Adelphi University Incident Stages and Conduct Progression

• Title IX
• Conduct Staff
• Public Safety
• Residence Life Staff

University Staff will ensure that the proper staff (for example Title IX and Sexual Respect, Public Safety, Residential Life and Housing, Professional Colleges, Student Access Office, Vice President of Student Affairs, Counseling Center, etc.) and entities are notified and address any immediate life safety matters with the incident.

• Proper incident report form completed
  • The report will contain information about the observed actions and behaviors of all involved parties
  • Assess involvement (Public Safety, Title IX, Residence Life and Housing, Athletics, Local Police, Professional Schools, etc.)
  • Assess Risk to Community
• Secure information
  • Capture any information or images on a secondary device

• Title IX
• Conduct Staff
• Registrar

• Notice of Possible Violation letter sent with notification to the accused student
• Interim restrictions sent with notification to the accused student (if necessary)
• Assess which policies apply
• Schedule meetings with all parties
  • Rights and responsibilities of all parties and the university
  • A candid and honest discussion of the incident
• Resolution options
  • Resolution Meeting
    • One on one candid and honest discussion with the Student Conduct Officer
    • A determination of responsibility and sanctions (if applicable) (during or after the meeting)
  • Formal Hearing
    • For more information see next sections
  • Informal Resolution (at the discretion of Student Conduct Officer in consultation with the involved parties)
    • One on one candid and honest discussion with the Student Conduct Officer

• Title IX
• Conduct Staff
• Public Safety
• Hearing Board

• Use same for both (live and live, phone and phone)

• Accommodation requests when reasonable and approved by the Student Access Office
• Advisors, witnesses, etc.

• Appearance can be casual
• Procedural Requirements
  • Witnesses are only present when they are giving information
  • Witnesses may be asked clarifying questions by all parties

• Hearing Body is expected to review the case prior to the hearing to provide efficiency and immediate discussion of the particulars
• Consider conflicts of interest – ensure hearing officers and board members have no conflict of interest or commitment

• Redacted as appropriate and shared
• The deadline for submission should be included in the Student Code of Conduct (exceptions can be made at the discretion of the Student Conduct Officer)
• Witness lists shared
• Equitable access for reporting individual and respondent

• Notice of Hearing Date, Time, and Location to all Parties

• Physical set-up considerations:

The graphic depicts the position of involved parties during an in-person hearing. This includes the hearing board members, the presiding person, the reporting and responding parties, faculty advocates and witnesses.

• Conduct Staff
• Public Safety
• Hearing Board

• Both parties have the same opportunities throughout the hearing
• Relevancy is determined by the hearing board

• Access to full and fair record for 7 years

• Introductions and hearing instructions are read
• Impartiality check
• Both parties have the opportunity to make opening statements starting with the reporting party
• Reporting party presents information
• Hearing board and responding individual have the opportunity to ask relevant questions to the reporting party
• Responding party presents information
• Hearing board and reporting individual have the opportunity to ask relevant questions to the responding party
• Hearing board calls in relevant witnesses
• Witnesses make introductions and share relevant information
• Hearing board, reporting party, and responding party have the opportunity to ask questions
• Once all questions have been answered and information has been shared the Witness is asked to leave
• Hearing board asks any final questions to appropriate parties
• Both parties have the opportunity to make a closing statement starting with the reporting party
• Final instructions are read, recording is stopped, hearing is closed

• Evidence Reviewed Thoughtfully
  • Thoughtfully weigh testimony and evidence
  • Digital evidence considerations
• Decision Making Process
• Full rationale for each determination
• Information on the appeals process also afforded to both parties as required by Due Process

• Prior conduct record reviewed
• Sanctions determined

• Conduct Staff
• Appeals Board

• Procedural error
• New evidence
• Disproportionate sanction

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Remember, each party should have the same time to appeal. If one party appeals, that does not extend the time for the other party.

• Title IX
• Conduct Staff
• Public Safety
• Residence Life Staff
• Registrar

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The health and safety of every student at Adelphi University are of utmost importance. The University recognizes that students who have been drinking alcohol and/or using drugs (whether such use is voluntary or involuntary) at the time violence occurs, including but not limited to domestic violence, dating violence, stalking, or sexual assault, may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Adelphi University strongly encourages students to report domestic violence, dating violence, stalking, sexual assault, and other violence to University officials. A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking, sexual assault, and other violence to University officials or law enforcement will not be subject to the University’s Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, sexual assault, and/or other violence.

Adelphi University maintains a policy of amnesty for students who attempt to seek help for themselves and/or other students or nonstudents in need of medical attention or facing a safety risk. The director of Student Conduct and Community Standards or designee shall determine if a student or student organization is eligible for amnesty under this provision.

A student or the president of a student organization must attend the resolution meeting in order to request amnesty. If a student’s or student organization’s actions furthered or facilitated the safety risk, amnesty may not be granted.

Amnesty aims to remove the barriers that may prevent an individual from reporting an incident of sexual misconduct. If an individual reports an incident of sexual misconduct in good faith, the reporting party will not receive disciplinary action for a separate university policy violation, such as underage drinking, that is revealed in the course of the report. However, if the separate violation was egregious, including but not limited to an action that places the health or safety of any other person at risk, amnesty may be not afforded.* (Adopted, with permission from Northern Illinois University)

1. Make a report to the local law enforcement and/or the state police;
2. Have disclosures of sexual assault, dating violence, domestic violence and stalking treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the University disciplinary process and/or criminal justice process free from pressure from the University;
4. Participate in a process that is fair, impartial and provides adequate notice and meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the University courteous, fair and respectful health care and counseling services where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations were committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few University representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the University, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the University;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an adviser of choice who may assist and advise a reporting individual, accused or respondent throughout the University disciplinary proceedings including all meetings and hearings related to such proceedings;
11. Exercise civil rights and the practice of religion without interference by the investigative, criminal justice or disciplinary proceedings of the University.