The Office of Student Affairs at Emporia State University operates to assist in resolving complaints filed against students or recognized student organizations in accordance with the Student Code of Conduct. The Code outlines the basic standards to which all students must abide while attending Emporia State University, and is published in its entirety on this website, and upon request from the Office of Student Affairs.
To view the Student Code of Conduct
In accordance of the Affirmation of Values, the Student Code of Conduct is a statement of behavioral expectations that apply to all Emporia State University students.
The Office of Student Affairs oversees enforcement of the Code and has jurisdiction over all alleged violations by any student or recognized student organization brought to its attention. Jurisdiction extends to alleged misconduct:
(1) which occurs on University premises;
(2) which occurs away from University premises when students are on official University business; and/or
(3) which adversely affects the University’s lawful educational mission.
University premises is defined as: all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university including adjacent streets and sidewalks.
The purpose of the student conduct process is to maintain the behavioral standards set by the campus community, and to provide all students with an administrative adjudication process in which responsibility is decided in a fair and impartial manner. Informal conferences and other conduct proceedings at educational institutions do not follow the same procedures used in courtrooms. The University does not employ lawyers to prosecute students. University conduct proceedings do not follow rules of evidence like a civil or criminal trial. Instead, charges are investigated and resolved in an atmosphere of candor, truthfulness, and civility. The steps outlined in this brochure highlight important parts of the conduct process. Students are encouraged to read the Student Code of Conduct in its entirety.
Any member of the University community may file a complaint against any student/recognized student organization for misconduct. All complaints must be submitted in writing to the Associate Vice President for Student Affairs. Complaints should be submitted as soon as possible after the incident takes place and must be filed within six months of the incident. The Associate Vice President for Student Affairs evaluates whether the allegation has merit and/or if it can be disposed of administratively by mutual consent of the parties involved and the Coordinator. Once the evaluation has been made, the Coordinator will contact the accused student by letter scheduling the time, date and location of an informal conductconference.
The Notice of Violation letter provides the student with:
1) information identifying the violation,
2) the time, date, and place of the alleged violation,
3) the rule/regulation involved, and
4) basic information about the conductprocess.
The informal conduct conference is a discussion in which the accused student will be asked to respond to the written allegation(s) against her/him. An advisor or advocate may accompany the student to this meeting. The student has the opportunity to examine available evidence presented against her/him and respond to the allegation(s). The goal of the informal conduct conference is to resolve the case to the agreement of the accused student, the Associate Vice President for Student Life, and the University. If an agreement can be reached, the decision is final and there shall be no subsequent proceedings. A student has 3 days after signing the informal agreement to reconsider the decision and request a hearing. If an agreement cannot be reached regarding the accused student's responsibility for the alleged violation(s), a conduct Hearing Board will be called to hear the allegation(s). A Hearing Board will also be called to hear the allegations in the event the accused student fails to appear for the informal conference.
The Conduct Hearing Body consists of 5 members from the University community. It includes two students, two faculty members, and one staff member. All members of the Hearing Body receive training before participating in a hearing. The determination of the accused student's responsibility for the alleged violation is made by the Hearing Body based upon whether the facts demonstrate that it is more likely than not that the student did, or did not, commit the violation. The accused student and any victim are permitted to have an advisor present throughout the hearing. During the hearing the advisor may counsel the student by written or whispered word, but may not interrupt the proceedings. The advisor's comments must be directed to the advisee and not the Hearing Body nor other parties. After the hearing, the Hearing Body will determine, by majority vote, whether the student violated the Student Code of Conduct.
Possible sanctions, or a combination thereof, include but are not limited to:
A finding of responsibility by the hearing body or related sanction(s) may be appealed by an accused student to the Appellate Board within 5 class days of notice of the decision. Such appeals must be in writing to the Associate Vice President for Student Affairs or her/his designee. A detailed outline for appealing a decision is available in the Student Code of Conduct. Students are encouraged to refer to the Appeals section of the Student Code of Conduct prior to submitting an appeal.