Advisor Guide Resources
Student Conduct Mission
The Office of Student Conduct will treat all students with fairness, consistency and respect. Its mission is to help each student achieve success in their academic, living and learning environments. The office will connect students to resources available through Utah State University and other agencies to assist each student with their academic, social and emotional needs during the student conduct process.
Student Rights
Students can reasonably expect the following in the student conduct process:
The right to due process in all academic integrity and disciplinary proceedings.
The right to keep their student records private as afforded by the Family Education Rights and Privacy Act (FERPA). The University may release information to other parties in the process, and it may release information about the sanction in certain circumstances as followed by FERPA. For more information about FERPA, visit:
https://www.usu.edu/registrar/ferpa-info.
The right to have an advisor (e.g., parent, advocate, attorney, etc.) to advise them during the student conduct process.
The information provided in this guide is summary in nature, is subject to change, and does not contain any contractual terms or obligations. Students and advisors, who are involved in any student conduct process, are responsible for understanding and following all University procedures. However, the Office of Student Conduct will make its best efforts to answer procedural questions in a reasonably prompt manner.
Flowchart of Formal Conduct Process
(Excludes certain Student Conduct and Title IX processes)
Report is filed regarding allegation(s)
Responding student is given notice of the allegation(s)
Preliminary investigation is conducted by Student Conduct
Student Conduct meets with responding student for Administrative Hearing
Student Conduct determines if a policy was violated
Student Conduct recommends sanction(s)
If student does not accept recommendation, they may request a Formal Hearing
Please refer to Student Code, Article VIII-3 for appeals process.
Role of the Advisor
In a Formal Student Conduct Hearing, the role of the advisor is as follows:
Students may have one advisor present with them during the hearing.
An advisor is any person who has been selected by, and has agreed to, assist the reporting and/or responding student during the university conduct process.
The student's advisor may actively participate in the hearing in accordance with the following procedures:
- Advisors may give an opening statement;
- Advisors may advise the student throughout the hearing;
- Advisors may question witnesses as allowed by the Hearing Board Chair;
- Advisors will submit their questions to the Committee Chair, who in their judgement, may then ask the witness the question, ask the advisor to rephrase the question, disallow the question, or ask the advisor to move on to another question or area of questioning;
- During questioning, and during the entirety of the hearing, all parties are expected to treat all persons with respect;
- Advisors may present a closing statement.
FAQ's
Yes. A student may retain an attorney of their choice and at their own expense to serve as an advisor throughout the student conduct process.
The Office of Student Conduct is available to discuss general questions about the student conduct process. If a student has questions about their case, they should contact the Conduct Officer directly.
The student conduct process is an administrative, educational-based process that is independent of the criminal justice system. USU is not required to defer to the timeline of the criminal courts and will not typically grant requests made on this basis. Please remember that USU is not attempting to determine if a student committed a crime; rather, the university is attempting to determine whether or not the student violated the USU Student Code.
Due Process Protections
Prior to being interviewed about allegations of misconduct, USU will provide the student with notice of the allegations against them and of their right to have an advisor throughout the process who may, but need not be, an attorney.
All students are provided with the opportunity for a formal hearing. Prior to a formal hearing, unless prohibited by reasonable circumstances, each party shall provide to the Hearing Committee Chair copies of the documents they intend to submit as evidence and a list of witnesses who they intend to call during the formal hearing. This information will be shared with both parties.
Students are presumed not to have engaged in a Student Code violation until USU has established a violation by a preponderance of the evidence. However, USU may temporarily suspend a student prior to the final outcome of a formal adjudicatory process, if necessary, to protect the safety of the campus community or to prevent serious disruption of the academic process. In such circumstances, the adjudicatory process shall follow the suspension as expeditiously as possible.
Students may decline to participate in any of the proceedings. However, USU may promptly proceed without the student if the student declines to participate.
The above protections are based on the Utah System of Higher Education R256, Student Disciplinary Processes. Additional procedures apply.