Student Organization Misconduct Process

Report

Reports of potential student organization misconduct may be filed by following the steps outlined below. All reports of student organization misconduct will be reviewed as outlined in Reporting a Violation of the Code of Community Standards.

When reporting an incident, the reporting party is not required to provide their name or contact information, however, it is recommended in the event clarifying information is needed by the Office of Community Standards (OCS) or ECPD. The failure of a reporting party to produce their name and contact information may limit the ability of the College to process the report. Should the reporting party provide their name and contact information, the information will be handled in compliance with the Family Educational Rights and Privacy Act (FERPA).

An individual may submit a report directly to the OCS by filling out an incident report on the OCS website or communitystandards [at] emerson.edu (sending an email) to the OCS directly.

Review of Report 

All reports will be reviewed in accordance with the process outlined in the section titled Reporting A Violation of the Code of Community Standards.

When the Office of Community Standards concludes that a report should be investigated prior to referral to the Student Conduct Process, the Office of Community Standards will typically follow the Investigative Process below.

Interim Administrative Measures

If upon review of a report or during an investigation, the College determines that a student organization or student organization member may be a threat to the community, or when advisable to protect the physical, social, or emotional well-being of the College community, the Associate Dean for Campus Life or designee may provide Interim Administrative Measures which can include but are not limited to, College directives, immediate residence hall relocation or suspension; or temporary suspension of the organization or individual student from the College, pending the outcome of the investigation Student Conduct Process. When interim measures are assigned, students and student organizations are required to comply with the directions of the interim measure(s). See the Interim Administrative Measures Policy for more information.

Prohibition Against Retaliation and Intimidation

The College strictly prohibits retaliation or intimidation of any member of the Emerson community for making a report of a violation of the College’s Community Standards or for participating in the investigation of such a report. Students who violate the prohibition on retaliation will be referred to the Student Conduct Process. Students that believe they are a subject of retaliation or intimidation should immediately contact the Office of Community Standards communitystandards [at] emerson.edu (by email) or at 617-824-8620.

Notice of Investigation

The Office of Community Standards or designee will inform, in writing, all necessary members representing the organization in an investigation (the Responding Party(s)), of the following information:

• Potential violations being investigated. 
• Rights of the involved parties, including the right to an advisor (see “Rights of an Organization”).
• Name of the Investigator(s) or the Investigating Office.
• Date, time and location of the any investigative interviews. 
• An overview of the investigation process.
• Procedures to submit relevant evidence and a list of witnesses, with contact information.
• Options to request resources, such as but not limited to support from confidential resources, support from ECPD, and that the College take steps to prevent unnecessary or unwelcome contact or communication with another member of the Emerson community.
• Reminders of the  College’s Retaliation or Intimidation Policy.

Investigation

The Investigator(s) (typically a staff member within the Office of Community Standards) will follow the below steps and typically complete the investigation within 10 business days, barring extenuating circumstances.

• The Investigator(s) will review all relevant documents provided and collected.
• The Investigator(s) will interview the Complainant(s) (or reporting parties), if possible.  
• The Investigator(s) will interview the Responding Party(s), relevant current members, and potential new members (See Interview Process)
• The Investigator(s) will make reasonable attempts to interview any witnesses (or other parties) identified by the Complainant(s) or Responding Party(s) who may have any relevant information regarding the case.**
• The Investigator(s) will review any additional documentary evidence submitted by the Complainant(s), Responding Party(s), and witnesses.
• The Investigator(s) will gather and assess any other relevant evidence available to the College within the allotted investigation period.
• After reviewing any witness statements, documentary evidence and other relevant evidence, the Investigator(s) will, if necessary and possible, conduct follow-up interviews with the Complainant(s), Responding Party(s), and witnesses.  
• At the conclusion of the investigation, the Investigator(s) will submit a report summarizing all information obtained by the Investigator(s). The report will not contain conclusions of whether the Responding Party(s) did or did not violate the Code of Community Standards, however it will contain a recommendation on Resolution options.

**Participation by the Complainant or any witness in an investigation is encouraged, but not required. The failure of a Complainant or witness to participate may limit the ability of the College to fully investigate the report. Information provided by any party participating in an investigation will be handled with sensitivity and privacy that is in compliance with the Family Educational Rights and Privacy Act (FERPA).

Interview Process: All requested members will meet at the designated time and location.

• All requested members are expected to be present during the entirety of the interview process.
• Each member will be called individually for their interview with the investigator(s). 
• Each member will be allowed to use computers, but will not be permitted to use chat features or cellular devices during the interview sessions.
• The Investigator(s) will explain the interview process, answer any additional questions and assist students prior to  the interview beginning.  
• All organization members requested to be interviewed are required to comply with the investigation process.

Review of Investigative Report & Resolution

Within two (2) business days of receiving the investigative report, the Associate Dean for Campus Life, or designee, will review the investigative report, determine if it supports a formal resolution through the Student Conduct Process and determine the appropriate next steps.  

Resolution Options

1. No Action: If the investigative report does not support a moving forward with a formal Student Conduct Process,  the Responding Party(s) will be notified in writing by the Office of Community Standards or designee of such outcome.
2. Informal Resolution: If the investigative report: (1) Supports a potential low level violation of College policy after consultation and review by staff in Community Standards and Student Engagement and Leadership, (2) displays clear corrective measures that could resolve the issue, and (3) The organization has no history of previous violations, an informal resolution may be considered.. 
   1. The Office of Community Standards will have 3  business days to review the Investigative Report and present an informal resolution in writing to the Responding Party(s) for their consideration. Responding Party(s) will have 3 additional business days to agree or disagree with the Informal Resolution. If signed, the Responding Party(s) would agree to the findings for violation(s) of College Policy and agree to any outlined sanctions, conditions, and restrictions. Once an Informal Resolution has been agreed to, there is no appeal available. Responding Parties that fail to complete the requirements as stated in the Informal Resolution will be referred to the Student Conduct Process.
3. Formal Student Conduct Process: If the investigative report does support a potential violation of College Policy, and an informal resolution is not initiated, the Responding Party(s) will be referred to the Student Conduct Process. The Responding Party(s) will be notified in writing by the Office of Community Standards or designee of such outcome and provided information relating to the Student Conduct Process described in the previous section on Resolution Processes. Investigations referred to the Student Conduct Process will be reviewed by an impartial Community Standards Administrator, Conduct Board, or Resolution Panel. The Investigator(s) will not serve as The Hearing Chair, a Conduct Board Member,  or Resolution Panelist. 

Rights of an Organization

All Responding Party rights (including the rights of organizations) detailed in prior sections of the Code of Community Standards apply to student organization members referred to an investigation and/or the Student Conduct Process. Should the student organization members select an advisor, the advisor may accompany the student organization members at all meetings. Student organization members may contact the Office of Community Standards for assistance in identifying a potential advisor, but an advisor cannot be assigned by the Office of Community Standards.

Student Conduct Process for Student Organizations

Please refer to the prior section of the Code of Community Standards for Student Conduct Process resolution procedures.

Appeals for Student Organizations

Please refer to the section on Hearing Findings & Appeals for appeal procedures.

Criteria for Individual vs. Organizational Responsibility

Student organizations and their leaders and members, may be responsible both collectively and individually for violations of College policy. The Office of Community Standards will determine any policies potentially violated based on alleged behavior. 

Criteria to determine if alleged violations should be considered organizational may include but are not limited to: 

1. The incident occurred at or in connection with an organization-sponsored event or activity or at an event or activity that would reasonably be associated with the student organization; 
2. The organization’s leaders and/or members encouraged or consented to the alleged behavior; 
3. The number of members, including alums, involved in the incident; 
4. If actions or lack of actions by the student organization contributed to the incident.