(1) An initial decision is subject to review
by the president, provided the respondent files a written request for review
with the conduct review officer within ten days of service of the initial
(2) The president 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.
(3) During the review, the president shall
give each party an opportunity to file written responses explaining their view
of the matter and shall make any inquiries necessary to ascertain whether the
sanctions should be modified or whether the proceedings should be referred to
the student conduct committee for a formal adjudicative hearing.
(4) The decision on review must be in writing
and must include a brief statement of the reasons for the decision and must be
served on the parties within twenty days of the initial decision or of the
request for review, whichever is later. The decision on review will contain a
notice that judicial review may be available. A request for review may be
deemed to have been denied if the president does not make a disposition of the
matter within twenty days after the request is submitted.
(5) If the president 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
(6) In cases involving
allegations of sexual misconduct, the president, on the same date as the final
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,
including suspension or dismissal of the respondent. The notice will also
inform the complainant of their appeal rights.