Student Handbook | Embry-Riddle Aeronautical University (2024)

Student Rights & Fair Hearing Principles

Students have rights as well as responsibilities as citizens of our campus community. The overall goal of our university student conduct process is to render fair, impartial and appropriate decisions when students are alleged to have violated the Standards of Conduct and/or other university policy(ies). Throughout our proceedings, we adhere to the overall concept of fundamental fairness.

University student conduct proceedings are administrative rather than criminal proceedings. As such, this process does not apply the rules of evidence, criminal procedures or other standards typically associated with the legal system. Students are not judged “guilty” or “not guilty” in a university conduct proceeding; rather, they are found “responsible” or “not responsible” for violating a policy. Student conduct proceedings are handled with the intent to educate students about their behaviors and the impacts of those behaviors on the community, and to hold them appropriately accountable when needed.

Students have the following rights throughout the conduct proceeding:

To have a meeting, sometimes known as a “hearing” with a Conduct Officer designated by the university to hear the case.
To be heard and to provide a response.
To be considered “not responsible” for any violation(s) until responsibility is established.
To receive notice of an initial conduct meeting with the Conduct Officer. This notice will include a brief summary of the alleged incident, the specific Standard(s) of Conduct that were allegedly violated, and a time and place when the meeting will be held.
To understand the specific Standard(s) of Conduct that have allegedly been violated.
To be informed of the evidence available to the university.
To select an advisor of their choosing to accompany them throughout the conduct proceeding. The advisor may be a friend, mentor, family member, attorney or any other supporter.

Advisors, including attorneys, may not formally present on behalf of the student at any point during the conduct proceeding.
Advisors are expected to refrain from interference with the conduct proceeding. Any advisor who fails to adhere to these expectations during any part of the proceeding will be warned. If the advisor continues to disrupt or otherwise disrespect the limits of the advisor role, the Conduct Officer has the discretion to ask the advisor to leave the meeting and/or proceeding. When an advisor is removed, the proceeding will continue without the advisor present. The advisor’s future role in the process will be at the discretion of the Conduct Officer.

To be informed of the outcome of the proceeding, including whether the student has been found “not responsible” or “responsible” for any policy violations, and if found responsible, the sanction(s) that are issued.
To receive reasonable accommodation when requested. All decisions about reasonable accommodation are made by the Conduct Officer and are at the discretion of the university.
To request an appeal of the findings of “responsible” or “not responsible” and/or the sanction(s) issued.

Student Conduct Procedures

Evidentiary Standard

The evidentiary standard used for student conduct cases is the ”preponderance of the evidence” standard, which means it is “more likely than not” that a policy violation occurred.

Conduct Officers

Conduct Officers are university administrators who are designated with the authority, by the Dean of Students Office, to hear and adjudicate student conduct cases.

Initial Meeting

The Conduct Officer will meet with the student to:

Provide a summary of the alleged incident.
Review the specific Standard(s) of Conduct the student is alleged to have violated.
Discuss the incident with the student.
Provide the student an opportunity to respond, including an opportunity to provide any information that the student wishes to be considered.

At the conclusion of the initial meeting, the Conduct Officer may elect to (a) pause the proceeding in order to conduct further investigation, or (b) proceed with making a finding of “responsible” or “not responsible” and determining appropriate sanction(s) accordingly (see next section, “Sanctions”).

Investigation

If there is a need for further investigation beyond the initial meeting, the Conduct Officer may, at their discretion and at any point, gather any additional evidence that may be helpful. This may include physical evidence, including documents, photos, digital communications, card swipe data, etc., and it may also include further witness testimony from other involved parties. The Conduct Officer may also choose to contact the student again at any time throughout the proceeding for further information or clarification.

The university may elect to add additional charges later during the conduct process with notification to the student based on new discovery during the investigation or hearing process.

The Conduct Officer, in consultation with the Dean of Students Office, has the authority to dismiss charges in a student conduct case after further investigation and if warranted.

Finding(s)

After the Conduct Officer has completed an initial meeting with the student and/or any additional investigation, they will make a decision about whether the student is “responsible” or “not responsible” for violating each Standard of Conduct as charged.

Failure to Respond or Participate

If a student chooses to not respond at any time throughout a student conduct proceeding, the university will continue with the case. The student will have the opportunity to rejoin at any time as the case progresses, but if the student chooses to not appear, the university will consider the information available, proceed at every step and make final decisions accordingly. The student will be provided notice of those final decisions.

Right of the University to Proceed After Withdrawal

The university reserves the right to pursue disciplinary action in a student conduct matter if a student violates a policy and withdraws from the university before conduct action is able to be taken.

Break Periods

Sanctions

If a student is found in violation of the Standards of Conduct and university policy through a student conduct proceeding, the university may issue one or more of the following sanctions.

In considering the appropriateness of the sanction(s), the Conduct Officer may consider prior offense(s), severity of the offense, impact on others or the campus community, mitigating circ*mstances and/or aggravating circ*mstances. Repeated or aggravated violation(s) of the Standards of Conduct or any university policy may result in more severe sanctions than any individual violation might warrant, including immediate suspension or dismissal.

Failure to complete sanctions as assigned may result in additional conduct charges, account holds and/or other restrictions or outcomes.

Disciplinary sanctions for students found in violation of one or more of the Standards of Conduct may include:

Warning

The student is warned that their behavior was in violation of university policy, and that further misconduct may result in more severe disciplinary sanctions.

Probation

The student may continue attendance at the university, but is subject to restrictions and/or conditions imposed by the university for a period of time. It is expected that the student not engage in any further violations of university policy during the probationary period; if further violations should occur, the student may be subject to more severe disciplinary sanctions including suspension or dismissal. Students on probation are not considered to be in good standing with the university.

Suspension

The student is separated from the university for a specified period of time. During the period of suspension, the student may also be excluded from university-owned or university-controlled property or events. Notice of these restrictions during suspension will be provided to the student in the suspension letter.

Dismissal

The student is permanently separated from the university. The student may also be excluded from university-owned or university-controlled property or events. Notice of these restrictions will be provided in the dismissal letter.

Additional sanctions may include but are not limited to:

Loss or Restriction of Privileges

The loss or restriction of specific privileges or university resources for a period of time. This may include but is not limited to the use of university resources, the ability to access or use certain university spaces or buildings, or participation in university-sponsored activities or events.

Restitution

Monetary compensation for loss, damage or injury.

No Trespass

The university may restrict an individual from entering specific areas of the campus or buildings on university-owned, operated, managed property and/or university-sponsored events.

No Contact Order

The university may restrict an individual from forms of contact or interaction with another person or group of people. (Note: No Contact Orders may be issued by Campus Safety or Title IX in situations that are not related to a student conduct proceeding through the Dean of Students Office and may not be part of a sanction.)

Parental Notification

The university may, at its discretion, notify parents or guardians/sponsors regarding students found in violation of university alcohol and drug policies. This notification may occur without the student's consent. In circ*mstances not involving violations of drug or alcohol policies, the university may, at its discretion, contact parents or guardians/sponsors it if believes doing so is in the best interest of the student or the university.

Educational Sanctions

Educational sanctions may include but are not limited to:

Work assignments
Service to the university or the community
Educational projects
Workshops
Research reports and/or reflection papers
Mediation (provided all parties agree)
Training or learning modules (fees may apply)
Meetings with university officials or other designated authorities

Administrative Interim Measures

Students who are being investigated for possible violations of the Standards of Conduct or university policy may be issued an intermediate action until the conduct process is complete. Examples of interim measures may include but are not limited to interim suspension, restriction on participation in university sponsored activities, loss or restriction of privileges, modifications to class schedules, trespass from particular locations on campus, and no contact orders.

Interim Suspension

Temporary involuntary separation from the university while a student’s actions and/or behaviors are under review. Interim suspension may be applied if there is a threat or potential threat to the health or safety of the campus community, or if there is disruption or threat of disruption to the campus community and/or normal university processes and activities. Students who are under interim suspension are generally not permitted on campus and are subject to all terms and conditions applied. Students who live in the residence halls and are issued interim suspension must follow all instructions for temporarily vacating their residence hall room.

Additional sanctions that may be issued to residence hall students:

Residence Hall Transfer

Involuntary transfer of a residence hall student to another residence hall room, housing unit or residence hall.

Deferred Eviction From the Residence Halls

Notice that any additional policy violation(s) may result in immediate eviction from the residence halls. Unless specified otherwise, a Deferred Eviction will remain in effect for one calendar year from the date it is issued. Note that students who are evicted from the residence halls due to conduct concerns are still financially responsible for the remainder of their housing contract.

Eviction From the Residence Halls

Immediate removal from the residence halls. Students who are evicted from the residence halls are financially responsible for the remainder of their housing contract. Unless specified otherwise, students who are evicted from the residence halls may not live in the residence halls for one calendar. If a student wishes to request to live on campus after that one-year period, they must apply in writing to the Director of Housing and Residence Life. The Director will evaluate the request and issue a decision within five business days.

The final decisions and outcomes of any student conduct matter, including disciplinary sanctions for student conduct violations, become part of the student’s overall educational record with the university. Student conduct records are managed by the Dean of Students Office.

Additional Possible Outcome – Educational Advisem*nt

In lieu of formal charges, a Conduct Officer may elect to assign the outcome of “Educational Advisem*nt.” This means that the student has successfully completed a meeting or other approved communication with the Conduct Officer or designated university official to:

Discuss how the student’s minor policy infraction(s) have impacted the student and/or the campus community.
Ensure that the student clearly understands the policy and rules for the future.

The outcome of Educational Advisem*nt is considered a proactive, administrative courtesy and is therefore not entered into the student’s official conduct record nor is it eligible for appeal.

Appeals Process – For Individual Students

Students may request to appeal the findings in a student case (“responsible” or “not responsible”), and/or the sanction(s) assigned.

In all cases, “business days” are defined as Mondays through Fridays, excluding university holidays.

Decisions and Sanctions Stay in Place Pending the Final Outcome of the Appeals Process

All decisions and sanctions made by the original Conduct Officer will remain in place during the appeals process and until all appeal procedures have concluded and final deadlines have passed, unless otherwise specified by the Dean of Students or their designee.

Grounds for Appeal

Students may appeal their case based on any of the following grounds:

A sanction that is disproportionate to the violation(s).
A deviation from written procedures.
A demonstrable bias in the conduct proceeding.
New information, unavailable at the time, that could impact the original findings(s) and/or sanction(s).

In general, appeals are deferential to the original hearing decision and are not intended as a rehearing of the entire case.

Request for Appeal Process

The purpose of this stage of the process is to evaluate the student’s rationale and grounds for their appeal and determine whether the student will be granted an opportunity for a hearing.

Detailed instructions about how to schedule a Pre-Appeal Meeting (below) and submit an Appeal Request Form (below) will be included in the final decision letter in the case sent to the student by the Conduct Officer.

Pre-Appeal Meeting – If a student is considering an appeal, the student must email the Dean of Students office (prdos@erau.edu) to inform them of their desire to appeal. The student must send this email to the ADOS within two business days of receipt of the Conduct Officer’s decision letter. This email does not need to be lengthy in content; it simply serves to notify the ADOS that the student is interested in appealing. Upon receipt of this email, the Dean of Students Office will arrange for the student to meet with another university official who serves as a Conduct Officer — different from the official who already heard the case — for a Pre-Appeal Meeting. The university will make every effort to schedule this meeting within two business days of the student’s email requesting a pre-appeal meeting. The goals and purposes of the Pre-Appeal Meeting are to:

Inform and educate the student about the appeals process.
Discuss with the student their rationale and grounds for appeal.
Assist the student in thinking through the content they would like to include on their Request for Appeal Form, should they choose to submit it.

Important note: The university official in the Pre-Appeal Meeting serves as a neutral party. Their role is not to guide, direct, encourage, or discourage, in any way, the submission of an appeal request by a student. Rather, their role is to inform and educate the student about the appeals process so the student – on their own – has the knowledge needed to submit an informed and well-written appeal if they wish. All decisions about how to proceed are ultimately the sole responsibility of the student.

After the Pre-Appeal Meeting, the student may choose to end the process and not pursue an appeal, or the student may move to Step B.

Submit a Request for Appeal Form – If the student wishes to proceed with requesting an appeal, the student must fill out and submit a Request for Appeal Form within two business days of the date the Pre-Appeal Meeting was scheduled to take place. Detailed instructions for submitting a Request for Appeal Form will be provided to the student after the Pre-Appeal Meeting.
Appeals Review Panel – The Request for Appeal form will be considered by a panel of three members of the Student Government Association (SGA).

Prior to the meeting of the Appeals Review Panel, the name of the appealing student will be given to the potential SGA panel members. If there are any conflicts of interest, a panelist will recuse themselves and a new panelist will be chosen.
The Appeals Review Panel will meet in closed session for a paper review only; the appealing student does not appear before the panel.
Attendees of the Appeals Review Panel meeting will include the three SGA panelists; the SGA Secretary, who is responsible for the SGA appeals process; and a representative of the Dean of Students Office to oversee the process and procedures only. The only voting members are the three SGA panelists.
The written documentation the Appeals Review Panel will consider will typically include the following:

The Request for Appeal Form submitted by the student
Any additional supporting documentation submitted by the student.
A response and supporting documentation submitted by the original Conduct Officer for the case.

The Appeals Review Panel is charged with reviewing the available written documentation and determining whether there are adequate grounds for an appeal to move on, to be heard in a Student Conduct Appeals Board hearing.
The appealing student will be notified in writing of the decision of the Appeals Review Panel:

Appeal request not granted: If the Appeals Review Panel determines that there is not a sufficient basis to warrant an appeal, the appealing student will be notified of this decision in writing. This decision shall be the final decision of the university.
Appeal request granted: If the Appeals Review panel determines that there is a sufficient basis to warrant an appeal, the appealing student will be notified in writing and will be informed of the next step of the appeals process.

During break periods or other times when a student panel may not be available, the Dean of Students Office reserves the right to appoint an administrator to review the appeal request and make a decision accordingly.

Student Conduct Appeals Board and Hearing Process

If a student is granted an appeal through the Request for Appeal process as outlined above, the appeal will be referred to the Student Conduct Appeals Board. The Student Conduct Appeals Board is charged with hearing the appeal and making a recommendation to the Dean of Students or their designee. At their discretion, the Appeals Board may make recommendations on findings (“responsible” or “not responsible”) and/or sanctions issued in the case.

Composition of the Student Conduct Appeals Board: The Student Conduct Appeals Board will be comprised of one student appointed by the Student Government Association (SGA), one faculty member, and one staff member or administrator. The Dean of Students Office is responsible for convening and managing the Student Conduct Appeals Board for a hearing on an appeal.

Hearing Attendees: Attendees at the hearing will include the appealing student and an advisor if desired, the original Conduct Officer for the case, the three Appeals Board Members and a representative from the Dean of Students Office to oversee process and procedures only. The only voting members are the three Appeals Board members. Prior to the Appeals Board hearing, the name of the appealing student will be given to the potential board members. If there are any conflicts of interest, a member will recuse themselves and a new member will be chosen.

Elements of the Hearing: In general, Appeals Board hearings will include the following elements:

Opening statements by the appealing student and the Conduct Officer
Opportunities for each side to present witnesses and/or additional information
Questions from the Appeals Board for either party
Closing statements

At the conclusion of the hearing, the appealing student and the Conduct Officer will be excused and the Appeals Board members will remain for deliberations.

Recommendations of the Board to the Dean of Students and Final Decisions

The Appeals Board will deliberate and make written recommendations on finding(s) and/or sanction(s) to the Dean of Students or their designee. The Dean of Students has the authority to uphold, overturn or modify any recommendations of the Appeals Board. The appealing student will be notified in writing of the final decisions of the Dean of Students or their designee. The determinations of the Dean of Students or their designee shall be the final decisions of the university.

Arrangements During Breaks and Other Times When a Hearing Board May Not Be Available

During breaks and other times when a hearing board may not available, the university reserves the right to appoint an administrator to review the appeal and make a recommendation to the Dean of Students or their designee.

If the student complaint cannot be resolved after exhausting the institution's procedures as outlined in this Student Handbook, the student may file a complaint with the Arizona State Board for Private Postsecondary Education:

Arizona State Board for Private Postsecondary Education
1740 W. Adams, Suite 3008
Phoenix, AZ 85007
Telephone: 602-542-5709
Email: info@azppse.gov
Website: https://ppse.az.gov/