor at least three days in advance of their advisor of choice. If legal counsel will be present, the hearing group may determine that it wishes to secure legal advice in connection with the hearing. Legal counsel or any other advisor, if present, will not be permitted to participate in the proceedings but may advise the respondent or the complainant or be present at a hearing. In the event that one party to a case is accompanied by legal counsel without advance notice, a hearing may be postponed until all parties to the case have had an opportunity to have counsel present. Registered advisors are not permitted to participate as witnesses in the same proceedings.
- Both the complainant and respondent have the opportunity to register witnesses. Witnesses should be able to provide direct information related to the alleged violations being reviewed by the University Disciplinary Committee, such as direct observation of the incident in question and/or direct interaction with any of the parties before, during or after the incident in question. Both parties are required to notify the process advisor of their registered witnesses at least three days in advance of the University Disciplinary Committee hearing.
- In scheduling a hearing, consideration should be given to allow that witnesses significant to the case being heard are available to the hearing group. If a witness is not available to be called by the hearing group in person or via telecommunication, they may submit a written statement to the process advisor to be reviewed if the board requests information from the witness. It is within the discretion of the board to determine whether they wish to hear from suggested witnesses. Witnesses will be questioned one at a time by the hearing group and subsequently dismissed. They should only be present in the room when providing information to the board. Except in documented extenuating circumstances, students are expected to make a good faith effort to provide information to the University Disciplinary Committee when called as a witness.
- All proceedings before a hearing group, except the deliberation of the group, will be recorded. Recordings will be kept in accordance to student conduct records retention practices.
- The complainant(s) and respondent(s) will each be limited to ten minutes for introductory statements and five minutes for summary statements.
- Following summary statements, the board will enter closed deliberations. A preponderance of the evidence standard (more likely than not) will be used to determine if a university policy, standard or regulation was violated. If responsibility is determined, the board will make a recommendation for appropriate outcomes.
- No information about a respondent's prior student conduct record will be shared with the hearing board until a determination of responsibility has been made unless the case being reviewed stems from the prior incident for which a student conduct record exists. If a respondent(s) has a prior student conduct record and is found responsible by the hearing board, that student may be recalled before the board to discuss the prior violations and sanctions prior to the hearing board making a recommendation for appropriate sanctions for the present case.
- A representative of the Office of Community Standards & Integrity will be responsible for notifying the associate vice president of student affairs for community life or designee in writing of the recommendation of the hearing group regarding responsibility and any sanctions deemed appropriate.
- After reviewing the recommendations, the associate vice president of student affairs for community life or designee will notify the respondent(s) in writing of the final decision.
- Parents of a student normally will not be notified of any student conduct action.
- Student conduct actions will normally be recorded only in the student's disciplinary record in the Office of Community Standards & Integrity except as they affect eligibility for enrollment, in which cases designation on other university records will be made. Disciplinary records will not be released as a part of the official transcript of the academic record of a student.
- It is the responsibility of the Office of Community Standards & Integrity to ensure that times set for hearings are reasonable and that necessary accommodations have been offered to both the complainant and respondent whenever appropriate. In turn, both the complainant and respondent will be expected to demonstrate good faith efforts in their participation with this process, particularly in relation to the scheduling of the hearing. In a case involving exigent circumstances that prevent the complainant or respondent from participating in a scheduled hearing, the hearing will be rescheduled.
- In the rare circumstance where a respondent fails to make a good faith effort to participate in the process, the university (having made reasonable attempts to accommodate the respondent) may elect to schedule and conduct a hearing without that student's participation.
- Classroom attendance, except for scheduled examinations, will not be a reasonable excuse for delaying a hearing.
- Review of incidents involving both student conduct allegations and academic integrity allegations may be conducted by a University Disciplinary Committee at the discretion of the dean of students.
- Allegations stemming from multiple incidents indicating an alleged pattern of behavior may be collectively reviewed by a single University Disciplinary Committee at the discretion of the Resolution Review Board.
A request for appeal of a decision delivered through the University Disciplinary Committee process must be submitted in writing to the president of the university by the respondent within seven calendar days of the official notification of the decision. In cases involving crimes of violence and policy violations related to Title IX, the disposition of the charge will be communicated to the complainant and/or the impacted party including cases in which the impacted party is not serving as a complainant. In such cases, the complainant and/or impacted party may also submit a request for appeal in writing to the president of the university within seven calendar days of the official notification of the decision.
The written appeal request should indicate whether the student is appealing the finding(s) of responsibility, the outcome(s), or both, as well the basis for the appeal itself. The basis of an appeal will be limited to one or more of the following cases:
- A gross error in procedural process;
- The sanction(s) imposed were not commensurate with the violation(s) of community standards for which the respondent(s) were found responsible;
- The decision was not consistent with a preponderance of the evidence;
- New information, which was unavailable at the time of the hearing, that merits re-consideration of the final disposition.
The appeal officer designated by the president will review the written appeal request and determine whether, in the judgment of the appeal officer, sufficient grounds exist for at least one basis of appeal to be further explored through review by the appeal officer. In hearing an appeal, the appeal officer, at their discretion, may meet with individuals and review information relevant to the bases of the appeal. In the event of an appeal, sanctions will normally be held in abeyance pending the outcome of the appeal, except in cases where the university determines there may exist a threat to the safety and welfare of the campus community, in which case sanctions will take immediate effect.
Appeals will be decided by the appeal officer in a timely manner as circumstances warrant. While an appeal is under review, the appeal officer will update the respondent(s) and complainant(s) as necessary about the anticipated timeline.
The appeal officer has the authority to modify the decision as they deem appropriate for resolution of the matter being appealed, which could entail an increase, decrease or change to the nature of the sanction(s), or a remanding of the matter to a new University Disciplinary Committee for review.
Cases Involving Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking and Policy Violations Related to Title IX
Carnegie Mellon University is committed to managing all cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking and other policy violations related to Title IX with appropriate care and sensitivity. In these cases, the university may be expected to vary from the procedural provisions set forth in this policy as necessary to comply with the requirements of Title IX, the Violence Against Women Act and other applicable laws, as well as to ensure that the university appropriately addresses issues related to sexual harassment, sexual assault, dating violence, domestic violence, and stalking for all community members.
In cases of sexual harassment, sexual assault, dating violence, domestic violence, stalking and other alleged policy violations related to Title IX, the following procedures will be followed:
- In cases where the university receives information describing behaviors that may violate university policy related to Title IX (including sexual harassment, sexual assault, domestic violence, dating violence, and/or stalking) and the impacted party chooses not to serve as a complainant in a student conduct proceeding, the university may act as a complainant when there exists a broader or overriding community interest. Notwithstanding the fact that the impacted party wishes not to serve as complainant, they may nevertheless act as a witness in a University Disciplinary Committee hearing and the university will afford to them all of the rights customarily afforded to a complainant as described in the enumerated bullet points below.
- Mediation between a complainant and a respondent will not be pursued in cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or other policy violations related to Title IX. This does not preclude informal resolution of a complaint outside of the student conduct process.
- A preponderance of the evidence standard (e.g., more likely than not) will be used to determine if a university policy, standard, or regulation has been violated.
- Complainants of allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking or other policy violations related to Title IX are entitled to a copy of the board packet before the hearing.
- The university is committed to resolving cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or other policy violations related to Title IX in a timely manner. Complainants and respondents will receive periodic status updates related to the timeline for resolution of the case.
- Unless a different timeline is set forth in this section or required by law, stated timelines for a University Disciplinary Committee hearing and notification of a decision will be followed in cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or other policy violations related to Title IX.
- In cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or other policy violations related to Title IX, the complainant will receive notification of the outcome as appropriate.
- In cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or other policy violations related to Title IX, a complainant has the right to submit an appeal following notification of the disposition of a complaint resolved by a University Disciplinary Committee.
- After reviewing the recommendations, the associate vice president of student affairs for community life or designee will notify the respondent in writing of their decision as well as the process for appeal. Notifications to the complainant in cases involving allegations of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or other policy violations related to Title IX will be made in writing by the process advisor and will include notification of the appeal process.
- Appeals will be decided by the appeal officer in a timely manner as circumstances warrant. While an appeal is under review, the appeal officer will update the respondent and complainant as necessary about the anticipated timeline. The complainant and respondent will be notified in writing of the final decision.
- Administrative resolution meetings and University Disciplinary Committee hearings will be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, sexual harassment and stalking on how to conduct an investigation and hearing process that protects the safety of all involved while promoting accountability and fair process.
All Greek Community Standards Board
The All Greek Community Standards Board (AGCSB) responds to alleged violations of council and select university policies by fraternities and sororities that are members of the Interfraternity Council (IFC), Multicultural Greek Council (MGC), National Pan-Hellenic Council, Inc. (NPHC), and the Panhellenic Council (PHC). The All Greek Community Standards Board promotes accountability and encourages shared governance of organizations within the Carnegie Mellon community.
Additional information about the All Greek Community Standards Board is provided by the Office of Student Leadership, Involvement, and Civic Engagement.
Sanctions and Outcomes
The student conduct sanctions defined below comprise a range of official action that may be imposed by the university for violations of community standards. One or more of these actions may be imposed in response to a given situation. This list is not comprehensive, as other sanctions may be utilized as appropriate.
When sanctions are decided as part of the student conduct process, the educational and developmental needs of the involved student and the welfare of the community will be considered with utmost importance.
Non-compliance with imposed or agreed-upon sanctions may result in further action through the student conduct process.
The determination of sanctions will be guided by the following considerations: the interests of the community, the impact of the violation, documented student conduct history, and any mitigating or aggravating circumstances.
Students with two (2) community standards violations within an academic year may immediately be placed on disciplinary probation. Students involved in three (3) violations within an academic year may be referred to the University Disciplinary Committee.
Warning: For minor infractions, a student may be issued a written warning. The warning will be noted in the event of any further infractions of community standards and may justify consideration of more severe sanctions.
- Loss of Privilege: Students may lose specified privileges, which may include access to facilities, services, and/or the opportunity to participate in university activities.
- Residential Probation: An official notice to a residential student that conduct with regard to university housing regulations or policies has been unacceptable and that future violation of university regulations may result in more serious student conduct action, including the possible loss of campus residency. Probation lasts for a stated period of time.
- Disciplinary Probation: For a second infraction or for a single offense of a more serious nature, a student may be placed on disciplinary probation for a designated period of time. Probation may entail specific requirements to be met. When a student is on disciplinary probation, they may be subject to suspension or expulsion in the event of further infractions of community standards.
- Community Service: The university may require uncompensated service (a specified number of hours) to the university or an off-campus, non-profit organization as a sanction. The particular assignment of duties must be pre-approved through the appropriate university adjudicator. Students must provide appropriate documentation verifying their completed community service. Failure to complete the service satisfactorily within the specified period of time may result in further action through the student conduct process.
- Educational/Developmental Assignment: The university may require a student to complete a project, assignment, or activity to promote the student’s education and development. These assignments are at the discretion of the university adjudicator or University Disciplinary Committee. Assignments may include but are not limited to: reflection or research paper, development of a presentation, discussion with an individual, apology letter, reading assignment, etc.
- No Contact Order: A No Contact Order is a directive from an associate vice president of student affairs or designee indicating that two students may not have direct contact with each other, or make indirect contact through third parties, except for that which is necessary for their academic pursuits. A No Contact Order may be issued in connection with the student conduct process, either as an interim measure during the pendency of the process and/or an outcome associated with a finding of responsibility from the process.
- Behavioral Assessments and Recommendations: The university may require a student to meet with a health care provider and/or a mental health care provider within a specified time frame. If so, the student will be expected to fully participate in any relevant assessment requested by the provider and complete any consequent recommendation(s), such as a treatment plan or a referral to another provider.
- Restitution: In cases where a student is found responsible for damaging or misappropriating property, the student may be responsible for reimbursing the property owner for all or some of the cost.
- Room Reassignment: An action where a student is assigned to either another room in the same house community or a room in another house community. When a student is assigned to another house community, specific restrictions concerning the previous community may be invoked.
- Loss of Residency in University Housing: An action that excludes a student or student group from residence in university housing for a stated period of time. A student who loses residency in university housing shall be considered for future housing accommodations once the period of debarment is concluded and as space permits.
- Disciplinary Suspension: A student may be barred from enrollment for a designated period of time. Students who have been suspended are required to absent themselves from the campus (including university housing and fraternity or sorority houses) within a maximum of two days after the action and to remain off the campus for the duration of the time specified as outlined in the policy governing suspensions. A student on disciplinary suspension is not eligible for employment by the university during the period of suspension.
- Expulsion: The student is required to sever entirely their connection with the university. Students who have been expelled are required to absent themselves from the campus (including university housing and fraternity or sorority houses) within a maximum of two days after the action and to remain off the campus permanently, unless otherwise specified.
- Withholding A Degree: Because a degree from the university signifies not only successful completion of academic requirements but also compliance with the university's standards and good standing as a member of the university community, the university may withhold a degree entirely as a sanction for a violation of community standards, or may impose further conditions on the certification of a degree, e.g., compliance with other sanctions imposed as a pre-requisite to the certification of the degree.
State citations are issued by University Police for violations of state law. While these citations are handled through the criminal justice system, students may also be expected to meet with a university adjudicator to determine whether a violation of community standards has also occurred.
Withdrawal with Pending Allegations
Students who withdraw from the university with unresolved community standards allegations should expect the university to adjudicate the matter to bring the case to resolution and uphold the university’s obligation to expressly articulate eligibility to return to the university. If a good faith effort to participate in the appropriate process is not exhibited by the respondent, the university may elect to resolve the matter through the student conduct process without that student's participation.
Review After a Conviction of a Crime
The university may review the case when a student has been convicted in public court of the following serious crimes in circumstances that constitute a potential threat against the university's ability to function in whole or in part. The review will be conducted utilizing the university's student conduct process and may entail the need to determine whether the student's presence at the university will endanger the university community.
- Murder or manslaughter
- The manufacturing, selling or possessing to sell any drug on the prescribed list subject to the criminal code of the Commonwealth of Pennsylvania
- Aggravated assault
- Criminal mischief