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Student Conduct Process

Selection of Decisionmakers

The Student Conduct Administrator shall undertake reasonable efforts to ensure that Hearing Officers and members of a Hearing Panel have received adequate training on conducting a fair Hearing under this Code, free of bias and inappropriate presumptions.

Administrative Actions

1. Supportive Measures15

a. The University may, at any time, provide one or more individualized services to a Party that is non-disciplinary, nonpunitive, reasonably available, and without fee or charge to the Party.

b. An individualized service offered to a Party shall be designed to restore or preserve equal access to the University’s education programs or activities without unreasonably burdening the other Party.16

c. An individualized service offered to a Party may be designed to protect the safety of all involved Parties or the University’s educational environment, which may include, without limitation:17

i. Counseling;

ii. Extension of deadlines or other course-related adjustments;

iii. Campus escort services;

iv. Mutual restrictions on contact between Parties

v. Modification of class schedules or housing locations;

vi. Increased security and monitoring of areas o the University’s campus; and

vii. Other similar services.

d. Supportive Measures that burden a Respondent may be imposed only during the pendency of the disciplinary proceedings under this Code, and they must be terminated at the conclusion of those proceedings. These measures must be no more restrictive of the Respondent than is necessary to restore or preserve the Complainant’s access to the University’s education program or activity. The University shall not impose such measures for punitive or disciplinary reasons.

e. For Supportive Measures other than those that burden a Respondent, the University may, as appropriate, modify or terminate Supportive Measures at the conclusion of the disciplinary proceedings or at the conclusion of the informal resolution process, or the University may continue them beyond that point.

f. A Complainant or Respondent affected by a decision to provide, deny, modify, or terminate Supportive Measures may seek modification or reversal of the decision by appealing the matter to the Dean of Students or designee within 3 business days of the Student Conduct Administrator’s decision. If the supportive measure burdens the Respondent, the initial opportunity to seek modification or reversal of the University’s decision must be provided before the measure is imposed or, if necessary under the circumstances, as soon as possible after the measure has taken effect. The Complainant and Respondent affected by a supportive measure may also seek additional modification or termination of such supportive measure if the circumstances have changed materially.

g. The University will not disclose information about any supportive measure to persons other than the Complainant or Respondent unless necessary to provide the supportive measure. The University may inform a Party of Supportive Measures provided to or imposed on another Party only if necessary to restore or preserve that Party’s access to the education program or activity.

2. Emergency Removal

a. The University may remove a Respondent from its programs or activities on an emergency basis if the University.18

i. Undertakes an individualized safety and risk analysis;

ii. Determines that an immediate threat or the safety of a Student or another individual arising from the allegations of misconduct justifies removal of the accused Student; and

iii. Provides the accused Student with notice and an opportunity to challenge the decision immediately following his or her removal.

b. Within 24 hours of the emergency removal, the University shall provide written notice to the accused Student that explains the University’s reasons for removing the accused Student on an emergency basis.19

c. Within 3 business days of the written notice, unless otherwise waived by the removed Student, the University shall convene an interim Hearing before a Student Conduct Administrator to determine whether there is substantial evidence that the removed Respondent poses a risk to the health or safety of any Student or other individual and that the emergency removal of the accused Student is appropriate to mitigate the risk.20

d. At the interim Hearing, the removed Student and the accusing Student may be represented by an attorney or a non-attorney advocate who may fully participate to the same extent as in a Hearing to determine responsibility.21

e. An accused Student’s waiver of his or her right to be represented by an attorney or a non-attorney advocate shall not constitute an admission of guilt or waiver of additional rights under the Code.22

f. The decision following the interim Hearing is subject to appeal to the Dean of Students or designee within 3 business days after the decision. The decision may remain in effect during the pendency of the appeal.

g. The emergency-removal decision shall remain in effect until a final decision has been made on the pending Complaint or until the Student Conduct Administrator determines that the reason for imposing the emergency-removal decision no longer exists. The decision shall be immediately withdrawn if the Respondent is found not responsible for the charged offense in a final, unappealable decision.

15 Ark. Code Ann. § 6-60-1405(a)(1) The Arkansas statute uses the term “interim measures,” whereas the federal regulation uses the term “supportive measures” to describe the same concept.

16 Ark. Code Ann. § 6-60-1405(a)(2)(A)

17 Ark. Code Ann. § 6-60-1405(a)(2)(B)

18 Ark. Code Ann. § 6-60-1405(b)(1)

19 Ark. Code Ann. § 6-60-1405(b)(2)(A)

20 Ark. Code Ann. § 6-60-1405(b)(2)(B)(i)

21 Ark. Code Ann. § 6-60-1405(b)(2)(B)(ii)(a)

22 Ark. Code Ann. § 6-60-1405(b)(2)(B)(ii)(b)

Student Code Rights and Responsibilities in Misconduct Proceedings

1. Equal Treatment. The University shall treat the Complainant and Respondent equitably.

2. Notice. A Party whose participation is invited or expected shall receive written notice of the date, time, location, participants, and purpose of all meetings, investigative interviews, or Hearings with sufficient time for the Party to prepare to participate.

3. Access to Administrative File

a.The University shall maintain an Administrative File of all disciplinary proceedings.23

b. The Parties may have reasonable continuing access to the Administrative File24 and the ability to review all documents and evidence in the Administrative File by contacting the Student Conduct Administrator to schedule a reasonable date and time for the inspection.

c. Individual portions of the Administrative File shall be redacted if confidentiality of the evidence is required by law 25

4. Presumption of Innocence. Respondents are presumed innocent. They shall not be deemed guilty of a violation of the Code until (1) a Student or Student organization acknowledges the responsibility of a violation of the Code or (2) the conclusion of all disciplinary proceedings during which an institution has established every element of an alleged violation by the Student or Student organization 26

5. Notice of allegations. The Respondent shall be afforded sufficient notice of the allegations to enable a meaningful response. The specific notice requirements are described in Section 11.

6. Consideration of Evidence. The University shall make good-faith efforts to include relevant evidence and exclude evidence that is neither relevant nor probative.27 The University will not, however, follow formal rules of evidence or other rules of court.28 An objective evaluation of the evidence must include both inculpatory and exculpatory evidence, and credibility determinations must not be based on a person’s status as a Complainant, Respondent, or witness. However, all evidence (including relevant evidence) of the following types will be excluded, and evidence seeking that evidence will be disallowed as impermissible (i.e., not accessed, considered, disclosed, or otherwise used):

a.Evidence that is protected under a privilege as recognized by federal or state law, unless the person holding such a privilege has waived the privilege voluntarily in a manner permitted in Arkansas;

b. The University’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party, unless the University obtains the Party’s voluntary, written consent for use in the University’s disciplinary proceedings;

c. Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is offered to prove consent with evidence concerning specific incidents of the Complainant’s prior sexual conduct with the Respondent. The fact of prior consensual sexual conduct between the Complainant and Respondent does not demonstrate or imply the Complainant’s consent to the alleged sex-based harassment or preclude a determination that sex-based harassment occurred.

7. Right to Appeal. A Party may appeal an adverse decision regarding a finding of responsibility to the Dean of Students or designee29, and the decision on appeal shall serve as the final institutional decision on the matter.30

8. Standard and Burden of Proof. The burden is on the University on the Parties to conduct an investigation that gathers sufficient evidence to determine whether a violation occurred. The decisionmaker shall not find the Respondent responsible unless the preponderance of the evidence establishes each element of the offense. The decisionmaker shall evaluate relevant evidence for its persuasiveness; if the decisionmaker is not persuaded under the foregoing standard by the evidence that a violation occurred, whatever the quantity of the evidence is, the decisionmaker should not determine that a violation occurred.

9. Obligation to Provide Truthful Information. Parties and witnesses shall, to the best of their abilities, provide truthful and accurate information in their written submissions and during investigatory interviews and Hearings.

10. No Retaliation. A Party shall not be subjected to retaliation because he or she exercised the Party’s rights under the Code.

11. Weapons. Individuals may not carry a concealed handgun into any disciplinary Hearing, provided that they have been notified at least 24 hours prior to the Hearing, the meeting will last no longer than 9 hours, and the meeting space has been marked with appropriate signage.31

12. No Conflicts or Bias. The Student Conduct Administrator shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent. A Party may raise a concern regarding a potential conflict or bias with the Dean of Students.

13. Extensions of Time. The Parties may obtain reasonable extensions of timeframes on a case-by-case basis for good cause with written notice to the Parties that includes the reasons for the delay.

14. Role of University Counsel. At all stages of the proceedings, a Student Conduct Administrator, Hearing Officer, member of a Hearing Panel, or other administrators may seek advice from the University’s Office of General Counsel on questions of law, policy, and procedure. An attorney from the General Counsel’s Office may attend proceedings for the purpose of giving such advice.

15. Additional Rights in Cases Involving Non-Academic Violations with the Possibility of Expulsion or Suspension from the University

a. The Parties shall have an equal opportunity to present relevant fact witnesses and other inculpatory and exculpatory evidence. The process shall enable the decision maker to adequately assess the credibility of the Parties and witnesses to the extent credibility is both in dispute and relevant to evaluating one or more allegations.

b. The University shall advise a Party he or she may seek representation by an attorney. Additionally, a Party has have a right to be present and advised by an attorney or non-attorney advisor during the Party’s investigatory interview, the Hearing to determine responsibility,32 and the appeal.33 The advisor may fully participate in the proceedings.34 A Party may be represented by an advisor until the conclusion of the appellate process.35 The following principles also apply to advisors:

i. An advisor may provide discreet advice to the represented Party during an investigatory interview but may not interfere with the information-gathering process.

ii. In cases that do not involve allegations of Sex-based Harassment, the University is not responsible for selecting, training, or arranging for the participation of advisors or for paying a Party’s advising costs.

iii. The Hearing Officer or Chair of the Hearing Panel may disallow the attendance of a particular advisor if, in the discretion of the Hearing Officer or Chair, such person’s presence becomes disruptive or obstructive to the process. Advisors will not be permitted to question a witness in an abusive or threatening manner.

c. Both Parties shall receive a written notification of the decision within a reasonable period of time after the Hearing.

d. The Parties shall have the right for the disciplinary proceedings to be carried out free from conflicts of interest by ensuring that there is no comingling of administrative or adjudicative roles.37 During the disciplinary proceedings, there shall be no commingling of the roles of (1) attorney or non-attorney advisor, (2) investigator, (3) adjudicator38, and (4) appellate adjudicator. The investigator may, however, present evidence at a Hearing.39

23 Ark. Code Ann. § 6-60-1404(b)(1)

24 Ark Code Ann. § 6-60-1404(c)(1)(G). The statute requires “reasonable continuing access” and the “ability to revie all evidence or documents in the administrative file beginning at least seven (7) business days before a disciplinary Hearing, or sooner if otherwise specified by federal law.” Neither Title IX nor FERPA contain a provision that would limit a Student’s access to the seven-day period prior to a Hearing with regard to his or her own educational records.

25 Ark. Code Ann. § 6-60-1404(c)(1)(G)

26 Ark. Code Ann. § 6-60-1404(c)(1)(C);

27 Ark. Code Ann. § 6-60-1403(2)(B)(i)

28 Id.

29 Ark. Code Ann. § 6-60-1404(c)(1)(F)(i)

30 Ark. Code Ann. § 6-60-1404(c)(1)(F)(iii)

31 Ark. Code Ann. § 5-73-322(e)

32 Ark. Code Ann. § 6-60-1404(c)(1)(D)

33 Ark. Code Ann. §§ 6-60-1403(1) to 60-60-1403(2); Ark. Code Ann. § 6-60-1404(c)(1)(B)

34 Ark. Code Ann. § 6-60-1404(c)(1)(B)(ii)

35 Ark. Code Ann. § 6-60-1404(c)(1)(B)(iii)

36 Ark. Code Ann. § 6-60-1404(c)(1)(B)(iv)

37 Ark. Code Ann. § 6-60-1404(c)(1)(H)(i)

38 Ark. Code Ann. § 6-60-1404(c)(1)(H)(ii)

39 Id.

Procedures in Disciplinary Proceedings

1. Procedures that apply to all cases involving an alleged violation of the Code of Conduct (other than acts of Academic Dishonesty)

a. Preliminary Procedures

i. General Requirements. Upon being notified of conduct that may constitute a violation of the Code, the Student Conduct Administrator shall:

      1. Notify the Parties of the procedures set forth in this Code;

      2. Notify the Parties of the informal resolution process under this Code if available and appropriate;

      3. Offer and coordinate Supportive Measures under this Code, as appropriate, to restore or preserve a Party’s access to the University’s education program or activity;

      4. In response to a Complaint, initiate the disciplinary proceedings or informal resolution process set forth in this Code.

      5. In the absence of a Complaint or informal resolution process, determine whether to initiate a Complaint that complies with the procedures set forth in this Code if necessary to address conduct that may constitute a violation; and

      6. Take other appropriate, prompt, and effective steps to ensure that the violation of this Code does not continue or recur within the University’s education program or activity, in addition to the remedies provided to an individual Complainant.

ii. Written Complaint

      1. A form for a written Complaint is set forth in Appendix B.

      2. The following persons have the right to make a Complaint under this Code, requesting that the University initiate disciplinary proceedings:

a. A Complainant;

b. A person who has a right to make a Complaint on behalf of a Complainant, such as an authorized legal representative; or

c. A third party participating or attempting to participate in the University’s education program or activity when the alleged violation of this Code occurred.

      1. Complaints submitted orally or submitted by the Student Conduct Administrator shall be memorialized in writing at the time of submission.

      2. The Complaint should be submitted as soon as practicable. Unreasonable filing delays could result in the dulling of memories and a loss of relevant evidence and witness testimony. Delays in filing shall not, however, affect the Complainant’s eligibility for Supportive Measures from the University.

      3. Because the University is bound by its obligation to provide a fundamentally fair process, anonymous Complaints may be filed, but anonymity may limit the University’s ability to respond and may preclude disciplinary action.

iii. Notice of Allegations and Initial Communications to the Parties

      1. Upon initiation of the procedures set forth in this Code, the University shall provide written notice to the Parties whose identities are known. This notice shall include:

a. A copy of this Code, along with the appendices (which will include Act 470 of 2023 as set forth in Appendix A);40

b. Sufficient information, available at the time, to allow the Parties to respond to the allegations. Sufficient information includes:

i. The identity of the Parties involved in the incident;

ii. The date and location of the alleged incident; and

iii. The conduct allegedly constituting a violation of the Code, with sufficient time for the Parties to prepare a response before any initial interview;

c. A statement that the Respondent is presumed not responsible for the alleged conduct until a determination of whether a violation of the Code occurred is made at the conclusion of the disciplinary proceedings under this Code;

d. A statement that, in cases involving allegations of conduct for which a sanction of expulsion or suspension from the University may be imposed, the Parties may seek representation by an attorney. Additionally, a statement that the Parties are entitled to an advisor of their choice during the disciplinary proceedings (i.e., investigatory interview, Hearing, and appeal), and the advisor may be (but is not required to be) an attorney. The statement must be provided no later than 24 hours before the Respondent may be questioned regarding an alleged violation.41 The statement shall further explain that in non-Title IX cases in which a sanction of expulsion or suspension from the University may be imposed, the Party will be responsible for securing an advisor at the Party’s own expense; 42

e. A statement that the Party is entitled to receive access to the Administrative File;

f. A statement that the Code prohibits knowingly making false statements or knowingly submitting false information during the grievance procedure; and

g. A statement that retaliation is prohibited.

        1. If, in the course of an investigation, the Student Conduct Administrator decides to investigate additional allegations about the Respondent’s conduct toward the Complainant that are not included in the original notice or that are included in a Complaint that is consolidated as set forth in this Code, the Student Conduct Administrator must provide notice of the additional allegations of the Parties whose identities are known.

iv. Student Conduct Administrator’s Screening and Dismissal Decision

      1. After receiving a Complaint, the Student Conduct Administrator shall promptly decide two threshold issues: (1) whether the Complaint should be dismissed, and (2) whether, in the Student Conduct Administrator’s discretion, the allegations could result in a sanction of expulsion or suspension from the University. The Student Conduct Administrator’s discretionary decision should be guided by factors such as the severity of the alleged conduct, prior offenses, the impermissible possession of weapons, and the negative impact on the Campus Community. The Student Conduct Administrator shall make this initial determination within 10 business days after the Complaint is filed or as soon as practicable thereafter.

      2. The Student Conduct Administrator shall dismiss a Complaint if:

a. The Student Conduct Administrator determines that the conduct alleged in the Complaint, even if proven, would not constitute a violation of the Code; provided, however, that before dismissing the Complaint under this paragraph, the Student Conduct Administrator shall make reasonable efforts to clarify the allegations with the Complainant;

b. The Code does not apply to the alleged facts under Section 4 (pertaining to applicability of the Code); or

c. The alleged conduct constitutes a protected exercise of the Student’s Free Speech Rights.

      1. The Student Conduct Administrator may dismiss a Complaint if:

a. The University is unable to identify the Respondent after taking reasonable steps to do so;

b. The Respondent is not participating in the University’s education program or activity; or

c. The Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the Student Conduct Administrator determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute a violation of the Code even if proven.

      1. If the Student Conduct Administrator dismisses the Complaint, the investigation shall end immediately. The Student Conduct Administrator shall promptly communicate the basis for the dismissal to the Parties simultaneously. If the dismissal occurs after the Respondent has been notified of the allegations, then the Student Conduct Administrator must also notify the Respondent of the dismissal and the basis for the dismissal promptly following a notification to the Complainant, or simultaneously if notification is in writing.

      1. The Student Conduct Administrator shall notify all Parties that a dismissal may be appealed. Each Party may appeal the matter to the Vice Chancellor of Student Affairs or designee within 5 business days after the Student Conduct Administrator’s dismissal decision. During the appeal of a dismissal decision:

a. Each Party shall be notified when an appeal is filed, and the procedures shall be implemented equally for the Parties;

b. The University shall ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the Complaint;

c. The University shall ensure that the decision-maker for the appeal has been appropriately trained;

d. The University shall provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome as follows:

i. The appealing Party’s submission shall consist of a concise written statement as to why the dismissal decision should be reversed; and

ii. The other Party may submit a concise counterstatement within 5 business days of receiving the appealing Party’s submission; and

e. The University shall simultaneously notify the Parties of the result of the appeal and the rationale for the result.

      1. Notwithstanding a decision to dismiss the Complaint, the University shall provide Supportive Measures to the Complainant and Respondent as appropriate.

      1. If the Student Conduct Administrator decides that the Complaint should not be dismissed but the sanctions will not be expulsion or a suspension from the University, then the Parties shall be notified that the matter will be handled under the procedures set forth in Section 11.3.

b. Consolidation of Complaints. The Student Conduct Administrator may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations arise out of the same facts or circumstances.

c. Informal Resolution

i. At any time prior to determining whether a violation of this Code occurred, the University may offer to a Complainant and Respondent an informal resolution process, unless such a process would conflict with federal, state, or local law.

      1. The Student Conduct Administrator has discretion to determine whether it is appropriate to offer an informal resolution process and may decline to offer informal resolution despite one or more of the Parties’ wishes.

      2. Circumstances when the Student Conduct Administrator may decline to allow informal resolution include, but are not limited to, when the University determines that the alleged conduct would present a risk of future harm to others.

ii. The University will not require or pressure the Parties to participate in an informal resolution process. The Student Conduct Administrator must obtain the Parties’ voluntary consent to the informal resolution process and must not require waiver of the right to an investigation and adjudication of a Complaint as a condition of enrollment or continuing enrollment or exercise of any other right.

iii. Before initiation of an informal resolution process, the Student Conduct Administrator must provide the Parties with written notice that explains:

      1. The allegations;

      2. The requirements of the informal resolution process;

      3. That, prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and to initiate or resume the University’s grievance procedures under this Code;

      4. That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming grievance procedures arising from the same allegations;

      5. The potential terms that may be requested or offered in an informal resolution agreement, where such potential terms include (but are not limited to):

a. Restrictions on contact; and

b. Restrictions on the Respondent’s participation in one or more of the University’s programs or activities or attendance of specific events, including restrictions the University could have imposed as remedies or disciplinary sanctions had the University determined that a violation of this Code occurred;

      1. Which records will be maintained and could be shared;

      2. That if the University initiates or resumes the procedures under this Code, the University or a Party must not access, consider, disclose, or otherwise use information, including records, obtained solely through an informal resolution process as part of the investigation or determination of the outcome of the Complaint; and

      3. That, when applicable, and if the University resumes the disciplinary proceedings under this Code, the informal resolution facilitator could serve as a witness for purposes other than providing information obtained solely through the informal resolution process.

iv. The facilitator for the informal resolution process must not be the same person as the investigator or decisionmaker in the University’s procedures under this Code. Any person designated by the University to facilitate an informal resolution process must not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant and Respondent.

v. In order to encourage an open exchange of views and maximize the chances of agreement, mediation sessions may not be recorded, unless the Parties agree to a different arrangement.

vi. Any informal resolution shall be in writing and shall represent the final resolution of the case, unless one of the Parties fails to adhere to the terms of the agreement.

vii. If the Parties do not agree to an informal resolution, the process is unsuccessful, or informal resolution is not appropriate due to the nature of the Complaint, then the formal disciplinary proceedings will commence or resume.

d. Investigation

i. After the Student Conduct Administrator provides the Parties with the information described above, the Student Conduct Administrator shall promptly meet with the Complainant and Respondent separately to discuss the following:

      1. The allegations in the Complaint, including the Party’s version of events, the nature and location of evidence, and the identity of witnesses;

      1. Supportive Measures; and

      2. The Party’s interest in resolving the matter through informal resolution, unless the Student Conduct Administrator determines that informal resolution would be inappropriate under the circumstances.

ii. A Party and his or her advisor are not permitted to attend interviews other than his or her own interview.

iii. In addition to meeting with the Parties, the Student Conduct Administrator shall take other investigatory steps, as necessary. Such steps may include:

      1. Interviewing witnesses (including expert witnesses, if any) and summarizing such interviews in writing;

      2. Visiting, inspecting, and taking photographs of relevant sites;

      3. Collecting and preserving relevant evidence (potentially in coordination with law-enforcement agencies); and

      4. Obtaining any relevant medical records, provided that the subject of the records has voluntarily authorized the release of the records in writing.

iv. The investigation shall ordinarily be completed within 30 calendar days after the Complaint is filed or as soon as practicable thereafter.

e. Investigation by Law Enforcement: Nothing in this Code should be construed as restricting the ability of campus law enforcement to investigate a possible criminal violation.43 If a law enforcement investigation has been initiated, the University will take reasonable measures to avoid undue interference with the law enforcement investigation. In most cases, the University’s investigation will not be halted due to the fact that a parallel law-enforcement investigation has commenced.

2. Additional procedures in cases involving allegations that could result in a sanction of expulsion or suspension from the University.

a. Administrative File

i. At the conclusion of the investigation and at least 7 business days before the Hearing, the Student Conduct Administrator shall remind the Parties of their right to review the Administrative File to the extent allowed by law.44

ii. The Parties shall have an opportunity to respond to the evidence contained in the Administrative File at a live Hearing.

b. Hearing Officer or Hearing Panel

i. At least 3 business days before the Hearing date, the Student Conduct Administrator shall select a Hearing Officer or Hearing Panel and disclose the individuals’ identities to the Parties.

ii. A Party may challenge a Hearing Officer or Hearing Panelist for bias or any conflicts of interest with the potential to undermine the integrity of the disciplinary process. The Dean of Students or a designee who is not a factfinder in the case shall promptly resolve the challenge and designate a substitute as appropriate.

iii. Persons who serve as Hearing Officers or Hearing Panelists may not be the same individuals who investigated the alleged misconduct.

c. Hearing Procedures

i. The Hearing Officer or Hearing Panel may pose questions to the witnesses before affording the Parties an opportunity to ask questions.

ii. The Hearing Officer or Chair of the Hearing Panel will make all determinations regarding the order of witnesses, relevancy of questions, and the evidence to be considered or excluded during the Hearing and decision-making process. The Hearing Officer or Hearing Panel may, in its discretion, choose to call a Student Conduct Administrator for the purpose of explaining the investigation and findings.

iii. The Hearing Officer or Hearing Panel must determine whether a proposed question is relevant and not otherwise impermissible prior to the question being posed, and must explain any decision to exclude a question as not relevant. If a decisionmaker determines that a Party’s question is relevant and not otherwise impermissible, then the question must be asked except that no questions that are unclear or harassing of the Party being questioned will be permitted.

iv. The Hearing Officer or Chair of the Hearing Panel has the discretion to determine whether the Parties may present expert witnesses as long as the determination applies equally to both Parties.

v. At the Hearing, the Parties may:

      1. Make an opening and closing statement;

      2. Present relevant evidence; and

      3. Cross-examine adverse witnesses.

vi. The Respondent may waive the right to be present at a disciplinary proceeding by providing to the Student Conduct Administrator a signed waiver as set forth in Appendix C. The waiver shall be signed by the Respondent and the adjudicator. The Student Conduct Administrator shall provide one copy to the Respondent and place another copy in the Administrative File. If the Respondent waives the right to be present at a disciplinary proceeding, the Respondent shall not have the right to appeal the University’s initial decision.

vii. Hearings may be conducted through a live Hearing with the Parties physically present in the same geographic location. At the University’s discretion or upon the request of either Party, it will conduct the live Hearing with the Parties physically present in separate locations with technology enabling the decisionmaker and Parties to simultaneously see and hear the Party or the witness while that person is speaking or communicating in another format.

viii. The University shall create an audio, audiovisual, or transcript of the Hearing.

ix. The Parties may pose relevant questions to witnesses under the following conditions:

      1. In cases in which a Party is represented by an advisor, the advisor may pose questions to the witness directly.

      2. In cases in which a Party is not represented by an advisor, the questions may be asked through the Hearing Officer or Hearing Panel. A Party may not, however, question a witness directly. The Party may tender an initial set of proposed questions prior to the Hearing and propose follow-up questions, including questions challenging credibility, that a Party wants asked of any Party or witness.

x. If a Party does not respond to questions related to their credibility, the decisionmaker must not rely on any statement of that Party that supports that Party’s position. The decisionmaker must not draw an inference about whether misconduct occurred based solely on a Party’s or witness’s refusal to respond to questions related to their credibility.

d. Written Decision

i. As soon as practicable after the Hearing, the Hearing Officer or Chair of the Hearing Panel shall simultaneously distribute to the Parties a written decision of the result that contains the following:

      1. A description of the alleged Code violation;

      2. Information about the policies and procedures the University used to evaluate the allegations;

      3. The decisionmaker’s evaluation of the relevant evidence and determination of whether a violation occurred.

      4. When the decisionmaker finds that a violation occurred, any disciplinary sanctions the University will impose on the Respondent, and whether remedies other than the imposition of disciplinary sanctions will be provided by the University to the Complainant and, to the extent appropriate, other Students identified by the University to be experiencing the effects of a violation; and

      5. The University’s procedures to appeal the result of the disciplinary Hearing;

ii. If there is a determination that a violation occurred, as appropriate, the Student Conduct Administrator shall provide and implement remedies to a Complainant or other affected person(s) and take other prompt and effective steps to ensure that a violation does not continue or recur within the University’s education program or activity.

iii. The determination regarding responsibility becomes final either on the University providing the Parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Appeals

i. A Party may appeal a decision or sanction by submitting a written statement to the Student Conduct Administrator within 7 calendar days55 of receiving the Hearing Officer or Hearing Panel’s written decision. An Appeal Form is set forth in Appendix D.

ii. An appeal may be initiated after the deadline if the Party shows that new, previously unavailable evidence came to light or that there is a compelling reason for the delay.

iii. The appeal shall be heard by the Dean of Students or designee.

iv. The appeal shall be decided based on the record and without deference to the decision of the Hearing Officer or Hearing Panel.

v. A Party may only appeal based on one of the following grounds:

      1. A procedural irregularity that would change the determination of whether a Code violation occurred;

      2. The discovery of new evidence that would change the outcome of the matter and that was not reasonably available at the time the determination of whether a Code violation occurred or dismissal was made.

      3. A Student Conduct Administrator had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome of the matter; or

      4. The sanctions are grossly disproportionate to the severity of the offense.

vi. The Student Conduct Administrator shall promptly notify the other Party of the appeal and provide a copy of the Party’s written statement. The other Party may submit a written counterstatement within 5 business days thereafter.

vii. The decision on appeal may uphold the decision, modify it, or remand the matter to the Hearing Officer or Hearing Panel for further factual development.

viii. The Dean of Students or designee shall inform the Parties of the decision in writing within 5 business days of the last Party’s written submission or as soon as practicable thereafter.

ix. The Parties may challenge the Dean of Students’ (or designee’s) involvement for bias or a conflict of interest with the potential to undermine the integrity of the appellate process. The Chancellor may decide any such challenge and replace the administrator with an appropriate substitute.

Certification of Compliance

i. At the conclusion of the disciplinary proceedings, the Chancellor or Vice Chancellor of Student Affairs shall certify, on a form similar to Appendix E, that the substantial rights of the Complainant and Respondent as established in Act 470 of 2023 have been followed.56

ii. The certification shall be maintained in the Administrative File.57

3. Disciplinary procedures in non-Title IX cases in which neither expulsion nor suspension from the University will be imposed

a. If the Student Conduct Administrator determines, in his or her discretion at the inception of the case, that a sanction of expulsion or suspension will not be imposed in a non-Title IX case involving an alleged violation of the Code (other than an act of Academic Dishonesty), then the alleged violation of the Code shall be resolved through an administrative Hearing before the Student Conduct Administrator or designee.

b. An attorney or non-attorney advisor may not participate at any stage of the disciplinary proceedings.

c. The Student Conduct Administrator or designee shall ensure that the Respondent receives:

i. Written notice of charges;

ii. An opportunity to inspect the Administrative File;

iii. An opportunity to be heard at a meeting with the Student Conduct Administrator or designee;

iv. A written decision on whether the Respondent has violated the Code and sanctions that will be imposed; and

v. An opportunity to appeal to the Dean of Students or designee, within 5 business days of the decision, based on one of the following grounds:

1. A procedural irregularity that affected the outcome;

2. The discovery of new evidence that was not reasonably available when the determination of responsibility was made, that could affect the outcome;

3. The University investigator or decisionmaker had a conflict of interest or bias that affected the outcome; or

4. The sanctions are grossly disproportionate to the severity of the offense.

vi. A reasonably prompt, written decision from the Dean of Students or designee regarding the appeal.

vii. An opportunity to challenge the involvement of any decisionmaker due to bias or a conflict of interest.

45Ark. Code Ann. § 6-60-1404(c)(1)(D)(ii)-(iv)

46 Ark. Code Ann. § 6-60-1404(c)(1)(D)(4)(ii)

47 Ark. Code Ann. § 6-60-1404(c)(1)(D)(4)(iii)

48 Ark. Code Ann. § 6-60-1404(c)(1)(D)(4)(iv)

49 Ark. Code Ann. § 6-60-1404(c)(1)(D)(1)

50 Ark. Code Ann. § 6-60-1404(c)(1)(D)(2)

51 Ark. Code Ann. § 6-60-1404(c)(1)(D)(3)

52 Ark. Code Ann. § 6-60-1404(c)(1)(D)(i)(b)(4)

53 Ark. Code Ann. § 6-60-1404(b)(3); )

54 Ark. Code Ann. § 6-60-1404(c)(1)(I)(iii)(b)

55 Ark. Code Ann. § 6-60-1404(c)(1)(F)(ii)

56 Ark. Code Ann. § 6-60-1404(d)(1)

57Ark. Code Ann. § 6-60-1404(d)(2)

Confidentiality

  1. When conducting an informal resolution process under this Code, implementing disciplinary proceedings, or requiring the Student Conduct Administrator to take other appropriate steps under this Code, the University must not disclose the identity of a Party, witness, or other participant except in the following circumstances:

a. When the Party, witness, or other participant has provided prior written consent to disclose their identity;

b. When permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, or its implementing regulations, NPRM 34 C.F.R. Part 99;

c. As required by law; or

d. To carry out the purposes of Title IX, including action taken to address conduct that may constitute sex discrimination under Title IX in the University’s program or activity.

  1. To protect the privacy of all Parties and in accordance with FERPA, the Hearing will be closed.
  2. Educational records related to any aspect of discipline against a Student will not be released by the University without the Student’s authorization. This prohibition does not apply to Students in possession of their own educational records. Only exceptions authorized under will be permitted. For instance, the University may release records:

a. To comply with a judicial order or a lawfully issued subpoena;

b. To inform the Complainant in a case involving allegations of a crime of violence or a non-forcible sex offense of the final results of a related disciplinary Hearing;

c. To inform any third party, including other educational institutions, of the final results of a disciplinary proceeding related to a crime or violence or non-forcible sex offense if Respondent is found responsible;

d. To any Student’s parents:

i. If the parent claimed the student as a dependent on their tax returns, or

ii. To inform the parents if the Student is found responsible for an offense related to drugs or alcohol and the Student is under the age of 21 at the time of the disclosure; or

e. To address a health or safety emergency.

  1. For cases involving allegations of Sex-based Harassment under Title IX, the University shall keep confidential the identity of any Complainant, Respondent, and witness, except as permitted by FERPA, required by law, or necessary to conduct any investigation, Hearing, or judicial proceeding arising under the Title IX grievance process.
  2. Disclosure of final results to third Parties, if permitted, shall include only the name of the Responsible Student, the violation committed, and any sanction imposed. The disclosure must not include the name of any other Student, including a victim or witness, without the written consent of that other Student.
  3. The University may take reasonable steps to protect the privacy of the Parties and witnesses during the pendency of disciplinary proceedings under this Code, but it will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consulting with a family member, confidential resource, or advisor; preparing for a Hearing (if one is offered); or otherwise defend their interests.
  4. Except as allowed by the Parties’ Free Speech Rights, the Parties and their advisors may not disclose information and evidence obtained solely through the process set forth in this Code without authorization.