OSCCS, in conjunction with involved students, may choose to use an adaptable resolution (non-disciplinary) and/or restorative process to resolve and respond to issues of student behavior that may or may not involve an alleged policy violation. If the resolution process is unsuccessful, the matter may be referred to the formal conduct process. Records of an adaptable resolution will be kept internally and will not be considered part of a student’s reportable disciplinary record, unless otherwise specifically stated. An adaptable resolution may include one of the following:
ADMINISTRATIVE CONFERENCE
An Administrative Conference is a non-disciplinary meeting with a hearing officer to discuss a student or student organization's alleged behavior of concern. Although the administrative conference is not disciplinary, OSCCS may utilize any details gathered during the meeting for future instances of similar concerns by the student or student organization.
During an administrative conference, the student or student organization will be informed about the provisions of the DCS that could be violated if the alleged behavior continues. The hearing officer may also suggest helpful resources for the student or student organization and address any further concerns.
AMNESTY PROVISION
The health and safety of every student within the Duke University community is of the utmost importance. The University recognizes that students who have been endangered by alcohol intoxication, drug use, (whether voluntary or involuntary), hazing, or other health risks may be hesitant to seek help or report incidents due to fear of potential consequences for their conduct.
To encourage reporting dangerous behaviors and seeking timely medical assistance, the University has established this Amnesty Provision. This Provision is designed to encourage students and student organizations to prioritize safety and seek help in a timely manner without fear of disciplinary action under the Alcohol, Drug, and Hazing University policies.
Students are strongly encouraged to call 911 or Duke University Police (919-684-2444) if they or someone else is experiencing a health or safety emergency. The University’s top priority is to ensure that students receive the medical attention they need without fear of disciplinary consequences for seeking help.
The Amnesty Provision does not mean students or student organizations get a “free pass” or avoid accountability. Instead, this policy provides an opportunity to address issues through an educational process that focuses on growth, safety, and responsibility. Through this process, students and student organizations work in partnership with the University to explore the underlying causes of the concerning behavior, reflect on its impact, and develop skills or strategies that support their well-being as members of the University community.
FACULTY-STUDENT RESOLUTION (FSR)
A FSR is a one-time optional resolution process for minor and appropriate cases of academic dishonesty involving undergraduates where students accept responsibility for the allegation and agreed upon resolution with their course instructor/faculty member via Adobe Sign.
The course instructor /faculty member must submit an Academic Dishonesty Referral Form for any alleged violation of the Academic Dishonesty Policy. OSCCS is available to consult with course instructor/faculty member regarding the appropriateness of a referral based on the nature of the alleged violation and to provide information about any prior academic dishonesty violations involving the student. A student may not drop, change course grading to S/U or withdraw from the course once a report of alleged academic dishonesty has been submitted and/or resolved.
If a student does not have a prior academic dishonesty violation and OSCCS determines that the alleged misconduct is minor and appropriate, the matter may be resolved through an FSR meeting with the course instructor/faculty member, the student, and OSCCS (in an observational role), conducted either in person or via Zoom.
A FSR may result in a reduced grade on the assignment, a reduced grade in the course, additional assignments, and/or other educational initiatives. The course instructor/faculty member must ensure that any agreed upon terms for the resolution, whether discussed in person, or zoom, comply with applicable grading policies in the course syllabus.
If a student accepts responsibility for violating the Academic Dishonesty by signing an FSR via Adobe Sign, both the student, the course instructor/faculty member, and OSCCS will receive a copy via their Duke email addresses. The signed FSR will contain a summary of the incident, the mutually agreed grading, educational, and/or or additional assignment outcomes, and the signatures of all involved parties. OSCCS will notify the student’s academic dean for record-keeping purposes.
An FSR will not become part of the student’s reportable disciplinary record unless the student commits a subsequent academic dishonesty violation. In such cases, both violations will be documented in the student’s disciplinary record. If a student elects not to sign an FSR via Adobe Sign, OSCCS will conduct adjudication through a hearing.
MEDIATION
Mediation is a process that empowers students to resolve their own disputes. Through mediation, a neutral third party assists students in coming to a peaceful and agreeable solution. The University encourages informal mediation whenever practical or appropriate. Students interested in mediation to resolve a conflict should contact the OSCCS. Staff within the OSCCS may also refer cases to mediation as appropriate. Ultimately, all parties involved must agree to mediation. If one party does not agree to mediation, or if the mediation fails, OSCCS may refer the case to a disciplinary process if it involves allegations of a University policy violation(s). Failure to comply with the results of mediation will initiate the disciplinary process.
RESOLUTION THROUGH AGREEMENT
If a student/student organization accepts responsibility for (an) alleged violation(s), the hearing officer may propose (an) appropriate outcome(s) based on the specifics of the case, precedent and University interests. If the student/student organization accepts responsibility and agrees to the proposed outcome(s), the student/student organization waives their right to a hearing and/or appeal, the resolution becomes final, and the outcome is recorded on the student’s/student organization’s disciplinary record.
If the student/student organization accepts responsibility but is unable to agree to the proposed outcome(s), the case will be forwarded to a hearing to determine (an) appropriate outcome(s). If the student/student organization denies responsibility, the case will be forwarded to a hearing to determine responsibility and (a) outcome(s) as appropriate.
RESTORATIVE PRACTICES
OSCCS uses practices derived from restorative justice principles, which may not align with typical restorative justice procedures, to address instances of conflict that arise in the community. The purpose of a restorative process is to bring together all parties involved in an incident for the purpose of addressing the harms associated with the conflict.
This affords the opportunity for discussion of varying points of view and an opportunity to gain a better understanding of those involved. This may include restorative conversations, circles, and/or other processes to address harm that has been caused.