(1) Brief adjudicative proceedings shall be
conducted by a conduct review officer. The conduct review officer shall not
participate in any case in which he or she is a complainant or witness, or in
which they have direct or personal interest, prejudice, or bias, or in which
they have acted previously in an advisory capacity.
The parties to a brief adjudicative
proceeding are the respondent, the student conduct officer, and in cases
involving sexual misconduct, the complainant. Before taking action, the conduct
review officer shall conduct an informal hearing and provide each party:
(a) An opportunity to be informed of the
agency's view of the matter; and
(b) An opportunity to explain the party's
view of the matter.
The conduct review officer shall serve an initial decision upon both the
parties within ten days of consideration of the appeal. The initial decision
shall contain a brief written statement of the reasons for the decision and
information about how to seek administrative review of the initial decision. If
no request for review is filed within ten days of service of the initial
decision, the initial decision shall be deemed the final decision.
(4) In cases involving allegations of sexual
misconduct, the conduct review officer, on the same date as the initial
decision is served on the respondent, will serve a written notice upon the
complainant informing the complainant whether the allegations of sexual
misconduct were found to have merit and describing any disciplinary sanctions
and/or conditions imposed upon the respondent for the complainant's protection.
The notice will also inform the complainant of their appeal rights.
(5) If the conduct review officer upon review
determines that the respondent's conduct may warrant imposition of a
disciplinary suspension of more than ten instructional days or expulsion, the
matter shall be referred to the student conduct committee for a disciplinary