4.5 Complaint Resolution Procedures for Student Organizations
Student organizations are responsible for abiding by University policy, the Code of Student Conduct (Code), and all other agreements between the University and the student organization. Complaints involving a registered student organization will be addressed using the procedures described below. Complaints against individual members of a student organization may also be addressed under the appropriate University policies and procedures (4.5).
The standard of proof used when determining whether a student organization is responsible for a violation of the Code will be the preponderance of evidence, or a ‘more likely than not’ standard. If it is determined that a violation of the Code is more likely than not to have occurred, appropriate educational and disciplinary sanctions will be assigned. If it is determined that it is more likely than not that no violation of the Code occurred, the case will be dismissed.
The Office of Student Conduct and Integrity (SCI) investigates, hears, and makes the decisions for all allegations of misconduct regardless of group involvement or affiliation. The determination of whether a case concerns individual or organizational misconduct will be determined on a case by case basis by OSC. Allegations of organizational misconduct may be adjudicated before, at the same time as, or following related cases of individual misconduct.
Upon receipt of a complaint or other information indicating that a student organization may have engaged in misconduct, SCI will assess the initial report and communicate with the Office of Fraternity and Sorority Life (FSL) and/or Campus Life (CL). All reports of misconduct received by other offices, including FSL/CL, should immediately be forwarded to SCI for review and possible adjudication. SCI will investigate the student organization’s involvement in the alleged misconduct. An Inter/National Headquarters will have the opportunity to co-investigate any alleged misconduct in partnership with SCI when/as appropriate. Membership reviews conducted by Inter/National Headquarters may occur at any time during an investigation. SCI will be in communication with FSL/CL regarding status of investigation and complaint as appropriate.
4.5.1 Notice and Investigation
A Notice of Investigation will be sent notifying the President, Primary Advisor, and Inter/National Headquarters Representative, if applicable, during an investigation. If appropriate, interim and remedial protective measures may be put in place during the investigation process, including a notice to cease and desist organizational operations and activities. In cases of alleged hazing, or as appropriate, University Police will be notified. Interim and/or remedial measures, including but not limited to a cease and desist of organizational operations and activities, may be imposed at any time as appropriate and communicated by the Associate Vice President for Student Affairs or their designee.
The investigation may include, but is not limited to, interviews with any complainants and other witnesses identified as having information relevant to the allegations made, as well as the examination of relevant documents and other information. Information for the investigation may be provided by complainants, the student organization, witnesses identified by any party, or the University. Any person believed to have information relevant to an investigation may be contacted and requested to make an appointment to discuss the matter.
Following the investigation, the investigator will prepare a report of investigative findings, which SCI and FSL/CL will then review. The investigative report will be made accessible to the organization, their primary advisor, and their Inter/National Headquarters Representative, if applicable. The organization and their Inter/National Headquarters, if applicable, will have two weeks to assess the information presented in the investigative report, communicate with members, self-investigate, and/or take appropriate action. Within two weeks of receiving the investigative summary, organizations must submit a response to SCI detailing information learned by the organization and any actions taken.
4.5.2 Finding Determination and Sanctions
The Director of Student Conduct and Integrity, or designee, will review the response to the investigative report as well as the organization response prior to making a finding determination. Within 5-days of receiving the organization response, SCI will either request a meeting to clarify any information in the investigative summary and/or organization response, or notify the organization of a finding. SCI will notify FSL/CL of the finding and recommend appropriate sanctions (Section 5).
Upon receiving the recommendation, FSL/CL will communication with the organizational leadership the outcome of the case as determined by Indiana State University and consider creating a collaborative action plan. The collaborative action plan will consist of input from the organization, SCI recommended outcomes, and Indiana State University administration. Ultimately, Indiana State University will determine the final outcome; however, collaboration will be strongly pursued as appropriate. A final outcome and sanctioning letter will be prepared by SCI and provided to all applicable parties within a reasonable timeframe.
The final outcome letter will include the finding, final sanctions, and any appeal opportunity as appropriate as well as all deadlines applicable within the notice.