The following are questions that we have frequently received and may assist you in better understanding the student conduct process at Miami University
About the Process:
Find additional information about the Judicial Process.
What is a procedural review? A procedural review is an opportunity for a student to meet with an administrator in the Office of Ethics and Student Conflict Resolution to review the alleged violations, the disciplinary process, and to discuss the student’s options regarding the potential sanction. These are reserved for cases where suspension or dismissal is the proposed sanction.
Can Miami University take disciplinary action against someone for incidents that occur off campus? Is this double jeopardy? Miami does address conduct that occurs off campus. This is not double jeopardy as that term applies to criminal adjudication.
If a student's charges are thrown out of criminal court, will they be dropped by the Office of Ethics and Student Conflict Resolution? The criminal proceeding and University disciplinary proceeding is separate and one is not dependent on the other. If a criminal case is “thrown out,” “dismissed,” “dropped,” or determined to be “not guilty,” it does not mean the University will reach the same outcome.
Do I need an adviser or attorney? Students may seek advice from an adviser or an attorney, however, the adviser or attorney will not “represent” the student in the hearing. They serve only in an advisory capacity.
How does a student consult with an advocate? A student advocate can be contacted by emailing email@example.com.
Code of Conduct Violations:
Can a student let a 21 year old drink in their residence hall room if they are underage? All first-year halls are alcohol-free; therefore, no one is permitted to consume alcohol regardless of age. In all other halls, persons of legal age to consume alcohol may do so in a residence hall. Other persons who are not of legal age are subject to the Code of Student Conduct and to possible charges.
What is the difference between a 105A and 105B? Section 105A is for intoxication or negative behavior associated with the use of alcohol. Section 105B is for prohibited use, usually associated with underage possession or consumption of alcohol, or illegal use.
What is complicity? “Complicity” is generally charged when a student has associated her/himself with behavior that violates policy, such as underage consumption of alcohol in a residence hall room. Students should not permit the illegal consumption or possession of alcohol or other drug use in their residence. If a student enters a residence where underage consumption of alcohol is occurring s/he should leave the residence immediately.
Can a student file a complaint against another Miami University student? If so, how? Any student may file a written complaint against another student. All details must be submitted in writing. The complainant will also be asked to provide witness testimony at the hearing. Note that OESCR does not adjudicate anonymous complaints.
Will you accept witness statements if my witnesses are unavailable at the time of my hearing? Written witness statements are acceptable but if at all possible it is preferable to have the witness testify in person.
What is the difference between an Administrative Hearing, a Disciplinary Board or Student Court hearing and an Administrative Hearing Panel? An Administrative Hearing is held before one administrator. A Disciplinary Board hearing is held before a panel of faculty members and students (suspendable cases only). A Student Court hearing is held before a panel of undergraduate students (non-suspendable cases only). An Administrative Hearing Panel is held before a panel of administrators/faculty (cases of Sexual Misconduct and Title IV offenses only).
If someone comes in and takes responsibility for something another student is accused of, can that person get into trouble? Yes, if another student takes responsibility for a violation of the Code of Conduct s/he may be held responsible.
How many witnesses is a student allowed to bring to a hearing? Students may bring a reasonable number of witnesses to a hearing. Persons with factual information regarding the case are the most beneficial. The emphasis should be on quality as opposed to quantity.
Will a student be notified of witnesses that the Office of Ethics and Student Conflict Resolution request to appear at the hearing? Upon request, the Office of Ethics and Student Conflict Resolution will provide a list of witnesses requested by the University.
Can a student choose which hearing officer they want to hear their case? Student may choose the manner in which they want their case heard, but the administrative hearing officer is determined by the Office of Ethics and Student Conflict Resolution based on the availability of the hearing officers.
What is the appeal process? Appeals may be filed only if a student receives a sanction of suspension or dismissal. The complaining party in a case may have the rights to appeal as well. The written appeal is submitted by the student and it is considered by the Appeals Board in a closed session. The student will be notified, in writing, of the decision. If the student (or the complaining party if applicable) is not satisfied with the decision of the Appeals Board, they may appeal to the Vice President for Student Affairs whose decision is final.
Which violations carry mandatory sanctions? Violations of the alcohol policy and dishonesty policy have mandatory minimum sanctions.
What is a judicial hold? A judicial hold generally means that a student has failed to complete disciplinary sanctions by a given deadline or the student has withdrawn from Miami University with pending disciplinary action or sanctions. Students are notified of holds via email. The student should contact the Office of Ethics and Student Conflict Resolution at OESCR@miamioh.edu to determine what must be done in order to remove the hold.
Can a student e-mail the paper they were assigned to write? If so, to what e-mail address? Students may submit papers electronically to the Office of Ethics and Student Conflict Resolution at firstname.lastname@example.org.
Do the costs of sanctions get charged to a student's bursar account? Fees for education programs will be billed to the student’s bursar bill.
Will the classes that a student has to take through criminal court count for the classes that were assigned to them by the Office of Ethics and Student Conflict Resolution? Educational sanctions mandated by an external municipal court may be substituted for educational sanctions mandated by Miami. However, the student should FIRST confirm this with the Office of Ethics and Student Conflict Resolution. Additionally, any outside sanction must meet Miami's deadline.
Can a student complete the alcohol/drug classes and assessment at an establishment off campus? Educational sanctions may be completed off campus with prior approval from the Office of Ethics and Student Conflict Resolution.
What is the expungement policy? Disciplinary records are maintained for a period of seven years from the date of the incident. Records of suspension and dismissal are maintained indefinitely, but may be considered for expungements in accordance with the Code of Student Conduct.
Will violations show up on a University transcript? Violations of the Code of Student Conduct do not appear on a transcript. However, if a student is suspended or dismissed for non-academic reasons that will be noted on a transcript. Further, if a student withdraws from Miami with pending disciplinary action or sanctions, it will be noted on the transcript.
When will parents be notified of a violation? Disciplinary records are maintained confidentially in accordance with the Family Education Rights and Privacy Act (FERPA). Only cases in which there has been a finding of responsible for an alcohol or drug violation and if the student is under the age of 21, will parents be notified. The notification will be in the form of a letter from the Office of Ethics and Student Conflict Resolution.
Who has access to disciplinary files? Disciplinary records are maintained confidentially in accordance with the Family Education Rights and Privacy Act (FERPA). Written authorization must be given by the student in order for the records to be disclosed to another person.