The Disciplinary Process

Complaints

Complaints of behavior alleged to violate university policy should be forwarded to the Office of Student Conduct in the Dean of Students Office. Note: Reports from Duke University Police about student behavior are routinely submitted to the Office of Student Conduct for possible university disciplinary action. Additionally, arrests/citations or other reports from law enforcement agencies outside of Duke are often passed along to Student Conduct for consideration of university action.  The university may also pursue disciplinary action for published reports of student misconduct.  

Interim Restrictions

Prior to investigation and resolution, interim restrictions may be placed on a student/group to protect the health and safety of students or the community. These restrictions may include a “no contact order,” removal of privileges, removal from or relocation within the residential community, suspension of activity, or suspension from the university.

An interim suspension from the university may be imposed by the dean of the school or college or the vice president for Student Affairs, or designee, and shall become effective immediately without prior notice whenever there is evidence that the continued presence of the student poses a substantial and immediate threat to him/herself, to others, or to the university community. Should an interim suspension be issued and resolution of the matter that prompted it not be resolved within two weeks, the interim suspension may convert to an administrative leave of absence.

Participation

The university invites students/groups to participate fully in all aspects of the disciplinary process. If a student/group elects not to participate in any part of the process (e.g., submitting a written statement or participating in a hearing), the conduct officer may proceed without benefit of that student’s/group’s input. A student/group will be held accountable for any sanctions issued as a result of a hearing. 

Investigation

Office of Student Conduct staff will gather information regarding the alleged incident in order to determine the appropriate means of resolution. Cases involving university-recognized fraternities and sororities may be referred to the Greek Conduct Board at any point for further investigation. In such cases, the non-chairing GCB co-chairs will serve as principal investigators.

Investigations may include interviews, a review of related documents, requests for written statements from any person involved in the alleged incident, and review of material available electronically. Students and organizations are encouraged to be forthright and as specific as possible when offering information related to an investigation, but may choose the extent to which they share information.

Cases may be dropped for insufficient information, or referred for mediation, arbitration, informal resolution or disciplinary action. In order for a case to be referred for disciplinary action, there must be sufficient information to believe that a policy violation may have occurred and that the alleged individual/group may be responsible.

Referral for Disciplinary Action

If a case is referred for disciplinary action, the student/group will be notified of the incident in question and the policy violation(s) under consideration, and will be given an opportunity to respond. There are several means by which to resolve disciplinary situations. The Office of Student Conduct will determine which avenue is most appropriate to pursue.

Disciplinary hearings are not trials and are not constrained by rules of procedure and evidence typically used in a court of law. The university disciplinary system operates under a standard of fairness, which includes an opportunity for the student/group to be notified of the alleged incident and policy violations under consideration and an opportunity to be heard.

Resolution through a Disciplinary Hearing

Any case may be forwarded directly to a disciplinary hearing if there is sufficient information to believe that a policy violation may have occurred and that the alleged individual/group may be responsible. Most cases will be referred to administrative hearings. Cases that are serious in nature, involve complicated facts, and/or involve students/groups with previous disciplinary violations may be forwarded to the Undergraduate Conduct Board (UCB) or the Greek Conduct Board (GCB) for resolution. (See “Sexual Misconduct” for adjudication of allegations of sexual misconduct.)

Individuals or groups who deny responsibility for serious offenses of university policy and who face possible suspension or expulsion from the university have the right to request a hearing before a five-person panel of the UCB.

Individuals or groups who accept responsibility for alleged violations of university policy, but are unable to agree on a proposed sanction, which may include suspension or expulsion, have the right to request a hearing before a three-person panel of the UCB. (The conduct officer may, due to the circumstances of the case, elect to utilize a five-person panel.)

Composition of GCB hearing panels and other GCB hearing procedures are outlined in the “Greek Conduct Board Hearings” section of this chapter.

Resolution through Agreement

If a student/group accepts responsibility for (an) alleged violation(s), the conduct officer, or designee, may propose an appropriate sanction(s) based on the specifics of the case, precedent and university interests.

If the student/group accepts responsibility and agrees to the proposed sanction(s), the student/group waives his/her/its right to a hearing and/or appeal, the resolution becomes final, and the outcome is recorded on the student’s/group’s disciplinary record. If the student/group accepts responsibility, but is unable to agree to the proposed sanction(s), the case will be forwarded to a hearing to determine (an) appropriate sanction(s).

If the student/group denies responsibility, the case will be forwarded to a hearing to determine responsibility and (a) sanction(s) as appropriate.