Administrative Conduct Reviews, Sanctions & Administrative Actions

Administrative Conduct Reviews

All allegations of student misconduct (except those that fall under the Sexual Misconduct Policy) will be resolved through a meeting with a designated conduct officer. Students will receive a charge letter via their official Butler e-mail address that briefly describes the incident, the alleged violations of rules/policies in question, and the date of the administrative conduct review meeting. Administrative conduct reviews will be scheduled around classes and students are expected to attend or make an alternate arrangement in advance of the scheduled meeting.

  1. Students have the right to three (3) business days advance notice of the administrative conduct review (excluding official University breaks) although students may waive their right to three (3) business days of notice and arrange for an earlier resolution of the case. This request should be made in writing.
  2. Students have the right to present their own version of the incident or occurrence.
  3. The student may not challenge the assignment of the conduct officer for an administrative conduct review.
  4. In advance of an administrative conduct review or appeal, students may seek guidance and assistance from the Dean of Students, who is located in Atherton Union 311, 317-940-9470.
  5. Students have the right to receive an outcome of the administrative conduct review. This will normally be provided via Butler e-mail within a week after the conclusion of the administrative conduct review.
  6. A student engaged in an administrative conduct review has a right to one appeal. Any written appeal that does not meet the grounds for an appeal will not be considered.
  7. Students engaged in direct or indirect retaliatory behaviors towards persons participating in the conduct process may be subject to additional conduct charges and sanctions.
  8. Students registered with Student Disability Services who believe they may need a disability related accommodation, please see the Student Disability Services (SDS) and the Conduct Process section below.
  9. Students who fail to attend scheduled administrative conduct reviews will be held responsible for the alleged violation(s).

An administrative conduct review will be either informal or formal as described below. The decision of whether the administrative conduct review is informal or formal may be determined based on the nature of the alleged violation(s), the student’s conduct history, and/or the need to invite witnesses to participate:

  • Informal—The conduct officer meets individually with the accused student.
    • The conduct officer will explain the process, the student’s rights, and answer the student’s questions.
    • The conduct officer will review the incident report and other relevant information.
    • The student has the opportunity to review and respond to the information related to the incident and to provide information on their behalf.
    • The student may attend with an advisor of his/her choosing, but generally informal reviews involve only the accused student and the conduct officer. The advisor serves as a support person to the student throughout the administrative conduct review.  The advisor may not actively participate or interfere with the administrative conduct review and may not be a witness.
    • Administrative conduct reviews are presumed closed, meaning the only participants are those identified in this handbook.
    • At any time during the informal administrative conduct review, the student or the conduct officer may determine that a formal administrative conduct review is needed and will then be scheduled.
  • Formal—This format is similar to the Informal Review but requires more structure and planning as witnesses may be called to participate.
    • This format will be selected if suspension or dismissal is a possible outcome.
    • A formal administrative conduct review may be selected if the student would like to call witnesses.
    • The student has the opportunity to review and respond to the information related to the incident and to provide information on their behalf.
    • The student and the conduct officer may exchange names of witnesses, at least three (3) business days in advance of the administrative conduct review date. Witnesses are considered those who can provide relevant, factual information directly related to the alleged incident based on their involvement. The Dean of Students has the right to determine the relevance of requested witnesses and their ability to participate. The conduct officer will make a good faith effort to include those witnesses deemed relevant. Written statements may be accepted and are subject to verification by the conduct officer. Witnesses not identified in advance according to this time frame may not be allowed to participate. Character witnesses are not permitted.
    • A student engaged in a formal administrative conduct review may be assisted by an advisor. The advisor serves as a support person throughout the review process.  The advisor may not actively participate or interfere with the review process and may not be a witness.
    • Beyond witness and advisor participation, reviews are presumed closed, meaning the only participants are those identified in this handbook.

After conducting an investigation and an informal or formal administrative conduct review, the conduct officer has the authority to determine whether the student is responsible or not responsible for the violation(s) and, as warranted, the conduct officer will assign an appropriate sanction(s). The decision is based on the totality of the information available to the conduct officer. The conduct officer will make a decision based on the preponderance of the information. This means the conduct officer will find the student responsible if they reasonably conclude that it is more likely than not that the student violated University policies/rules.

Sanctions

  1. A sanction is the University’s way of holding a student accountable when the student is found responsible for violating the University Rules of Conduct. Student conduct action taken against a student will become a part of the student’s educational and/or personnel (if the student is a student employee) records. Such records will be considered when determining the appropriate sanction for a particular incident. Failure to observe any assigned sanctions could result in additional conduct action and sanctioning.
  2. Written Warning:  A written warning indicates the student has been made aware of the University Rules of Conduct as outlined in the Student Handbook, and is intended to make a student aware that future violations of University rules, regulations, and/or policies will result in progressive sanctions. A copy of the outcome letter containing the written warning will be sent to the student’s Butler email account and also included in the student’s conduct record.
  3. Conduct Probation: When a student is placed on conduct probation following the student conduct process, the student is considered not in good standing with the University for a specified period. This period will be clearly outlined in the student’s administrative conduct review outcome letter, which is emailed to the student’s Butler email account. Being not in good standing also means a student is ineligible to hold certain campus leadership roles including, but not limited to, Resident Assistants, Student Orientation Guides/Coordinators, and Student Government Association elected positions. Students serving in these positions are role models for other students, and they are expected to exhibit high behavioral standards. This also applies to students seeking membership in a social fraternity or sorority. If students have questions about eligibility requirements for a leadership role, they should reach out to the advisor or hiring manager for the position.
  4. Restitution: The student is required to provide financial reimbursement for (a) damage to, destruction of, or misuse of, University property or property of any person or the University premises, (b) personal or other injuries inflicted.
  5. Other Sanctions: Other sanctions may include, but are not limited to: required community service, reflection paper, research assignment, completion of an educational program, referral for alcohol or drug assessment, meeting with faculty and/or professional staff person(s), letter of apology, or personal apology.
  6. Suspension: The student is suspended from continuing as an enrolled student at the University for a specified period. While a suspension is in effect, a student may not, without the expressed permission of the Dean of Students:(a) Attend classes, or participate in any University-sponsored event or activity; or (b) Be present on University-owned or affiliated property, including University approved housing units. To be considered for return, a suspended student 1) must meet all stipulations outlined in their sanction letter and 2) must receive approval from the Dean of Students.
  7. Dismissal: The student is dismissed permanently from the University. This sanction is noted on the student’s transcript with: “Dismissed permanently from the University.” Dismissed students are permanently trespassed from University property. Violations of this trespass could result in criminal charges.

Notwithstanding the provisions of the University’s refund policies, if any student conduct action results in the suspension or dismissal of a student, the University may refuse to refund, in whole or in part, the student’s tuition and fees.

A student who is suspended or dismissed from the University for conduct reasons may be provisionally withdrawn from classes pending the outcome of the student conduct process. If the process is not completed by the time semester grades must be submitted, the student may receive a grade of “I,” pending the outcome of the process. This allows the student to complete the course if the suspension or dismissal is reversed through the appeal process. Tuition and fees for the semester in which the student is suspended or dismissed may be forfeited as determined by the University at its sole discretion.

Administrative Actions

Administrative Actions are distinct from sanctions and, if assigned by a University official, are not subject to appeal unless it is interim suspension or summary dismissal.

  1. Breaches in the residence hall contract may result in administrative actions such as a room reassignment in on-campus housing. A student may be banned from living in or entering a residential facility indefinitely or for a specified period, or lose the ability to live on campus.
  2. No contact orders (NCOs) are issued between two or more students to create personal space. Ground rules are established and apply to all involved so that each person may better navigate campus. The goal is for each person to respect the dignity and sense of security of the other(s). Students’ access to designated areas of campus could be restricted for a period of time. NCOs could extend through students’ graduation. Verified violations of an NCO may lead to additional conduct action.
  3. A student account hold may be put in place. This can impact a student’s ability to register for courses, receive grades, transcripts, or diplomas until all sanctions have been satisfactorily completed.
  4. The University reserves the right to notify parents of alcohol and drug policy violations as described in the Parent/Guardian Notification section of the handbook.
  5. Athletics will be informed when student athletes are accused of misconduct and/or found responsible for violations of the University Rules of Conduct.
  6. The Dean of the College of Health Professions (CHP) or designee will be notified when a CHP student is found responsible for violating the University Rules of Conduct.

Interim Suspension

When the Dean of Students or designee has reasonable cause to believe that a student’s presence poses 1) an actual or potential disruption to the University and/or, 2) a significant risk to the health, safety, or welfare of others or to property, the student may be temporarily suspended from the University or campus housing. 

The Dean of Students will notify the student in writing of the interim suspension as soon practicable.

The interim suspension will remain in effect until the conclusion of the administrative conduct review or upon modification by the Dean of Students.

The student may, within three (3) business days of the imposition of the interim suspension, petition the Dean of Students to have the interim suspension modified or removed. The petition must be made in writing by the student, and must include supporting documentation that would demonstrate that the student does not pose, or no longer poses the concerns noted under 1 and 2 above.  The Dean of Students will render a decision without undue delay.

Summary Dismissal

The University and Public Law

Students may be accountable to both civil and criminal authorities and to the University for acts that constitute violations of federal, state, or municipal law and the written University rules, regulations, and policies, regardless of where such alleged acts occurred. The University may proceed with student conduct action, whether or not civil or criminal proceedings have been instituted against the student for acts arising out of the same facts and circumstances. The University student conduct proceedings will not be abated or subject to challenge on the ground that the criminal charges involving the same incident are pending or have been dismissed or reduced. If a student is charged with a felony, the University, through the Dean of Students or designee, reserves the right to take summary action and dismiss a student with the opportunity to apply for readmission.