Legal Professionals

The student must provide written authorization for you to have access to information about the case or discuss the case with a staff member. Written authorization can be obtained through student submission of a completed OCS FERPA Release form. The Office of Community Standards will correspond at all times directly with the student, and not through any third party.

Additionally, all advisors and/or support persons must submit a completed Student Conduct Process Advisor and/or Support Person Attestation Form.

The standard of review used to determine responsibility is a “preponderance” standard. This determination is based on the greater weight of the information and does not require proof beyond a reasonable doubt.

The Code of Student Conduct permits attorneys to be present at all disciplinary meetings and hearings as an advisor. Advisors may not speak or act on behalf of the student. You may advise your client, provided your interaction does not disrupt the process.

There is no formal discovery under the Code of Student Conduct. All parties are afforded reasonable access to the case file. If you and your client would like to review the case file, the student should call 513-529-1417 to make an appointment.

There are no depositions under the Code of Student Conduct. Neither party (or their representatives) should approach the other party's witnesses prior to the hearing. All questioning of witnesses by the board members takes place during the proceeding.

The respondent or complainant may request a postponement of the hearing for reasonable cause. Any request for postponement must be made in writing, include the supporting rationale, and be received by the Office of Community Standards at least three university business days before the scheduled hearing. Examples of reasonable cause include: a death in the family, serious illness, academic conflict, or any other reason deemed appropriate by the Office of Community Standards.

The student may request a postponement, but pending criminal proceedings will not ordinarily serve as a basis to postpone a student disciplinary proceeding. The purpose of the university’s process is not to determine whether a student has violated the law; it is to determine whether a student violated the Code of Student Conduct.

The complainant and respondent are expected to participate in the hearing. If the respondent fails to appear for the hearing and the absence is not excused, the hearing may proceed in their absence. Alternatively, at the election of the Office of Community Standards, a registration hold may be placed on the respondent’s account until such time as the student conduct process is complete.

The student can appeal the finding and/or the sanction. Appeals are decided on the basis of the record and written submissions. Appeals under the Code of Student Conduct may be submitted on the following grounds:

• Inappropriate sanction.
• A procedural error in the hearing of the case occurred that is found to be substantial enough to have changed the outcome of the hearing, including failure to objectively evaluate all relevant evidence or error(s) related to determination of relevance.
• New information exists that was not reasonably available at the time the determination was made that is determined to be substantial enough to have changed the outcome of the hearing.