Student conduct process – discrimination & sexual violence FAQs

1. Report: Report is received by the Office of Student Life/Dean of Students Office after the completion of an Office of Civil Rights and Title IX Compliance investigation and reviewed for possible policy violations. For more information, please see the Office of Civil Rights and Title IX Compliance website.
2. Student Notification: The student involved is sent notification via their University email account at least three days prior to a scheduled meeting with a conduct officer.
3. Complainant Meeting Opportunity: The Complainant is invited to individually meet with a conduct officer where they will review the findings provided in the Office of Civil Rights and Title IX Compliance report, discuss the student conduct code and any appropriate sanctions, and provide the student an opportunity to be heard, provide relevant information, and learn about the student conduct process, including appeal rights.
4. Conduct Meeting: The Respondent is invited to individually meet with a conduct officer where they will review the findings provided in the Office of Civil Rights and Title IX Compliance report, discuss the student conduct code and any appropriate sanctions, and provide the student an opportunity to be heard, provide relevant information, and learn about the student conduct process, including appeal rights.
5. Conduct Decision: After meeting with involved parties and reviewing the Equal Opportunity report, the conduct officer determines whether a violation has occurred, the student’s responsibility for the violation, and appropriate sanction(s).
6. Decision Letters: The Respondent and Complainant are notified of the determination made by the conduct officer in writing via their University email account within seven business days of the conduct meeting.
7. Sanctions (if applicable): A student who is found in violation of University policy may receive sanctions that require action before the student conduct process can be concluded.
8. Appeal (if applicable)  (see appropriate appeal flow chart linked in drop-down menu above)
9. Review (if applicable)  (see appropriate appeal flow chart linked in drop-down menu above)

Western does not act as a policing agent for students when they are off campus. However, the university reserves the right to take action if a student’s conduct is determined to adversely affect a substantial university interest.

Student conduct that occurs off campus may be subject to the student conduct code when it:

1. Adversely affects the safety or well-being of any member of the university community; or
2. Involves academic work or any records, documents, or identifications of the university.

In determining whether to exercise jurisdiction over such conduct, a conduct officer shall consider the seriousness of the alleged offense, the risk of harm involved, and whether the alleged complainant(s) are members of the university community.

In situations involving intoxication, alcohol poisoning, or drug-related medical issues, students are encouraged to seek swift medical assistance for themselves and others without fear of penalty. Students requesting and receiving medical assistance in these situations will not typically be subject to the student conduct process. This policy refers to isolated incidents and does not excuse students who repeatedly or flagrantly violate the alcohol or drug policy, nor does it preclude action arising from other violations of the code. Western will consider the positive impact of reporting a situation when determining any course of action.

Complainants and witnesses who in good faith report sexual violence will not be subject to alcohol or drug violations of the code occurring at or near the time of the sexual violence unless their own conduct placed another person’s health or safety at risk. Without imposing sanctions, Western may initiate educational remedies regarding alcohol or drug use.

A student accused of violated the code, known as the respondent, has certain rights in the conduct process. Below is a summary of these rights, please see the Student Conduct Code for more information on these rights.

These include the right to:

1. Receive written notice to attend meetings;
2. Provide evidence;
3. Be accompanied by an advisor of their choice;
4. Remain silent or decline to respond to any question(s);
5. Review information;
6. Receive written notification of the findings, decision and basis for each;
7. Request an appeal;
8. Request a review; and
9. Waive any of these rights.

The complainant has the same rights as the respondent in complaints alleging violence or sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, known as the complainant, has certain rights in the conduct process.

Below is a summary of these rights, please see the Student Conduct Code for more information on these rights.

These include the right to:

1. Receive written notice to attend meetings;  
2. Provide evidence;  
3. Be accompanied by an advisor of their choice;  
4. Remain silent or decline to respond to any question(s);  
5. Review information;  
6. Receive written notification of the findings, decision and basis for each; 
7. Request an appeal;  
8. Request a review; and  
9. Waive any of these rights.  

For incidents involving sexual violence, including sexual assault, dating violence, domestic violence, and stalking or any other type of sexual misconduct or gender-based discrimination, complainants shall have the following additional rights:

1. Notice of support resources, both on campus and in the surrounding community; 
2. Have past behavior unrelated to the alleged behavior excluded;  
3. To be free from questioning about their sexual history involving anyone other than the respondent;  
4. Submit an oral or written impact statement (if applicable); 
5. To request an administrative no contact order against;  
6. Alternative accommodations to avoid being in the physical presence of the respondent during the conduct process; and  
7. Be free of any form of retaliation.  

Yes, a student may by accompanied through the student conduct process by an advisor of their choice and at their own expense.  This advisor may be an attorney, a parent, a faculty member, or a mentor.

An advisor’s role in the student conduct process is to provide support to the student. Within the student conduct meeting, the student may seek support or advice from the advisor. An advisor is not an active participant in the conversation with the conduct officer.

Western uses the preponderance of evidence standard to determine if a violation of the Student Conduct Code has occurred. Preponderance of evidence is a determination if the student “more likely than not” committed the alleged violation based off of the information gathered during the student conduct process.

The respondent and complainant (if applicable) are notified in writing of the determination by the conduct officer, including the basis for any findings and sanctions. If applicable, University staff responsible for oversight of any assigned may also be notified.

The Office of Student Life at (360) 650-3706 or student.life@wwu.edu.