Adaptable Resolution: An alternative and/or restorative process used to resolve and respond to issues of student behavior that may or may not involve an alleged policy violation.
Adjudicate: to deliberate on a matter as to whether a student is or is not responsible for an alleged violation of the Duke Community Standard through one of two formal resolution options: an administrative hearing or Conduct Board Hearing.
Administrative Action: An action taken against a student and/or student group by the Vice Provost/Vice President for Student Affairs or their designee to protect the health, safety, or welfare of any university member or community at large. Administrative actions include, but are not limited to, a “no contact” directive, removal of privileges (including access to campus property and/or participation in remote/virtual campus programs), removal from or relocation within the residential community, suspension of activity, and/or suspension from the university. If administrative action is issued while a disciplinary action is pending, such action may remain in effect until the disciplinary process is resolved. For more information on this procedure, please visit the following link.
Administrative Conference: is a non-disciplinary meeting with a hearing officer or designee to discuss the behavior that is of concern.
Administrative Hearing: A formal process for resolving alleged violations of the Duke Community Standard. Administrative hearing involves a discussion between a student/student group alleged to be in violation of university policy and a University hearing officer. The hearing officer is responsible for issuing a determination and outcome, as appropriate.
Advisor: a person identified by the student to assist and guide the student through the disciplinary process including in preparing for Conduct- related meetings. Advisors may attend meetings but do not participate on behalf of the student or address the hearing officer(s). Advisors must be members of the Duke Community (faculty, staff, students) or a trained Community Standard Advisor appointed by the Office of Student Conduct and Community Standards (except in matters involving allegations of sexual misconduct).
Alleged/Allegation: an incident that has been reported indicating behavior that may have violated the Duke Community Standard. In Duke’s conduct process, all behaviors are presumed alleged until due process has been afforded to a student.
Case: refers to the alleged incident (i.e., Incident Report #000324-2023) and serves as the umbrella for all involved students who may have engaged in an alleged policy violation associated with the incident.
Consumption: the eating, drinking, or ingesting of something; or the purchase and use of a good and/or service by a student or student organization
Distributing: to give out or sell (something); deal out.
Due Process: a process in which a student is afforded certain procedural and substantive rights before any determination is made and disciplinary or academic action is placed on the student’s conduct record. For Duke, due process includes a student’s right to the following:
- Notice: to be notified of any alleged violation
- Review of Information: review information and evidence regarding the alleged violation
- Opportunity to be Heard: opportunity to be heard and present information regarding their account of the allegation.
- Advisor: consult an Advisor in preparation for any conduct proceeding
- Witnesses: to identify as witnesses any individual who may have pertinent information about the allegation and have that witness present factual information regarding the alleged violation/incident in question.
- Appeal: seek recourse for findings by requesting the matter be reviewed and heard by the Conduct Board or Appellate Board
Evidence: any document, photo, video, or other item that may be reviewed, analyzed or used to determine facts or prove or disprove the allegations in the case.
Faculty-Student Resolution (FSR): a one-time optional, alternative resolution process available at the faculty member’s discretion for cases of academic dishonesty involving undergraduates.
Finding: the result or outcome of the hearing process determined by a preponderance of information and/or lack thereof. Finding may also be referred to as a “determination” or “outcome.”
Hearing Officer: trained individuals authorized by OSCCS to resolve disciplinary matters through informal or formal resolutions and to impose outcomes when a policy has been violated.
Interim Measure: includes, but is not limited to, a “no contact” directive, removal of privileges (including access to campus property and/or participation in remote/virtual campus programs), removal from or relocation within the residential community, suspension of activity, and/or suspension from the university.
Investigation: a systematic process through which OSCCS staff and/or designee(s) gather information and evidence to establish a timeline of facts and involved parties regarding a reported incident.
Instructor- includes but not limited to: grader, primary instructor, secondary instructor, lab instructor, and teaching assistant (TA)
Manufacturing: the making of goods by hand or by machine that are intended to be sold, distributed, or used.
No Contact Directive: an administrative action that instructs parties to refrain from contacting another in person or virtually, directly or through a third party. Violation of a no contact directive, whether issued as a result of a disciplinary process or issued as a non-disciplinary no contact directive, may result in disciplinary action.
Not Responsible: a finding determined by a hearing officer when there is not a preponderance of information that a student violated the Duke Community Standard or other university policy.
Possession: the act of having, owning, or taking into control.
Pre-Conference: a meeting prior to any formal resolution being conducted between a hearing officer and a student.
Preponderance of Information: Standard of proof used by OSCCS to determine whether or not a student is responsible for a policy violation. This standard of proof is met by the question, “is it more likely than not that an allegation of misconduct occurred?”
Recognized Student Organization (RSO): an entity formed by, comprised of, and led by currently enrolled Duke students only, which may include Duke faculty and/or staff as advisors; that has a defined mission and/or purpose. An RSO must have completed the university registration process and received approval from the University via Student Affairs to operate on campus.
Report: to give a spoken or written account of something that one has observed, heard, done, or investigated
Respondent: any student or student organization accused of violating the DCS Guide
Responsible: a finding determined by a hearing officer when there is a preponderance of that a respondent violated university policy.
Restitution: payment for all or a portion of injury or damages to person(s) or property caused by an individual (s) or a student group.
Retaliation (as defined by PPDHRM): an adverse action or other form of negative treatment, including but not limited to intimidation, threats, coercion, discrimination or harassment, carried out in response to: a good-faith reporting of or opposition to discrimination, harassment, or related misconduct; an individual’s or group’s participation, including witnessing or assisting in Duke’s disciplinary process or response to a report; an individual’s or group’s refusal to participate in Duke’s conductor investigative processor response to a report; or other form of good faith opposition to what an individual reasonably believes to be an alleged violation. To be a Policy violation, the challenged actions or treatment must be sufficiently serious to discourage a reasonable person from further reporting, participation, or opposition. Charging an individual with a Policy violation for making a materially false statement in bad faith in the course of Duke’s disciplinary process or investigative process or in response to a report does not constitute Retaliation.
Outcome: an assignment issued to a respondent by a hearing officer that gives the student a specific status in the conduct office and requires action on behalf of the student
Violation: is the act of doing something that is not allowed or prohibited within but not limited to the Duke Community Standard and all policies and regulations within Duke University.
Witness: an individual who has direct knowledge of an alleged incident and/or had direct contact with an individual involved in the alleged incident, before, during or after. For example, assume a physical altercation between two students named Pat where both were allegedly intoxicated. In this case study, the following witnesses would be permitted:
- An individual who actually saw the altercation happen.
- An individual who was with Pat earlier in the night and was aware of how much alcohol Pat consumed.
- An individual who came across Pat at the end of an altercation and noticed Pat's condition.
- An individual who was approached by Pat immediately after the incident and Pat shared specific details of what happened.