Search for a Policy

Code of Student Conduct

Scope: Undergraduate Students, Graduate Students and Student Organizations are covered by this policy.

Published 8/02/21 • Last updated 9/22/26 22:23:59

Students

Code of Student Conduct

Published 8/02/21 • Last updated 9/22/26 22:23:59

Section One: Overview

Chapter One: Introduction

The Code of Student Conduct (Code) at Miami University is intended to foster and protect the central purpose of the University: the free and open exchange of ideas. The Code outlines the rights and responsibilities of students, behaviors prohibited on and off campus, possible sanctions, and the procedural rights of students and student organizations.

The Code embraces several important values: the rights of free speech and peaceable assembly; the freedom of inquiry and the right to make constructive criticism; the central importance of honesty to the community; and the desire that all students engage in a community that respects differences of age, color, ability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status.

The University is deeply committed to maintaining a student conduct process that fully protects the rights of the institution and the students involved. The University reserves the right to supplement or alter the procedures in this Code at any time the University deems appropriate to protect the constitutional rights of the parties or to comply with state and/or federal law.

We expect all members of our community to conduct themselves with integrity and high ethical standards. These expectations are best captured by the Miami Values Statement, adopted by the Miami University Board of Trustees in 2002:

“Miami University is a scholarly community whose members believe that a liberal education is grounded in qualities of character as well as of intellect. We respect the dignity of other persons, the rights and property of others, and the right of others to hold and express disparate beliefs. We believe in honesty, integrity, and the importance of moral conduct. We defend the freedom of inquiry that is the heart of learning and combine that freedom with the exercise of judgment and the acceptance of personal responsibility.”

These values are at the very heart of this Code. When students deviate from these ideals, our primary goal is to assist students in better understanding, internalizing, and acting on these values. In short, this Code assumes that members of our community are of high character and are committed to a life of integrity. In this spirit, we are committed as a community to help those who made choices that result in a Code violation to continue to work towards their educational and personal goals at Miami.

Students who have questions about the Code should call the Office of Community Standards at (513) 529-1417 or email CommunityStandards@MiamiOH.edu. All references to University offices are deemed to be in reference to the most closely analogous offices at Miami University Hamilton (Student Services), and Miami University Middletown (Student Life), and the Voice of America Learning Center (Director’s Office).

Chapter Two: The Code of Student Conduct

This Code applies to Miami’s undergraduate students, graduate students, and student organizations. The Code prohibits misconduct on University premises (buildings or grounds owned, leased, operated, controlled, or supervised by the University), including the Oxford campus, Miami University Dolibois European Center, the Miami University Hamilton campus, the Miami University Middletown campus, and the Voice of America Learning Center. It also applies to misconduct in University programs and activities, regardless of location, and off-campus conduct that negatively impacts the campus community. Students and student organizations are subject to this Code beginning at summer orientation, during academic terms for which they are enrolled, during breaks between terms, during University holidays and vacations, and during periods of suspension. Additionally, while Miami University does not routinely monitor social media sites and other electronic media, students should be aware that behavior on such sites when reported to the University may be investigated and adjudicated.

Chapter Three: Standards of Conduct

To promote a safe and civil campus environment, Miami University expects each student and student organization to follow this Code. The severity of the offense, prior disciplinary history, whether an offense was committed against a person intentionally selected by reason of their sex/gender, race, color, religion, national origin, disability, age, sexual orientation, gender identity or expression, pregnancy, military status, or veteran status, and other relevant circumstances will be considered in determining the appropriate disciplinary action.

Chapter Four: Reporting, Referrals, and Student Rights

Miami University is committed to providing a procedurally sound and impartial process for all students involved in any conduct process. This includes both the student and/or organization alleged to have violated the policy (the Respondent) and any impacted party (the Complainant), where applicable.

1.4.1 Reporting Alleged Violations

Any person may report a suspected violation of the Code or other university policies. Reports must be submitted in writing using the online form at Miami University Incident Report Dashboard

Timely reporting is encouraged. Anonymous reports are accepted but may limit the university’s ability to respond. Individuals who report violations may be asked to participate as witnesses.

1.4.2 Law Enforcement Agencies and Referral

Issues involving the Miami University Police Department and/or Oxford Police Department will be referred to the Office of Community Standards (OCS) and may result in disciplinary action. Other matters involving, but not limited to, law enforcement, code enforcement, and/or fire code enforcement may also be referred to OCS and may lead to disciplinary action.

The Code is different from criminal or civil justice systems. Students can be accountable to both the University and in a civil or criminal proceeding for the same actions. University conduct proceedings can happen even if civil or criminal cases are pending or dismissed.
Reporting parties are encouraged to seek help from the Miami University Police Department or the Dean of Students Office. They can choose to pursue action through either criminal or university processes, or both.

1.4.3 Initial Report and Case Review

When OCS receives an incident report, the Director or their designee reviews it to determine whether the allegation, if true, could violate the Code.

All reports are evaluated individually, considering all available information, the surrounding context, and the impact on others.

1.4.4 Standard of Review

The standard of review used to determine responsibility is a “preponderance” standard of evidence. This standard means that the information and facts presented must show that it is more likely than not that the behavior of the student violated the Code.

1.4.5 Due Process

Students should expect the following:

Timely Notice:
- Both the Complainant and the Respondent will receive prompt written notice of the allegations and any scheduled proceedings. When communication is the same for all parties (e.g. hearing preparations, appeal rights, outcomes) the communication will happen concurrently with minimal delay between parties.
- Any non-party (e.g., witnesses, etc.) will receive prompt written notification of opportunity to participate in any conduct proceedings.
Opportunity to Be Heard:
- All named parties will be offered the opportunity to share their perspective, provide information, and respond to allegations.
- Complainant(s) and respondent(s) involved in any conduct process will be offered the opportunity to make statements, provide evidence, identify witnesses, and challenge any other evidence or statements.
Right to Information:
- All parties will be informed of their rights throughout any conduct process.
- Respondents have a right to review any allegations against them, investigation materials, hearing documents, and evidence used to determine the outcome of any case.
- Complainants have the right to review any investigation materials, hearing documents, and evidence used to determine the outcome of any case.
Presumption of Non-Responsibility:
- Students are presumed not responsible for any alleged behavior unless they voluntarily accept responsibility or the conduct process determines that a violation occurred, using the preponderance of the evidence standard.
Confidentiality:
- The conduct process protects the confidentiality of all parties as required by law and University policy.
Procedurally Sound, Prompt, and Impartial Process:
- The student conduct process will be procedurally sound, including, providing neutral decision-maker(s), impartial treatment without bias for or against any party, timely proceedings, and regular updates.
- Communication from the University regarding conduct matters will include clear timelines for prompt response and resolution, and communication regarding administrative steps upon non-engagement.
Neutral Adjudication:
- Decision-makers in any conduct process will be trained, impartial, and without conflict of interest.
Right to an Advisor:
- Parties may have up to two (2) advisors of their choice at any conduct meeting or proceeding. This advisor may be an attorney, or non-attorney advocate of the student’s choosing. Advisors will not be provided to students*, and the student is personally responsible for any cost associated with any advisor they select. (See Section 2.5.2 below.)
- *Title IX Advisors are governed by federal regulations and are covered separately in the university’s Policy on Sexual Misconduct. (Chapter 5 below.)
Written Notification via Official University Communication:
- Each student involved in a conduct process will receive written notice of any allegation, their rights, and charges, as well as invitation to provide information, and any outcome(s). Any written notification to a student must include their timeline for engagement or response.
  - Official notices from the University will be sent to the student’s university email address. When necessary, notices may also be delivered in person or via mail. Email is considered received on the day it is sent.
  - Written communications will include clear timelines for any deadlines in the process.
Conduct Meetings:
- Before formal charges are issued or allegations are dismissed, the University may pursue investigation of the alleged misconduct through appropriate conduct meetings. This includes meetings with relevant individuals and a thorough review of all available evidence. Students are not required to participate in a conduct investigation, however, if they choose to participate, they are expected to engage truthfully within the timeline(s) outlined in written correspondence from the Office of Community Standards.
- Students who are alleged to have violated the Code will be notified, in writing, and given the opportunity to attend an initial meeting with a hearing administrator. This matter may be resolved at this initial meeting, or may progress through other appropriate resolution avenues.
Conduct Charges:
- Any student being charged with a formal violation of the Code, will receive written communication of formal charges before the matter is resolved. This written notice will include the prohibited conduct definition(s) for which there is preponderance of the evidence, and a rationale for how preponderance for each charge has been met. This written notification will take place even if charges have been discussed verbally with the respondent.

Chapter Five: "1219" Procedures

Ohio Revised Code Sections 3345.22 and 3345.23 procedures are commonly referred to as “1219” proceedings. A student who is arrested for any of the offenses defined in Ohio Revised Code 3345.23(D) may be subjected to the “1219” proceedings, which are summarized below.

After a hearing, as proscribed by Ohio Revised Code 3345.22, that will be held no more than five days after arrest (continuances may be granted, that may not exceed a total of 10 days), students arrested for one of the offenses defined in Ohio Revised Code 3345.23(D) are subject to immediate suspension from the University, pending the outcome of the criminal prosecution. Students convicted of any of the offenses enumerated in Ohio Revised Code 3345.23(D) are subject to automatic dismissal from Miami University. The initiation of a “1219” proceeding against a student does not prohibit the University from taking University disciplinary action against that same student under the Code for the same conduct that gave rise to the “1219” proceeding. This includes, but is not limited to, the imposition of a Summary Suspension.

Students suspended or dismissed under these “1219” procedures are not permitted on University property without the express permission of the President or the Board of Trustees. Students dismissed upon conviction may be re-admitted or admitted to any other Ohio tax-supported college or university, at the discretion of the college or university’s board of trustees, but only after the lapse of one calendar year following dismissal and only upon terms of strict Disciplinary Probation (see Ohio Revised Code 3345.22 and 3345.23 for full text of the statutes and see Section 4, Chapter 3 of the Code of Student Conduct for list of defined offenses of violence).

Chapter Six: Interpretation of the Code of Student Conduct

Any question of interpretation or application of the Code shall be referred to the Senior Vice President for Student Life or designee for final determination.

Back to Section One Top | Back to Table of Contents

Section Two: Student Conduct Regulations and Process

Chapter One: Prohibited Conduct

Miami University encourages students to go above and beyond simply avoiding the prohibited conduct listed below. When possible, students are expected to make decisions that align with community values when they are able without risk to the health or safety of the student or others. Those decisions may include:

Advising those potentially violating this Code to cease that behavior;
Leaving the situation immediately; and/or,
Reporting the potential violation of this Code.

Miami University considers the following conduct unacceptable. This non-exhaustive list is intended to clarify behavior that is not permitted.

2.1.1 Abuse of Technology

Violation of the Responsible Use of Computing Resources Policy. This includes, but is not limited to, the use of University resources such as Zoom or Google Meet to facilitate classroom disruptions.
Using electronic or other means to make a video, audio, or photographic record of any person in a location where there is a reasonable expectation of privacy without the person’s prior knowledge, when such a recording is likely to cause injury, distress, or damage to reputation. This includes, but is not limited to, taking video, audio, or photographic records in shower/locker rooms, residence hall rooms, and restrooms. The storing, sharing, and/or distributing of such unauthorized records by any means is also prohibited.

2.1.2 Alcohol Violations

Violation of alcohol laws or university policies related to the possession and/or consumption of alcohol. Interfering with the rights or safety of others due, in part to intoxication, or interfering with University operations that is due, in part to intoxication. Examples include, but are not limited to:

Possessing or consuming alcoholic beverages and/or empty alcoholic beverage containers by students less than 21 years of age;
Public intoxication;
Furnishing or selling alcohol to any person less than 21 years of age;
Permitting any person less than 21 to consume alcohol in one’s residence.

The University may notify by email or regular U.S. mail the parents of students under the age of 21 who have been found responsible for violating the Code of Student Conduct regarding the use or possession of alcohol or drugs.

2.1.3 Bullying

Inciting or participating in any behavior that would constitute bullying, cyber bullying, and/or threatening behavior. Such behaviors are defined as repeated and/or individual actions, behaviors, communication (written or oral), or gestures directed at another member of the Miami University community that reasonably intimidates, humiliates, degrades, defames, controls, threatens, or intentionally causes, or attempts to cause, non-physical harm to the individual. This can include communication or conduct directed to other person/s, groups, or self. Prohibited behaviors may be in person, in print, via electronic means, or through social networking.

Bullying does not include speech or conduct that is protected by the First Amendment, such as the expression of opinions or debate.

2.1.4 Complicity

Allowing a violation to occur, whether by enabling the violation or failing to report it. This includes advising, instigating, encouraging, or assisting with a violation of the Code. A student may not be found responsible for both complicity and the underlying charge. A student can be charged with complicity for violations of the Code that were committed by their guest.

2.1.5 Destruction, Damage, or Defacement of Property

Causing intentional or unintentional destruction, damage, and/or defacement of University premises or property or the personal property of another person or organization.

2.1.6 Dishonesty

Misuse or falsification of university or related documents by actions such as forgery, alteration, or improper transfer (including a student ID card).
Submission of information to the University known by the student to be false, such as knowingly making a false accusation of misconduct or knowingly reporting a false emergency.
Knowingly making false statements to a University administrator.

2.1.7 Disorderly Conduct

Actions that disturb, obstruct, or interfere with the academic, social, or administrative functions of the institution not otherwise defined as Interfering with a University Function.

Posting lewd or inappropriate images on virtual learning platforms;
Loitering;
Seriously disruptive behavior;
Unreasonable noise leading to disturbances or nuisances;
Behavior that is disorderly, indecent, or that breaches the peace.

2.1.8 Drug Violations

Unlawful possession and/or consumption of any controlled substance or drug except as expressly permitted by law; lawful possession or use of cannabis (whether for medical or recreational purposes) is prohibited on campus, and as such is treated as a drug violation under this Code.
Possession of drug related paraphernalia (including, but not limited to bongs, scales, or pipes) except as expressly permitted by law.
The abuse, misuse, sale, or distribution of prescription or over the counter medication.
The use, offer for sale, sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant except as expressly permitted by law.

2.1.9 Endangering Health or Safety

Taking or threatening action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action.

2.1.10 Failure to Comply

Failure to comply with the directions of law enforcement, emergency personnel, or authorized University officials (including Residence Life staff) including failure to identify oneself when requested;
Violation of a no contact order or directive issued by Miami University;
Repeated failure to complete assigned sanctions from the Office of Community Standards.

2.1.11 False Identification

Possession, use, and/or attempted use of false identification.
Providing a false name and/or identity when asked.
Manufacture, distribution, or sale of false identification.

2.1.12 Fire Safety

Violation of applicable local, state, federal or campus fire laws, codes and policies including, but not limited to:

Intentionally or recklessly causing a fire
Failure to evacuate University Premises during a fire alarm;
Use of University fire safety equipment for an improper purpose;
Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University premises; or
Other behaviors reported to the University by municipal authorities.

2.1.13 Harassment

Policy and procedure for Harassment and Discrimination cases.

2.1.14 Hazing

Doing, requiring, encouraging or coercing another, including the victim, to do any act of initiation into any student organization or other University sanctioned organization or athletic team, or any act to continue or reinstate membership in or affiliation with any student organization or other University sanctioned organization or athletic team, that causes or creates a substantial risk of causing mental or physical harm to any person, regardless of their willingness to participate. Failure to intervene, prevent, report, or engage honestly in the investigation and/or adjudication of any act of hazing may also constitute a violation. Examples include, but are not limited to:

Physical abuse (e.g., whipping, beating, striking, electronic shocking, placing harmful substances on the body);
Forced or coerced activities (e.g., sleep deprivation, exposure to elements, confinement, extreme physical exercise);
Forced or coerced consumption of food, alcohol, drugs, or other substances;
Coerced sexual acts;
Threatening behavior that causes fear of harm;
Any conduct that violates local, state, or federal law.

2.1.15 Interfering with a University Function

Actions that interfere with, obstruct, or disrupt University functions.

University functions, on or off campus, include but are not limited to teaching, research, administration, disciplinary proceedings, University programs or activities, public safety, and public service functions.
This prohibition also extends to non-university functions when held on University premises. (See the “Right of Expression of Students” policy guaranteeing the right of expression of students).

2.1.16 Retaliation

Any adverse action taken by a student, student organization, or intentionally through a third party against a person who has filed a report, served as a witness, assisted, or participated in any University investigation or in any University proceeding is prohibited.

2.1.17 Sexual Misconduct

Policy and procedure for Sexual Misconduct cases.

2.1.18 Theft

The unauthorized taking, misappropriation, or possession of any property belonging to, owned by, or maintained by the University, an organization, or another individual, or the possession, retention, or disposal of stolen property.

2.1.19 Trespass or Unauthorized Use of Facilities and/or University Access Device

Residential Trespassing: Actual or attempted entry, occupying, or having been found to have entered residential rooms or spaces that the student has not explicitly been given permission to occupy or enter by Miami University or the individual(s) responsible for that space.
Unauthorized Entry: Gaining, attempting to gain, or making entry to any space in which the student is not authorized to do so.
Trespassing: Occupying or entering any facilities which are locked, closed to student activities, otherwise restricted or should reasonably be believed to be restricted in their use for any reason.
Unauthorized Use of University Access Device: The unauthorized use, distribution, duplication, or possession of any access device including keys or access cards issued for any University building, laboratory, facility, or room.

2.1.20 Violation of Law

Committing actions that violate federal, state, or local laws that are not otherwise a violation of the Code.

2.1.21 Violation of Sanctions

Violation of any terms of disciplinary restrictions, probation, or suspension;
Failure to satisfactorily complete sanctions;
Violation of a mediated or informal resolution agreement.

2.1.22 Violation of University Policy

Violation of any other published University policies, procedures and/or regulations, or contracts. Examples, including but not limited to, violations of Regulations for On-Campus Living, Residence and Meal Plan Contract, and Student Room Regulations.

2.1.23 Weapons

Storage, possession, or use of a dangerous weapon, device, or substance, including but not limited to: firearms, explosive devices, dangerous chemicals, knives, fireworks, compressed air guns, pellet guns, stun or zip guns, Tasers, BB guns, and paintball guns, unless authorized by the Miami University Police Department, even if otherwise permitted by law.
1. Students may make arrangements with the Miami University Police Department (MUPD) to store their weapon(s) at MUPD.
The possession of pepper spray for personal protection is permitted. Misuse of pepper spray in a manner that causes or threatens serious harm to the safety or security of others is prohibited.
As required by Ohio Revised Code Section 2923.1210, this section does not prohibit a student who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:
1. Each firearm and all of the ammunition remains inside the person’s privately owned motor vehicle while the person is physically present inside the motor vehicle, or
2. Each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person’s privately owned motor vehicle; and
3. The vehicle is in a location where it is otherwise permitted to be.

Chapter Two: Student Conduct Process

The University is committed to a complete, procedurally sound, and timely conduct process for all students and/or student organizations. Resolution of a conduct case may be extended as necessary to ensure a full and procedurally sound process takes place.

The conduct process is initiated upon receipt of a report or information alleging that a student or student organization has engaged in conduct prohibited by this Code.

Students are responsible for checking their university email, and consistent with the Code, a document is considered received when sent through University systems and email, or if circumstances require it, when delivered in person.

2.2.1 Conduct Procedures

After the initial review by the Director of OCS or designee, an allegation will be processed through the appropriate Conduct Procedures.

In reports where the alleged behavior does not include direct harm to another person(s), and there is no identifiable complainant, Procedure for Code Violations Involving Only a Respondent will be followed.
In reports where the alleged behavior includes direct harm to another person(s) and there is an identifiable complainant and the alleged conduct is not sexual in nature, Procedure for Code of Conduct Violations Involving a Complainant and Respondent will be followed.
In reports where the alleged behavior is sexual in nature, the report will be referred to the Title IX and Title VI Coordinator or their designee for review and appropriate grievance process. If the allegation does not fall under Title IX, the report will be transferred back to OCS for review.
In reports where the alleged behavior includes harassment and discrimination prohibited by Title VI, the report will be transferred to the Title IX and Title VI or their designee for review and appropriate grievance process. If the allegation does not fall under Title VI, the report will be transferred back to OCS for review.

Procedures for Code of Student Conduct Violations Involving Only a Respondent

Notice to Respondent: If the report proceeds, any student alleged to have violated policy (the Respondent) will receive written notice that includes:

A summary of the allegations, and approximate date OCS received the information.
A request to schedule an initial meeting with a hearing administrator, including a deadline of five (5) business days for the student’s response.
Notice that the respondent is not obligated to participate in the conduct process, and that a determination regarding responsibility and sanctioning will be made with all available information regardless of their participation.
The Respondent’s right to an advisor.

For allegations that are considered potential Serious Violations, the written notice will include all of the above and:

Notice of possible suspension or dismissal if found responsible

Conduct Meeting with Respondent: The Respondent may meet with the assigned Hearing Administrator to:

Review the allegations.
Ask questions about the conduct process.
Review student’s rights and responsibilities under the Code.
Review student’s right to a prompt, procedurally sound, and impartial process.
Discuss available University supports and resources.
Discuss the allegations and answer any questions from the Hearing Administrator.

The Respondent is not obligated to participate in the conduct process, and if they choose to do so, are not required to provide any statement or information about the alleged incident. They should be aware, however, that non-participation does not end the conduct process and the hearing administrator will use any information available to them to make a decision. This information may include, but is not limited to:

Incident report(s);
University records;
Law enforcement report(s); and/or
Information gathered from other parties.

Formal Conduct Charges: If, during the initial meeting, or at any point following, the assigned hearing administrator has enough information to determine that preponderance of the evidence has been met for any or multiple violations of the Code, they will communicate this to the respondent.

Formal charges may be communicated verbally as part of an ongoing discussion with the student, but a resolution will not be reached without presenting the student with the charge(s) in writing.

Resolution Options:

Mutual Resolution: A mutual resolution may be offered when the Respondent accepts responsibility for the charge(s) presented to them. The Respondent and hearing administrator will discuss appropriate sanctions. If the Respondent accepts the proposed resolution:
- It must be documented in writing and signed by all parties.
- The matter is considered resolved.
- There is no appeal of any mutual resolution.
Hearing: If the matter is not resolved mutually, it will proceed to a formal hearing before a University Hearing Board.
In Absentia: This resolution option is used when a respondent chooses not to engage in the process and/or fails to respond to initial outreach within five (5) business days. In an absentia resolution, the hearing administrator uses their professional expertise to evaluate the available information, determine responsibility based on the preponderance of the evidence, and, if applicable, assign sanctions that are proportionate to the violation and focused on education and accountability.

Procedure for Code of Student Conduct Violations involving a Complainant and a Respondent

Policy and procedure for Sexual Misconduct cases.

Initial Outreach to Complainant: If the report proceeds, the student impacted by the policy violation (the complainant) will receive written notice that includes:

Date initial information was received.
An invitation to meet with OCS to discuss the incident, including a deadline of five (5) business days for the student’s response.
Information about available resolution options.
Their right to a prompt, procedurally sound, and impartial process.
The Complainant’s right to an advisor.

Initial Meeting with Complainant: If the Complainant chooses to do so, they may meet with the assigned hearing administrator to discuss the incident and explore resolution options. During this meeting, the Complainant will:

Be asked to answer questions to help determine if the University’s policies apply. Complainants are not obligated to share details about the alleged incident.
Receive information about university policies relevant to conduct that violates individual rights of another.
Learn about their right to a prompt, procedurally sound, and impartial process.
Be informed about the conduct process and what their participation involves.
Review available University supports and resources.

In most cases the University will respect the Complainant’s requested path to resolution but may take additional steps if necessary to ensure the safety of the university community or compliance with policy.

Determining How to Proceed: If, during the initial meeting, or at any following time, a complainant requests to initiate a conduct process, they must indicate this to the hearing administrator. The hearing administrator will:

Discuss the conduct process with the complainant and how they will be expected to participate in the process.
Review the allegations and discuss a narrative of events that will be used in outreach to the respondent.
Ask the complainant what they feel the most appropriate sanctions would be if there is a responsible finding in the case.

If the Complainant does not want to move forward with a conduct resolution process or fails to respond to initial outreach within five (5) business days, the Director of Community Standards or their designee, may still decide to initiate the conduct process if:

There is a serious and immediate threat to safety, or
The University cannot ensure equal access to its programs without taking action.

Factors considered include the severity of the misconduct, risk of recurrence, available evidence, and safety concerns.

If this occurs, the Complainant will not be required to participate in the conduct process, however they should be aware that non-participation may not end the conduct process and the hearing administrator will use the information available to them to make a decision. This information may include, but is not limited to:

Incident report(s);
University records;
Law enforcement report(s); and/or
Information gathered from other parties.

Outreach to Respondent: Upon receiving notice that the complainant wishes to pursue accountability or determining that an appropriate administrator will exercise the right to pursue, the University will notify the student accused of misconduct (the Respondent) in writing. The written notice to the respondent will include:

Date initial information was received.
The name of the complainant and the allegations as discussed with the complainant.
A request to meet with OCS to discuss the incident, including a deadline of five (5) business days for the student’s response.
Their right to a prompt, procedurally sound, and impartial process.
Their right to an advisor.

Resolution Options:

Mutual Resolution: A mutual resolution may be offered when the Respondent accepts responsibility for the charge(s) presented to them. The Respondent and hearing administrator will discuss appropriate sanctions. If the Respondent accepts the proposed resolution:
- It must be documented in writing and signed by all parties.
- The matter is considered resolved.
- There is no appeal of any mutual resolution.
Hearing: If the matter is not resolved mutually, it will proceed to a formal hearing before a University Hearing Board. In the hearing proceedings, a professional staff member from OCS will facilitate the process. The Complainant (student) will be asked to participate in the hearing, including being available for questioning by the University Hearing Board, and the Respondent. Neither the Respondent nor Complainant are required to participate in the conduct process, however they should be aware that non-participation may end the conduct process or require the hearing body to use only the currently available information to make a decision.
In Absentia: This resolution option is used when a respondent chooses not to engage in the process and/or fails to respond to initial outreach within five (5) business days. In an absentia resolution, the hearing administrator uses their professional expertise to evaluate the available information, determine responsibility based on the preponderance of the evidence, and, if applicable, assign sanctions that are proportionate to the violation and focused on education and accountability.

2.2.2 Options for Resolution

If a Respondent is alleged to have committed a violation of the Code, the following resolution options can be available. Resolutions are facilitated with the guidance and/or oversight of a trained hearing administrator. Factors considered in determining available resolution options include, but are not limited to:

Complainant(s) choice to pursue charges or engage in an accountability process.
Respondent(s) choice to engage in an accountability process.
Severity of the allegation, including considerations around campus and/or community safety.
History of involvement of any involved party in previous mutual resolutions and any respondent recidivism.

Regardless of the type of resolution, the respondent and, when appropriate, complainant, will be notified of the outcome within ten (10) business days of the resolution being filed.

Mutual Resolution:

Mutual Resolution provides students the opportunity to voluntarily resolve a concern in a way that focuses on understanding, repairing harm, and preventing future issues. A hearing administrator actively leads this process by using their professional expertise to facilitate dialogue, offer recommendations, and help develop a resolution that considers precedent of other similar cases, addresses the impact of the conduct, and supports community values.

Participation in a Mutual Resolution requires the agreement of all parties involved, while it may often include the Respondent accepting responsibility for violation(s) of the Code and assigned sanctions, it does not always result in a formal finding of responsibility. Outcomes reached through Mutual Resolution are considered final once all parties and OCS agree to the resolution. At any point prior to a hearing, a Respondent may choose a Mutual Resolution by accepting responsibility and proposed sanctions.

In Absentia Resolution:

This resolution option is used when a respondent chooses not to engage in the process and/or fails to respond to outreach within the stated deadline. OCS will make attempts to contact the student as outlined above. If a student does not respond within the five (5) business day timeline outlined in the outreach communication, the University will proceed with charging violations of the Code using the information available. This information may include, but is not limited to:

Incident report(s);
University records;
Law enforcement report(s); and/or
Information gathered from other parties.

In an absentia resolution, the hearing administrator uses their professional expertise to evaluate the available information, determine responsibility based on the preponderance of the evidence, and, if applicable, assign sanctions that consider precedent of other similar cases, are proportionate to the violation, and are focused on education and accountability.

The in absentia process is designed to ensure procedural fairness and timely resolution while ensuring the due process rights of the student are upheld by providing an opportunity to be heard.

Minor Violations:

Any violation(s) where the sanction(s) proposed in the outcome letter do not include University Suspension or Dismissal.
- If a student does not respond to outreach from OCS, the assigned hearing administrator will issue an outcome notice based on the information available.
- This notice will include the charge(s), a rationale to support the charge(s), and assigned sanctions. The student may choose to:
  - Submit an appeal in writing within five (5) business days on the grounds stated for appeal in Section 2, Chapter 4 of the Code.
  - Take no action. If an appeal is not submitted within five (5) business days, the finding(s) and sanction(s) will become final. OCS will provide a written confirmation of the outcome and sanction requirements with a notice that the appeal period has been exhausted.

Serious Violations:

Any violation(s) where the sanction(s) being proposed in the outcome letter include University Suspension or Dismissal.
- If a student does not respond to outreach from OCS, the assigned hearing administrator will issue an outcome notice based on the information available and refer the case to a new hearing administrator for a second review.
- This notice will include the charge(s), a rationale to support the charge(s), and assigned sanctions.
- This notice will also include the name of the new hearing administrator, the date/time of a scheduled conduct meeting (scheduled no sooner than five (5) business days from the notice unless the student waives this timeline in writing) and information about due process rights.
If the student does not attend the scheduled conduct meeting the matter will proceed in their absence, and a decision will be made based on the information available. This information may include, but is not limited to:
- Incident reports(s);
- University records;
- Law enforcement report(s); and/or
- Information gathered from other parties.

The student will receive written notice of the outcome, sanction(s) imposed, and information about the right to appeal consistent with the Code.

The University will consider reasonable extensions or accommodations if a student can demonstrate extenuating circumstances that prevented participation. Proceeding in absentia does not relieve the student of responsibility for completing any sanction(s) imposed.

Hearings

Any student charged with a violation of the Code has the right to have their case resolved through a University Hearing Board (Board). A case will typically proceed before a Board when:

The Respondent has engaged in the conduct process and does not accept responsibility for the charge(s) and/or assigned sanctions and therefore declines to resolve the matter through Mutual Resolution, or
The Respondent chooses, at any time, to have their case heard by a University Hearing Board rather than an individual hearing administrator.

2.2.3 Hearing Procedures

Hearing proceedings will follow the same procedure for cases regardless of whether the original complainant chooses to participate or not.

Notice of Hearing

If formal alleged violations are filed and there is no mutual resolution, the Director of OCS or their designee shall email a hearing notice to the Respondent. The date of the hearing will not be fewer than ten (10) days after receipt of written notice, unless the Respondent waives, in writing, the ten-day preparation period. Hearings will be scheduled based upon the student’s academic schedule.

A hearing notice shall include the following:

For Minor Violations

Statement of the specific alleged violation(s) against the Respondent;
Brief summary of the alleged violation(s);
Date, time, and location for the hearing;
The names of Board members;
Notice of the right of reasonable access to the allegation information and evidence;
Statement indicating the Respondent may seek assistance from OCS staff in preparation for the hearing, including the name of a neutral point of contact; and
Date of when parties must submit the names of participating witnesses and any additional evidence to OCS (five (5) business days before the scheduled hearing).

For Serious Violations

All of the requirements for a minor violation; and
If applicable, notification of possible suspension or dismissal if found responsible.

The Respondent waives all claims of failure to receive adequate notice if the Respondent fails to check or open email correspondence and/or appears at the hearing and does not formally raise the issue of adequate notice at the first opportunity. It is the student's responsibility to notify OCS of any change requests related to the scheduling of a hearing. The Director of OCS or designee will determine the validity of the request and determine if a scheduling change will occur.

The scheduling of hearings may be delayed at the discretion of the Director of OCS or designee during times of heavy caseloads, if the alleged violation occurs close to the end of an academic semester or term, or in the event of the reasonable need for additional time by either party.

Conflict of Interest

Upon receipt of the Notice of Hearing, the Respondent should review the names of individuals serving as members of the Board and alert OCS of any perceived conflict of interest in writing no fewer than five (5) business days before the scheduled hearing.

Hearing Proceedings

In most cases, the Board will be made up of one trained member of the University faculty, one trained member of the University staff, and one trained member of the University student body. In the event that a member of the University student body is not available, a second faculty or staff member will serve.
- The University Hearing Board chair role will be filled by only faculty or staff members.
A professional staff member from OCS will serve as a hearing administrator.
The student reported to be the victim of conduct that may violate the Code will serve as the Complainant.
- If the Complainant has chosen not to participate in the conduct process and the University has determined it necessary to proceed with the conduct process to ensure the safety of the university community or compliance with policy, then a professional staff member from OCS will represent the University.
The student or student organization charged with violation(s) of the Code will serve as the Respondent.
Witnesses may be called by both the Respondent and the Complainant.
- If the Complainant has chosen not to participate in the conduct process and the University has determined it necessary to proceed with the conduct process to ensure the safety of the university community or compliance with policy, then the University may call witnesses.
The chair of the Board shall exercise control over the proceedings to avoid inappropriate consumption of time, to address disruption, and to achieve orderly completion of the hearing. The Board may exclude any person, including Respondent, Complainant, Victim, Witness and/or Advisor who is a barrier to a disruption-free, timely, and equitable process.
Formal legal rules of evidence do not apply. The Board shall determine the admissibility of all matters of information.
Admission of any person to the hearing shall be at the discretion of the Board.
Each hearing, at the general discretion of the Board, shall proceed as follows:
- Presentation of formal alleged violation(s).
- Opening statements by the Complainant and Respondent.
- Complainant's presentation of documents, information, and witnesses, followed by questions by the Respondent and/or Hearing Bodies.
- Respondent's presentation of documents, information, and witnesses, followed by questions by the Complainant and/or Hearing Bodies.
- Closing statements by the Complainant and Respondent.
After closing statements, the Board will enter confidential deliberations. All involved parties and witnesses are required to remain in close proximity, unless a party is excused, in the event the Board needs to recall any person.
A formal administrative decision by the Board will proceed as follows:
- A decision by the Board of responsible or not responsible for alleged violation(s) shall be made in private, based solely on the information presented at the hearing, using the preponderance of the evidence standard. A determination of responsibility must be made prior to a decision on sanctions. Any previous conduct record of the Respondent shall not be considered in the hearing unless and until responsibility has been established.
- The hearing will reconvene for the presentation of findings and if there are any responsible findings, each party will have the opportunity to present an impact statement and suggested sanctions and the board will be provided with the Respondent’s conduct record.
- Decisions by the Board regarding sanctioning shall be made in private. The Board will enter confidential deliberations. In most cases, all involved parties and witnesses are required to remain in close proximity, unless a party is excused, in the event the University Hearing Board needs to recall any person.
- In most cases, the hearing will reconvene the same day and sanction(s) will be presented before the hearing is adjourned. In some cases, however, the board may require additional deliberation time. In these instances, the hearing will be adjourned and parties will be dismissed and the board will issue a final rationale, to include sanctions, no more than five (5) business days after the hearing is adjourned.
Review of Board Determinations:
- The Board has authority to impose sanctions up to and including suspension from the university. If the Board determines that dismissal is the appropriate sanction, the Board will forward a recommendation of the Respondent’s dismissal to the Dean of Students or designee, who will then issue a decision on the sanction of dismissal.
Hearings are closed to the public.
Only the University may record (audio, transcription, and/or video) a hearing.

A decision letter outlining the formal resolution of the hearing must be transmitted to the Respondent in writing within five (5) days of the conclusion of the hearing. The document will contain a brief summary of the information upon which the decision is based, a summary of the Board's findings, and all sanctions imposed. The document must also contain any appeal rights, including appeal deadlines and the permitted grounds for the appeal. Under most circumstances, the University may not disclose hearing outcomes regarding individuals to anyone except the Respondent, those designated by the Respondent through the waiving of their FERPA rights, and others as noted in Section Seven, Chapter Two (Release of Disciplinary Records). However, under specific circumstances, the University may disclose the formal resolution of a proceeding and/or sanctions against a Respondent found responsible for sexual misconduct or any Code violations involving violence to the Complainant. Further, student organizations do not have the same rights to privacy as individuals.

All documents created, generated, produced, or developed prior to and throughout the course of the hearing, including the appeal process, shall be and remain the property of the University to the maximum extent possible by law and in accordance with Miami University general records retention and disposition schedules. Examples include, but are not limited to, all hearing transcripts, audio or video recordings, and/or hearing notes.

2.2.4 Alternative Resolution Processes

Adaptable Resolution

The adaptable resolution process (AR) is a remedies-based, structured process between or among affected parties that balances support and accountability without formal disciplinary action against the respondent. AR is generally designed to allow a respondent to acknowledge harm and accept responsibility for repairing harm (to the extent possible) experienced by the complainant and/or the university community. AR is designed to address the prohibited conduct, prevent its recurrence, and remedy its effects in a manner that meets the needs of the complainant while maintaining the safety of the campus community. This process can be used for a variety of types of conflict, including interpersonal disputes or disagreements as well as incidents in which a student has caused harm in their community.

The Dean of Students or designee is the administrator responsible for oversight of the AR process. The Dean of Students or designee determines whether the matter is appropriate for the AR process, makes primary case assignments to the resolution coordinator, and monitors the progress of each case to resolution. The nature of some conflicts, especially those involving violence, may render AR inappropriate. Each participant must sign the voluntary participation agreement before entering into the AR process.
If it is determined that the matter may be appropriately resolved through the AR process, an attempt to resolve the matter will be undertaken. The AR process may include one or more of the following restorative approaches:
1. Facilitated Dialogue: A structured and facilitated conversation between two or more individuals, most often the complainant, the respondent, and/or other community members.
2. Restorative Circle or Conference Process: A facilitated interaction where individuals who have experienced harm can come together with an individual(s) who assumes responsibility for repairing harm, with the goal of creating a plan or agreement to repair the harm (to the extent possible).
3. Restorative Shuttle Agreement: An indirect, facilitated conversation conducted separately with the complainant, the respondent, and/or other participants to discuss experiences, perspectives, and exploration of interests while working towards meeting expressed needs. This negotiated process does not require direct interaction between the parties or the parties and other participants, but rather, independently, with a coordinator to create an agreement to repair harm.
4. Community Supported Accountability Circle (“CSAC”): A facilitated interaction between the respondent and University faculty and/or staff designed to provide accountability, structured support, and the development of a learning plan. The focus of a CSAC is to balance support and accountability for an individual who has acknowledged their obligation to repair harm, to prevent future harm, and their willingness to engage in an individual educational process. The CSAC model does not require participation from the complainant.
Participation in an AR process may or may not result in an agreement or resolution. The respondent has the right to discuss potential sanctions/interventions before entering into an agreement. When a mutually satisfactory resolution is reached by parties, the case is resolved and parties are encouraged to use the Office of the Dean of Students as a resource for future questions. Resolutions reached through AR may not be appealed. Failure to fulfill the resolution agreement may result in referral to the formal conduct process and possible conduct charges.

Community Circle Program

Grounded in the mission of OCS, the Community Circle Program allows students to engage in a meaningful and reflective process following an incident of alleged misconduct involving alcohol. The program focuses on student accountability, recognizing and repairing harm (to the extent possible) caused by violation(s) of the Code, and restoring trust with the university community.

The Community Circle Program is a voluntary program offered to students for low-level, first time alcohol policy violations that occur either on or off campus. Behaviors referred to the Community Circle Program must meet all of the following criteria:

Alcohol possession or consumption (beer, wine, seltzers only; no hard liquor);
No evidence of excessive alcohol possession, use, or intoxication;
No other misconduct involved;
No evidence of endangering health and/or safety;
No evidence of intentional damage to property/vandalism; and
No prior disciplinary history.

Students whose cases meet the criteria above may be offered the opportunity to attend the program, which involves a facilitated conversation with OCS and a small group of fellow students. A student may opt out of participating in the Community Circle Program at any time. If a student opts out, or fails to attend the program when offered, the student’s case will be referred to the formal disciplinary process.

The Community Circle Program is designed for students to learn from past decisions and take healthy steps to avoid such incidents in the future. To further this goal, a student may participate in the Community Circle Program only once in their Miami career.

A student’s participation in the program is kept on file with OCS, but it is not considered a disciplinary matter and therefore will not be noted on the student’s official university disciplinary record. If you violate the Code within 12 months of attending a Community Circle, your participation in the program will be considered as part of sanctioning in the subsequent case, but your participation in the program will not be counted as a prior disciplinary case.

OCS makes all determinations as to whether the Community Circle program is appropriate, on a case by case basis.

Good Samaritan Policy

The health and safety of Miami students is of the utmost importance. As members of the Miami University community, we must all commit to the principles of mutual respect and the common good. Students are expected to exercise personal responsibility for their own health and safety and to look out for the health and safety of their fellow students.

The university recognizes that sometimes concern about arrest and/or university disciplinary action may deter students from seeking medical assistance for themselves or others in drug or alcohol-related emergencies. Whenever anyone’s health and/or safety is or appears to be at risk from drug or alcohol consumption, the best course of action is to seek medical assistance immediately. To encourage and support students in seeking medical attention, Miami University will not take disciplinary action for a violation of Miami’s drug or alcohol policies against students who seek emergency medical assistance for themselves or other students.

This policy applies to students who seek assistance both on campus and off campus by contacting emergency services, residence life staff, or going to a local emergency room.

Students should be aware, however, that this is a Miami policy, not a legal one. Legal action may still be taken by local law enforcement agencies in the event that a violation of law has taken place. Additionally, legal and/or disciplinary action may still be taken for behavior that may violate other laws or other university policies that warrant action (e.g., students who are disruptive or combative, possess a false I.D., commit assault, or do property damage).

The university also recognizes the negative health and safety consequences of the use of dangerous amounts of alcohol or drugs. As a result, students receiving assistance under this policy are required to meet with OCS and will be required to complete an assigned educational course. They may also be required to meet with a university substance abuse specialist for education, assessment, and possible referral for treatment. The student will be responsible for any associated costs. If a student fails to attend the required meeting with OCS or fails to complete any required education or follow-up under this policy, the matter will be referred to the formal disciplinary process.

In the event the student incurs any alcohol violation during the twelve-month period following the Good Samaritan report, the prior assistance file may be reviewed as part of the sanctioning process, but it will not be counted as a prior alcohol offense.

A student may seek assistance for others an unlimited number of times under this Good Samaritan policy. However, a student for whom help is called will avoid disciplinary action under this policy only once; it is an opportunity to learn from a serious mistake and take healthy steps to avoid such mistakes in the future. OCS makes all determinations as to whether the Good Samaritan policy applies in all cases.

Written Warning

A written warning is an official notification that the behavior of the student or student organization has been unacceptable. Authorized staff members of OCS or the Dean of Students Office may issue a written warning with or without a formal notice of complaint or hearing.

2.2.5 Investigations

When a report is received by OCS that alleges a violation of this Code on the part of a student or student organization and more information is needed in order to determine next steps in the student conduct process, an investigation may be initiated. OCS reserves the right to initiate an investigation as a result of any report received. If any case proceeds to an investigation, the case will be assigned to a trained investigator who may be a university staff member or may be an external investigator. This person will serve as a neutral fact finder, and not a decision-maker.

Initiating an Investigation

If an investigation is initiated, all Parties involved will receive notification with minimal delay (to the extent possible) between parties that includes:

A summary of the allegations, and
a description of the investigation process.

Written notification is delivered through a student’s/organization’s official University email account but may also be delivered by one or more of the following methods, as necessary: in person, or mailed to the party’s local or permanent address as indicated in Miami University records. Once mailed, emailed, and/or delivered in person, notice will be presumptively delivered.

Investigation Process

The assigned investigator will conduct interviews with the Complainant, the Respondent, and any relevant third- party witnesses, and will collect and review any other information relevant to the report.

If during the investigation proceedings, additional allegations of violations of the Code of Conduct are raised by either party, the investigator will report these allegations as outlined in the Code.
All investigations are thorough, reliable, impartial, prompt, and procedurally sound. They involve interviewing all available, relevant parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary.
Any investigation will not be impacted by concurrent criminal, civil, or other proceedings.

Investigation Report

Once the formal investigation is completed, the investigator will prepare an investigation report.

The investigator will distribute a draft of the investigation report to the Complainant and the Respondent and will provide the Complainant and the Respondent an opportunity to submit written additions or clarifications to the investigation report.
Once the investigation report is finalized, a final investigation report will be distributed to all parties and the investigator will distribute the documents to OCS to initiate the conduct process.

Timeline

Miami University will make a good faith effort to complete the investigation as promptly as circumstances permit and will communicate regularly with the Parties to update them on the process and timing of the investigation. Investigations can take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, law enforcement involvement, etc. Miami University aims to complete all investigations within thirty (30) business days, which can be extended by the Dean of Students or their designee as necessary.

Chapter Three: Sanctions

OCS fosters student accountability and responsible decision-making by facilitating an understanding of the University’s Code through educational-centered sanctions.

Sanctions may be imposed individually or in combination with one another. Suspension or dismissal may be imposed for a single violation. Multiple violations or additional violations of the Code may result in more severe sanctions.

If found responsible for violation(s) of the Code, sanctions are based on:

Nature and seriousness of the violation;
Harm caused to individuals and/or the community;
Risk of ongoing danger;
Student’s conduct history;
Motivation, if applicable;
Student input,
- when a student actively engages in the conduct process and chooses to mutually resolve, and/or;
- when there is an identified complainant who actively engages in the conduct process.

Any sanction(s) are implemented as soon as feasible once an outcome is finalized, either upon the outcome of any appeal or, when the appeal window is exhausted. The Dean of Students or designee may impose interim measures during the appeal process to ensure the safety and well-being of members of the University community or preservation of University property.

2.3.1 Sanctions Associated with Minor Violations

Sanctions associated with minor violations include, but are not limited to:

Community Service - experiences within the Miami and/or Oxford communities.
Completion of Educational Activities - completion of assigned activities, courses, events, meetings, or programs. The respondent will be responsible for related expenses.
Parent or Guardian Notification - when a student is found responsible for an alcohol and/or drug violation and is also under the age of 21, the University may notify the student’s parents or guardians via mail.
Disciplinary Probation - a definite period of time in which students should demonstrate a willingness and ability to respect and comply with the standards of behavior outlined in the Code and University policies.
Restitution - financial compensation for University resources, loss, damage, and/or injury. Restitution will be charged to the student’s bursar account.
Restrictions - denial of specific privileges for a definite period of time including, but not limited to, parking, computing/email resources, attendance at events, access to facilities, participation in non-academic activities, and interpersonal contact restrictions.

2.3.2 Sanctions Associated with Serious Violations

Sanctions associated with serious violations include any of the sanctions associated with minor violations, and:

University Suspension - Suspension is a sanction that terminates the student’s enrollment for a specified period of time. OCS will determine the effective date of the suspension for a minimum of either fall or spring semester and may also include summer and/or winter term. A student may not be suspended solely for either summer and/or winter term. Conditions for readmission may be specified.
University Dismissal - Dismissal is a sanction that permanently separates the student from the University without any opportunity to re-enroll in the future.
Residence Hall Suspension - Residence Hall Suspension is a sanction that terminates the student’s housing agreement for a specified period of time. OCS will determine the effective date of the suspension for a minimum of either fall or spring semester and may also include summer and/or winter term. A student may not be suspended solely for either summer and/or winter term. Conditions for readmission may be specified.
Residence Hall Dismissal - Residence Hall Dismissal is a sanction that permanently separates the student from University Housing without any opportunity to re-apply in the future.

2.3.3 Conditions of Suspension and Dismissal

A student who has been dismissed or suspended from the University is denied all privileges afforded a student and must vacate campus. Students who are dismissed or suspended may not enter any Miami University campus/or other University property at any time for any reason in the absence of the express written consent of the Dean of Students or designee. To seek such permission, a suspended or dismissed student must file a written request with OCS for entrance for a limited, specific purpose. During the period of suspension or upon dismissal, a student may not attend classes (either in person or online), or participate in University-related activities, whether they occur on or off campus. All assigned educational sanctions must be completed prior to the conclusion of suspension, otherwise the respondent’s ability to re-enroll may be impacted. Presence on campus in violations of sanctions could result in arrest.

Academic credit earned elsewhere during a period of suspension will only be accepted for transfer if the Office of Community Standards determines that the offense did not involve harm to others or destruction of property.. A student who has been suspended must apply for re-enrollment. Incomplete grades may not be removed during periods of suspension or dismissal.

Chapter Four: Appeals

2.4.1 Appeal Process

Following in absentia and/or University Hearing Board outcomes, the respondent, complainant, and OCS have the right to file a written appeal with the Dean of Students or designee (“Appellate Officer”) within five (5) business days of the written decision by the hearing administrator. The Senior Vice President for Student Life or their designee will serve as the Appellate Officer for appeals by student organizations facing suspension or dismissal. The Dean of Students or their designee will serve as the Appellate Officer for all other non-Title IX appeals. All appeal decisions will be made by a different officer than that of the original hearing authority. The appeal should be:

addressed to “The Appellate Officer,”
state the basis for the appeal, and
should include all supporting documents.

Appeals may be filed for the following reasons:

The appellant shows that the consequence doesn't actually fit the situation. For example, the sanction doesn't match what happened, or it feels like a random punishment rather than a way to help you learn and grow from the mistake.
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.

Submitted appeals will be reviewed by a neutral staff member to determine whether the appeal, as written, meets any of the reasons outlined above. If the appeal, as written, fails to meet any of the criteria, it will be denied and the submitting party will be notified. If the appeal, as written, is determined to meet the criteria, it will be forwarded to an Appellate Officer.

All parties will be notified if an appeal is filed and will have five (5) business days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all parties.

2.4.2 Potential Appeal Outcomes

The Appellate Officer will review the appeal in closed session(s). The Appellate Officer, in considering an appeal, shall find the appeal to have merit or not have merit within the parameters set forth below:

If the appeal is found to have no merit, the Appellate Officer shall uphold the decision of the hearing administrator and findings and sanctions will remain as originally assigned.
If the appeal alleges that the sanction was inappropriate and the Appellate Officer finds the sanction to be inappropriate, the Appellate Officer may increase or reduce the sanctions.
If the appeal alleges that there was a defect in procedure or new evidence is presented and the Appellate Officer finds that there was a defect in the procedure or new evidence was presented which was sufficiently substantial to have affected the outcome, the Appellate Officer will order a new hearing. If a new hearing is ordered
- Due to a defect in procedure; the case will be assigned to a new hearing administrator.
- Due to new evidence; the case will be heard by the same hearing administrator.

The Appellate Officer will notify the parties and OCS of its decision within ten (10) business days of the time the Appellate Officer receives the appeal. If the Appellate Officer requires additional time, the Senior Vice President for Student Life, the Dean of Students, or their designee may extend the time limit. The extension shall be in writing and shall include the reason for the extension, and copies shall be forwarded to the parties and OCS.

2.4.3 Decision

The decision of the Appellate Officer is final. The result of any new hearing ordered by the Appellate Officer may be appealed only as detailed in this policy. If a new hearing is ordered with a different hearing administrator, the new hearing will be held before the same type of hearing administrator.

Chapter Five: Advisors, Legal Representation, and Accommodations

2.5.1 Presence of Conduct Advisors

A student or student organization may choose to have up to two (2) Advisors, total, present during any procedure outlined in the Code. Failure to meet the requirements described in this section may result in the loss of the Respondent’s or Complainant’s right to participation of an Advisor in the process.

2.5.2 Advisors

An Advisor is any individual who supports or advises a student, or student organization, during the conduct process, in compliance with this section of the Code. Any student involved in an investigation may invite an individual, or two, to any interview, meeting, hearing, or other part of the process to serve as an Advisor.

Title IX Advisors are governed by federal regulations and are covered separately in the university’s Policy on Sexual Misconduct.

Advisors may confer with the student participant they are advising but may not unreasonably delay, disrupt, or otherwise interfere with the proceedings.
Students are expected to act as their own advocates throughout the disciplinary process. Advisors may be present during all proceedings, but do not address hearing officers or board members directly, speak at hearings, or question witnesses.
Advisors may not be called as a witness.
The Respondent, Complainant, and any witnesses must complete a FERPA Consent Form prior to being accompanied by an Advisor.
- In order for an Advisor to participate in the process, the Respondent or Complainant must provide the hearing administrator with a completed (a) Notice of Participation by an Attorney or Non-Attorney Advisor form, (b) FERPA Release of Information Form.
- These forms must be submitted at least three (3) Days prior to the scheduled meeting or hearing.
The University will attempt to schedule meetings or hearings on dates where the Advisor for a party is available, provided that the party’s Advisor acts reasonably in providing available dates and works collegially to find dates and times that meet all schedules.
- To resolve conduct issues in a reasonably prompt manner, the University cannot agree to extensive delays solely to accommodate the schedule of an Advisor. The determination of what is reasonable shall be made by the Director of OCS or the Dean of Students. The University will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor, and may offer the party the opportunity to obtain a different Advisor.

2.5.3 Legal Representation

Students may choose to hire an attorney as their Advisor, at their own expense, but the attorney’s role is limited to advising. All elements of 2.5.2 Advisor are relevant to an attorney-advisor as well. An attorney representing the University may participate in any process in which an attorney advisor is participating.

2.5.4 Accommodations

Accommodations ensure students with disabilities receive equal access to disciplinary proceedings, as required by the ADA and Section 504. Students must self-identify, provide documentation to the student disability office, and may request adjustments—such as extended deadlines, modified hearings, or technology alternations—during the conduct process.

Key Aspects of Conduct Accommodations:

Process: Students must formally request accommodations through the Miller Center for Student Disability Services (SDS).
Responsibilities: Students are still expected to abide by deadlines and attend meetings, even while accommodations are being arranged.
Disability-Related Behavior: If a code violation is a direct result of a disability, the conduct process should consider this, often focusing sanctions on safety and education rather than purely punitive measures.
Limits: Accommodations cannot require a fundamental alteration of the code of conduct or pose an undue administrative burden.

It is the student's responsibility to proactively request these accommodations in a timely manner.

Chapter Six: Withdrawal During the Conduct Process

Should a respondent be academically dismissed or chooses to withdraw from Miami University before a “1219” or disciplinary action has been resolved, the matter may proceed in the absence of the student.

Chapter Seven: Graduation

All Miami University disciplinary reports against a student must be resolved and sanctions completed before a student is eligible to graduate.

Chapter Eight: Refund Policy

In the event of a suspension or dismissal, the University will follow the regular refund schedule available via the Office of the Bursar website. Housing fees are normally prorated, forfeiting the deposit, in the event of a suspension or dismissal from University housing.

Back to Section Two Top | Back to Table of Contents

Section Three: Student Organization Conduct Process

Chapter One: Hazing

3.1.1 Scope

Hazing is a broad term encompassing a multiplicity of actions and activities that cause or create a substantial risk of causing mental or physical harm to any person, or are taken to humiliate, demean, degrade or disgrace another person.

Hazing especially undermines membership in student organizations or athletic teams by eroding the atmosphere of mutual respect and trust necessary to contribute to the positive personal experience of all members.

Hazing is strictly prohibited by University policy, state law, and federal law.

3.1.2 Examples of Hazing

Examples of activities or situations that meet the definition of hazing include, but are not limited to, the following:

Forcing, requiring, authorizing, or encouraging any person to ingest alcohol, other drugs, food, or any other substance that is spoiled, undesirable, unsafe, or unhealthy.
Any form of paddling, physical abuse, psychological abuse, deception, or shocks.
Morally degrading or humiliating activities, games, or stunts including, but not limited to, the following:
- Throwing anything (food, water, garbage, paint, etc.) at an individual.
- ‘Chairings’ and ‘polings.’
- Deliberately creating a mess and requiring any person to clean up the mess.
- Requiring or encouraging a person to yell when entering or leaving the chapter house or any other location.
- Audible harassment such as yelling and screaming at a person, playing extremely loud music or music which is repeated over and over.
Interfering with an individual’s scholastic pursuits (class attendance, preparation, study time, etc.).
Causing excessive fatigue by any means including calisthenics, or not permitting six (6) hours of continuous sleep each night.
Conducting a new member-related activity between the hours of midnight and 7:00 a.m., or awakening individuals during these hours.
Compelling an individual or group to remain at a certain place or to be transported within or beyond the Oxford City limits (road trips, kidnaps).
Requiring or compelling any person to conduct or participate in quests, treasure hunts, scavenger hunts, paddle hunts, big and little brother or sister hunts.
Requiring any person to “march” in formation.
Requiring a person to carry items that might be cumbersome or embarrassing.
Not permitting a person to talk during an extended period of time.
Requiring nudity at any time.
Requiring an individual to perform personal errands (servitude) or pay for items for other members.
Preventing any person from practicing personal hygiene.
Endorsing or encouraging any person’s participation in any activity that could be considered hazing. Note: The laws of the State of Ohio hold accountable not only the perpetrator of the activity but those present and able to prevent a hazing incident from occurring.

3.1.3 Questions to Ask

While this list is by no means all-encompassing, it should present a clearer view of what hazing is. If you are planning an activity, you may wish to use the following questions, adapted from the Adelphian, as guidelines:

Will the activity achieve one or more of the predetermined goals of your new member program?
Would you be willing to tell your advisor about the activity in advance?
Would you be willing to perform it in front of a University faculty or staff member?
Would you be willing to send a snapshot of the activity to your parents and the parents of the students involved?
Would you be willing to go to court to defend the merit of the activity?

If you are able to answer yes to these questions, then it is likely that the activity is appropriate for your organization, fraternity, or sorority. The Cliff Alexander Office of Fraternity and Sorority Life or the Office of Student Engagement and Activities Office of Student Activities and Leadership should be consulted if questions arise about the appropriateness of an activity.

3.1.4 Reporting Hazing

If you’ve been the victim of a hazing incident or have knowledge of alleged hazing activity, you are required by law to file a report through OCS. OCS, upon receipt of the report, will notify the appropriate law enforcement agency to comply with the law. If you are seeking to report an alleged hazing incident anonymously, you can use EthicsPoint, Miami University’s confidential and anonymous reporting source. In addition to filing a report through one of Miami's two reporting sources, you can call 1-888-NOT-HAZE (1-888-668-4293). The hotline is monitored by a Cincinnati law firm and reports of suspected hazing are relayed to the appropriate national organization that may be involved.

Chapter Two: Organizational Responsibility

3.2.1 Conduct Standards

Student organizations are defined as any university-sponsored program or registered student organization recognized by university, including but not limited to: registered student organizations, fraternity and/or sorority organizations, club sports, intramural sports, intercollegiate athletics, student government.

3.2.2 Considerations for Student Organizations

Student organizations are expected to take active steps to prevent misconduct and address concerns within their community. All sections of the Code apply to student organizations. Additionally, the following information applies to student organizations:

Student organizations may face formal alleged violations of the Code without regard to whether members of such groups or organizations are individually alleged with violations arising from the same occurrences.
Student organizations, along with its officers, leaders, or any identifiable spokespersons, may be held collectively or individually responsible if members of the group are found to have violated the Code.

To determine whether a violation applies to the student organization, the University will consider several factors, including, but not limited to:

Whether the student organization’s funds were used for any event where the alleged violation may have occurred.
Whether the violation took place during an activity sponsored or sanctioned by the student organization.
Whether the location of the alleged violation is commonly associated with the student organization.
Whether the conduct appears to be part of an ongoing pattern that has not been addressed by the student organization’s leadership.
Whether multiple members of the student organization engaged in the behavior together, and/or whether the student organization members were publicly identifiable as representing the student organization at the time of the misconduct.

3.2.3 Notification

The Director of OCS or designee will notify the president or designee of the student organization if allegation(s) are going to be formally investigated. A designee for the student organization is the individual the Dean of Students or designee deems most appropriate to communicate with regarding the allegation(s). It is the responsibility of the president or designee to communicate the notice to the student organization’s members and advisors. It is recommended the president or designee forward the original notice to the members and advisors, or otherwise distribute the notice, so all members are aware of the issue. This form of group communication is permitted to student organizations that are on an interim suspension.

It is the responsibility of the president or designee of the student organization to determine whether to enter a mutual resolution or go to a hearing on behalf of the student organization. The president or designee of the student organization would be the Respondent if the determination was made for the student organization to participate in a hearing, and would follow the same hearing procedures outlined in chapter two.

Chapter Three: Organizational Sanctions

3.3.1 Sanctions

*Organizations that are on probation or who have their recognition suspended or revoked are not eligible for the second year housing exemption.

Sanctions that may be imposed on student organizations, include but are not limited to:

Any Sanctions Outlined in Section Two, Chapter Three: “Sanctions”
Recognition Probation: is given for a specific period of time. Further violations of the Code during the probationary period may result in recognition suspension or revocation. During the period of recognition probation, the student organization is not considered in good conduct standing with the University. The student organization may seek and add members during this probationary period and may host other activities unless otherwise specified*.
Recognition Suspension: is the removal of University recognition for the student organization for a specific period of time. During the Recognition suspension, the student organization is not considered in good conduct standing with the University. While under suspension, the student group may not seek or add members, hold or sponsor events in the University community, or sponsor or attend any events*.
Recognition Revocation: is the permanent removal of University recognition for an organization. Recognition revocation means the student organization at the University, participate in University programs, or utilize University facilities or services*.
Restrictions: denial of specified privileges for a designated period of time including, but not limited to, attendance at events, access to facilities, participation in non-academic activities, and interpersonal contact restrictions.
Suspension of Activities including but not limited to:
- Exclusion from intramural competition;
- Denial of use of University facilities for meetings or activities;
- Suspension of new member education, recruitment, and/or intake process; and/or,
- Loss of social privileges for no less than one month. The student organization may not sponsor any activity, party, or function that is social in nature during the suspension.
Restitution of expenses incurred:
- For providing educational programs or other educational experiences related to the violation(s); and/or,
- For losses to the University

3.3.2 Minimum Sanctions for Student Organization Violations of Alcohol, Drug, and/or Hazing Policies

Minimum sanctions will be imposed upon a student organization found responsible for violations of alcohol, drug, and/or hazing policies. Imposing a minimum sanction does not preclude the imposition of more severe sanctions.

Sanctions for Alcohol and Drug Violations by Student Organizations

Minimum Sanctions:

First Offense: The minimum penalty for a first offense is required attendance of members of the organization at a two-hour substance abuse program designed to remind organization members of their civil and legal responsibilities as well as the personal and organizational implications of alcohol and other substance Programs, which must be pre-approved by OCS. Attendance requirements will be established by OCS.
Second Offense: No less than two semesters of recognition probation and one or more of the following sanctions:
- No events with alcohol for a time period to be specified by OCS;
- Evidence of a risk management plan for organization sponsored events—if applicable, provide proof of national organization involvement in the development of or approval of the risk management plan;
- Denial of the ability to host events for a time period to be specified by OCS;
- Additional substance abuse education as specified by OCS;
- Restriction of access to University controlled space or resources;
- Community service approved by OCS;
- Required meeting(s) with an appropriate University official; or
- Restriction from participation in University-sponsored events;
- Similar sanctions designed to address the specific incident that took place.
Third Offense: Suspension or permanent revocation of recognition from the University.

Permanent revocation of recognition is a possible sanction for a first offense in cases where students were harmed due to hazing or the use of drugs or alcohol at an organizational event.

If the incident for which the organization is found responsible for a violation of alcohol or drug policy involves a risk to the health or safety of any person, the severity of the sanctions may be increased regardless of the organization’s disciplinary history. If at least three calendar years have elapsed from the date of the last incident, a prior offense will be considered in determining the sanction, but does not require the imposition of the minimum sanction.

Sanctions for Organizational Hazing Violations

Minimum Sanctions

First Offense: the minimum sanctions for a first offense shall include at least two of the following sanctions:

Evidence of a risk management plan for organization-sponsored events; if applicable, provide proof of national organization involvement in the development of or approval of the risk management plan;
Education as specified by OCS;
Restriction of access to University controlled space and resources;
Suspension for a minimum of five years, in cases where it has been determined that student health or safety was at risk due to hazing;
Disciplinary probation for a period of no less than two semesters; or
Any other sanctions permitted under the "Sanctions" section.

Permanent revocation of recognition is a possible sanction for a first offense in cases where students were harmed due to hazing or the use of drugs or alcohol at an organizational event.

Second Offense: the minimum sanction for a second offense is revocation of recognition from the University for a period to be determined by OCS.

If at least three calendar years have elapsed from the date of the last incident, a prior offense will be considered in determining the sanction, but does not require the imposition of the minimum sanction.

Back to Section Three Top | Back to Table of Contents

Section Four: Interim and Administrative Measures

Chapter One: Interim Suspension

The Dean of Students or designee may impose an immediate Interim Suspension if they have reasonable cause to believe that a student's or student organization's continued presence creates an immediate and significant risk of substantial harm to the safety or security of:

Themselves (the student/organization members);
Others; or
University property.

This interim suspension immediately removes the student or organization from all or any portion of University premises, University-related activities, or registered student organization activities. This temporary suspension will be confirmed in a written statement and remains in effect until the conclusion of the disciplinary process.

A student or student organization may petition the Dean of Students or designee for reinstatement within three (3) University business days of the suspension being imposed.

The petition must be in writing and include supporting documentation or evidence that shows the student or organization does not pose, or no longer poses, a significant risk of substantial harm. The Dean of Students or designee will issue a decision on the petition without undue delay.

Chapter Two: Mutual No Contact Directives

The Dean of Students or designee may direct a student to have no contact with another individual for a specified period. No Contact Directives are issued when, in the judgment of the Dean of Students or designee, there is reason to believe that a directive would be in the best interest of the parties and/or the community for maintaining safety. Such situations include, but are not limited to: harassment, threats, physical assault, stalking, domestic violence, dating violence, retaliation or other behaviors as indicated in the Code. No Contact Directives will typically be issued as mutual and time-limited, meaning both parties involved are subject to the same restrictions for a specified period of time. No Contact Directives prohibit all forms of communication between designated students; direct or indirect, written, electronic, through a third party, or social media. Should a student fail to comply with a Mutual No Contact Directive, the student may be subject to disciplinary action for violating the Code.

Mutual No Contact Directives are distinct and different from court-imposed restraining orders or protective orders as they only apply to enrolled students. A Mutual No Contact Directive is a University action and is not recognized by city, county or state law as a legal action. If a student wishes to pursue a civil protection order, they must make the request through an appropriate court.

A Mutual No Contact Directive may be requested at any time through the Office of the Dean of Students; however, it will only be issued after a formal request is filed through the Office of the Dean of Students, OCS, the Title IX Coordinator, or the Deputy Title IX Coordinator. Modification requests will be considered when submitted through the Office of the Dean of Students and accompanied by evidence to support the request.

Chapter Three: 1219 Offenses

The Ohio Revised Code enumerates the following offenses of violence. Students arrested for any of these offenses may be subject to “1219” proceedings, as outlined in Section One, Chapter Five:

2903.01 – Aggravated Murder
2903.02 – Murder
2903.03 – Voluntary Manslaughter
2903.04 – Involuntary Manslaughter
2903.11 – Felonious Assault
2903.12 – Aggravated Assault
2903.13 – Assault
2903.15 – Permitting Child Abuse
2903.18 – Strangulation
2903.21 – Aggravated Menacing
2903.211 – Menacing by Stalking
2903.22 – Menacing
2905.01 – Kidnapping
2905.02 – Abduction
2905.11 – Extortion
2905.32 – Trafficking in Persons
2907.02 – Rape
2907.03 – Sexual Battery
2907.05 – Gross Sexual Imposition
2909.02 – Aggravated Arson
2909.03 – Arson
2909.24 – Terrorism
2911.01 – Aggravated Robbery
2911.02 – Robbery
2911.11 – Aggravated Burglary
2917.01 – Inciting to Violence
2917.02 – Aggravated Riot
2917.03 – Riot
2917.31 – Inducing Panic
2917.321 – Swatting
2919.25 – Domestic Violence
2921.03 – Intimidation
2921.04 – Intimidation of Crime Victim or Witness
2921.34 – Escape
2923.161 – Improperly Discharging Firearm at or into Habitation or School Safety Zone
Division (A)(1) of section 2903.34
Division (A)(1), (2), or (3) of Section 2911.12 – Burglary
Division (B)(1), (2), (3), or (4) of Section 2919.22 of the Revised Code – Endangering Children

Chapter Four: Administrative Fee

Any student or student organization that is found responsible for violating the Code of Student Conduct will be assessed an administrative fee of $50 per incident. If a student experiences undue hardship or burden as a result of this fee, they may contact the Director of the Office of Community Standards to request assistance.

Back to Section Four Top | Back to Table of Contents

Section Five: Sexual Misconduct Protocol for Students

Policy and procedure for Sexual Misconduct Protocol cases.

Section Six: Prohibiting Harassment and Discrimination

Policy and procedure for Harassment and Discrimination cases.

Section Seven: Disciplinary Records

Chapter One: Disciplinary Records

OCS is responsible for maintaining student disciplinary records. Disciplinary records are kept confidential to the extent permitted by law.

Records of disciplinary actions not resulting in sanctions of suspension or dismissal are maintained by OCS for seven years following the date the finding is made.

Records of disciplinary actions resulting in a sanction of suspension or dismissal are maintained indefinitely by OCS. A notation of suspension or dismissal is reflected on the student’s official University academic record (transcript) maintained by the Office of the University Registrar.

A request to expunge a record may be made in accordance with the “Requests to Expunge Disciplinary Records” section below.

Chapter Two: Release of Disciplinary Records

The Clery Act and the Family Educational Rights and Privacy Act (FERPA), permit universities to disclose certain disciplinary information.

Conditions for Disclosure

Personally identifiable information will not be released from an education record without the prior written consent of the student, except under one or more of the conditions listed below.

The disclosure is to University officials with legitimate educational interests. A University official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. A University official is any of the following:
- A person employed by the University in an administrative, supervisory, academic, research or support staff position (including law enforcement personnel and health services staff).
- A person or company with whom the University has contracted (such as an attorney or auditor or collection agent).
- A person serving on the Board of Trustees.
- A student serving on an official committee such as a disciplinary board or grievance committee or assisting another University official in performing his or her tasks.
- The disclosure is to officials of another school where the student seeks or intends to enroll.
- The disclosure is to the Comptroller General, The Secretary of Education, state educational authorities or authorized representatives of the Attorney General for law enforcement purposes.’
- The disclosure is in connection with financial aid for which the student has applied or which the student has received to determine eligibility for aid, the amount of aid, the conditions of aid or enforcement of the terms and conditions of aid.
- The disclosure is to organizations conducting studies for or on behalf of educational agencies or institutions.
- The disclosure is to accrediting organizations to carry out accrediting functions.
- The disclosure is to the parent(s) of a dependent student, as defined by Section 152 of the Internal Revenue Code.
- The disclosure is to comply with a judicial order or a lawfully issued subpoena. The University will make a reasonable effort to notify the student of the order or subpoena in advance of compliance, unless the subpoena is a federal grand jury subpoena or other subpoena issued for law enforcement purposes and directed otherwise.
- The disclosure is in connection with a health or safety emergency if necessary to protect the health or safety of the student or other individuals.
- The disclosure is to a parent or legal guardian of a student under the age of 21 of information regarding any violation of any federal, state, or local law or of any rule or policy of the University governing the use or possession of alcohol or a controlled substance if the University has determined that the student has committed a disciplinary violation with respect to such use or possession.
- The disclosure is of the final results of any disciplinary proceeding conducted by the University against a student who is an alleged perpetrator of any crime of violence (as that term is defined in section 16 of title 18, United States Code) or a non-forcible sex offense, if the University determines as a result of the disciplinary proceeding that the student committed a violation of the institution’s rules or policies with respect to such crime or offense. The information shall include only the name of the student, the violation committed and any sanctions imposed by the University on the student. The University may include the name of any other student such as a victim or witness, only with the written consent of that other student. The University will notify victims of sexual assault of the outcome of any disciplinary proceeding against the alleged perpetrator.

Additional Rules of Disclosure

A record of any disclosures made will be maintained and the student is entitled to inspect and review that record. Confidential information will be transferred to a third party only on the condition that such party will not permit any other party to have access to such information without the written consent of the student. No person, agency, or organization other than those identified in this section (“Disclosure of Information”) will have access to such records before indicating in writing the legitimate educational or other interest of the person, agency, or organization. Such record shall be kept with the student’s file and shall be open to inspection only by the student, the responsible administrator and his or her staff, and persons specifically authorized by law. No notation is required for access by University employees in the normal course of their duties.

Chapter Three: Requests to Expunge Disciplinary Records

At any time after seven years from the date of the decision letter being issued in which a sanction of suspension was imposed, a student or former student may petition the Dean of Students or designee to have their disciplinary record expunged. Alternatively, if a student withdraws from Miami University while an investigation or adjudication process is active, and seven or more years have passed since the initial incident, the former student may petition the Dean of Students or designee to have their disciplinary record of the investigation and/or hearing expunged.

The decision to expunge will be based on the severity of the violation(s), the person’s disciplinary record as a whole, and evidence of good behavior since the violation(s). If the student’s disciplinary record is expunged, any notation of a disciplinary suspension will be removed from the official academic record maintained by the Office of the University Registrar.

A student who has been dismissed from the University may not request to have their record expunged. However, the Vice President for Student Life has authority to expunge the record and remove the notation in extraordinary circumstances, seven years following the date the finding was made.

Back to Section Five Top | Back to Table of Contents

Section Eight: Definitions

Advisor: An attorney or non-attorney who supports a student, student group, or student organization during the conduct process. This includes helping or offering emotional support during meetings, investigations, and hearings.

Alleged Violation: A potential violation of the Code reported to the University that may lead to charges, an investigation, or conduct proceeding.

Clery Act: A federal law that requires colleges and universities to report certain crimes on or near campus and to share safety information with the campus community.

Complainant: A person reported to be the victim of conduct that may violate the Code. The University may proceed with a complaint without the complainant’s involvement, based on reliable information.

Conduct Proceeding: Any part of the conduct process, including investigations, meetings, or hearings.

Day: A business day when the University is officially open.

Dismissal: The permanent dismissal of a student from Miami University.

Hearing Administrator: A student, faculty, or staff member appointed by the University to determine if a Code violation occurred and, if needed, assign sanctions.

Member of the University Community: Any student, faculty member, staff member, volunteer, employee, or visitor of the University.

Minor Violation: A conduct violation that does not carry the possibility of suspension or dismissal.

Not Responsible: A finding that a student has not violated the Code, based on the preponderance of the evidence.

Possession: Physically holding or having control over an item, or having control over a space where the item is found. Being in control of a space creates a presumption of possession of items in that space.

Reporting Party: Any person, group, or organization that reports information to the University.

Resolution: The outcome of a hearing, including a decision about responsibility and any related sanctions, based on the “more likely than not” (preponderance) standard.

Respondent: A person who has been reported as possibly violating the Code.

Responsible: A finding that a student violated the Code, based on the preponderance of the evidence.

University Hearing Board (Board): A group of trained individuals who come together hear conduct cases, determine an outcome, and recommend sanctions.

Sanction: An educational action assigned when a student is found responsible for a violation.

Serious Violation: A conduct violation that may result in suspension or dismissal.

Suspension: A temporary termination of the student’s enrollment for a specified period of time.

Title VI of the Civil Rights Act of 1964: a federal law that prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives federal financial assistance.

Title IX of the Education Amendments of 1972: ensures that no person is excluded from participation, denied benefits, or subjected to discrimination based on sex.

University Facilities: Any property owned, rented, or controlled by the University, including nearby sidewalks and streets.

University Official: Anyone employed by the University and authorized to perform professional or administrative tasks. This includes faculty, staff, student employees, and officers.

Back to Table of Contents

Section Nine: Code Review and Revisions

The Code is reviewed annually to determine revisions that are in the best interest of the University community. The University reserves the right to review and amend the Code at any time.

Policy Administration

Next Review Date

Spring 2027

Responsible Officers

Director, Office of Community Standards

Dean of Students

Recent Revision History

July 1, 2026

Reviewers

Senior Vice President, Student Life

Student Life Council

Office of General Counsel

Related Form(s)

Not applicable.

Additional Resources and Procedures

Not applicable.

FAQ

Not Applicable.

Legal Authority

Not Applicable.

Compliance Policy

Yes

Revision History

Amended July 2022; Amended July 2023; Amended July 2024; Amended August 2024; Amended July 2025

Reference ID

Student Handbook 2.0

Back to Table of Contents