The Conduct Board (CB) is a group of students, faculty, and staff appointed to hear alleged infractions of university policy. The board is charged with determining whether a student’s/student group’s actions constitute a violation of university policy and, if so, an appropriate response. In determining an appropriate response, consideration is given to the student’s/student group’s interests as well as the university’s interest in maintaining high standards.

All CB hearings are conducted in private. Any student whose presence is required at a hearing will be excused from any other university responsibility.

Respondents, complainants, advisors, and/or witnesses may not bring devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) into a hearing room, unless authorized by the hearing panel.

Respondents

Accused students/student groups are entitled to the following procedural rights in a hearing before the Conduct Board:

  •  to be informed that the student/student group is under investigation;  to seek advice from anyone;
  • to seek advice from a trained advisor made available by the university;  to be given an opportunity to respond to allegations;
  • to choose the extent to which the student/student group shares information;
  • to be notified of a hearing at least 120 hours (five days) in advance (notification will include the time, date and location of the hearing as well as names of hearing panel members and witnesses);
  • to challenge any panel member if there is a significant conflict of interest;
  • to know of and review in advance written information and allegations presented to the hearing panel;
  • to be accompanied by an advisor to the hearing (who must be a member of the university community [defined below], except in matters involving allegations of sexual misconduct, in which case a student may select any advisor of the student’s choice);
  • to an equitable and impartial hearing;
  • to rebut any witness testimony presented against the student/student group;
  • to present additional witnesses or information at the hearing (the relevancy of which may be determined by the hearing panel);
  • to be found responsible only if the information meets a preponderance of information threshold; and
  • to appeal based upon clearly stated grounds.

Complainants

Students serving as complainants are entitled to the following procedural rights when participating in a hearing before the Conduct Board:

  •  to be informed that the respondent is under investigation;  to seek advice from anyone;
  • to seek advice from a trained advisor made available by the university;
  • to be given an opportunity to articulate relevant concerns and issues and offer evidence pertaining to allegations;
  • to be notified of a hearing at least 120 hours (five days) in advance (notification will include the time, date and location of the hearing as well as names of hearing panel members and witnesses);
  • to challenge any panel member if there is a significant conflict of interest;
  • to know of and review in advance written information and allegations presented to the hearing panel;
  • to be accompanied by an advisor to the hearing (who must be a member of the university community [defined below], except in matters involving allegations of violation(s) of the Policy on Prohibited Discrimination, Harassment, and Related Misconduct, in which case a student may select any advisor of the student’s choice);
  • to an equitable and impartial hearing;
  • to present additional witnesses or information at the hearing (the relevancy of which may be determined by the hearing panel); and
  • to appeal a decision in cases of violations of Policy on Prohibited Discrimination, Harassment, and Related Misconduct based upon clearly stated grounds.

Advisors

Respondents and student complainants are encouraged to seek advice and support from whomever they choose throughout the conduct process. Only a university community member may accompany a respondent or a student complainant to a CB hearing.

A university community member is defined as a current student, faculty, or staff member currently employed by the university. In matters involving allegations of protected class discrimination and/or harassment, a complainant and respondent may bring an advisor of their choice to a CB hearing or any meeting. For fraternities and sororities, the advisor may also be the chapter advisor. The advisor may not be a member of the CB and may not serve as a material or expert witness. The role of the advisor is to assist and support the student/student group through the disciplinary process. The advisor’s role in a hearing is limited to quietly conferring with the student through written correspondence or whisper, and the advisor may not address any other participant or the hearing panel.

Community Standards advisors (CSA) are trained student, staff, and faculty advisors who are valuable resources and are thoroughly familiar with the conduct process. If a respondent/complainant cannot identify a member of the university community member, a respondent/complainant may request a CSA from the Office of Student Conduct and Community Standards via email (conduct@duke.edu).

Notice

A respondent and complainant, when applicable, will be notified of a CB hearing at least 120 hours (five days) in advance. The notice will include the date and time of the hearing, the specific charges at issue, and the names of the panel members and witness(es).

At times of the year when 120 hours of notice is not practical due to a student’s pending graduation, study abroad, or participation in a university-sponsored activity (e.g., DukeEngage), a student must either waive this right or not participate in the pending activity until the matter is resolved.

A respondent and complainant, when applicable, will also receive in advance of the hearing access to the written information given to the hearing panel. The hearing officer may include information clarifying or noting any additional information gathered through the investigation without expressing any personal opinion about the merits of the case.

In cases not involving allegations of protected class discrimination and/or harassment, any additional material not included in a hearing packet that a complainant or respondent wishes to have reviewed by the hearing panel must be submitted to the Office of Student Conduct and Community Standards no later than 72 hours before the hearing. If deemed relevant by the Office of Student Conduct and Community Standards, that material will be shared with the complainant/respondent and the hearing panel.

Upon proper notice, if the student/student group fails to attend the hearing, the hearing panel may proceed in their absence.

Hearing Panels

Hearing panels charged with determining a finding and an outcome (or an outcome-only) shall consist of three individuals consisting of students, staff, and faculty selected from the CB. (In some circumstances, the hearing officer may choose to utilize a five-person panel to determine a outcome in a outcome-only hearing.)

A respondent and complainant, when applicable, may challenge the participation of a panelist because of perceived conflict of interest, bias, or prejudice. Such challenges, including rationale, must be made within 48 hours of notification of the names of the hearing panelists. At its discretion, the Office of Student Conduct and Community Standards will determine whether such a conflict of interest exists and whether a panelist should be replaced. A hearing may be postponed if a replacement panelist cannot be immediately identified.

At times of the year when regular panels are not available (e.g., during the summer or semester breaks), the hearing officer may appoint a special hearing panel, which may include members of the university community who are not part of the Conduct Board or may have a different composition of students/faculty/staff than panels held during the normal academic year.

Hearing Facilitator

A staff member from the Office of Student Conduct and Community Standards or designee serves as a hearing facilitator and is a non-voting presence in the hearing.

Witnesses

The hearing officer may request the presence of any witness with pertinent information about a case. Character witnesses are not permitted. If a witness is unidentified or unavailable to attend the hearing, the witness’s statement may not constitute a sole or substantial basis for determining responsibility. If the witness is necessary and unidentified or unavailable, the hearing officer or the chair of the hearing panel may suspend or dismiss the proceedings.

The respondent and complainant may bring relevant material witnesses to speak on their behalf. Absent exceptional circumstances, the respondent and/or complainant should inform the hearing officer in writing at least 72 hours before the hearing of the witnesses' names and what they will attest. The panel may determine the extent to which witnesses will be permitted in the hearing, including the relevancy of questioning and information presented.

Electronic Devices

A respondent, complainant, advisor, and/or witness may not utilize electronic devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) into a hearing room, unless authorized by the hearing panel. The Office of Student Conduct and Community Standards will make an audio recording of the hearing to be kept on file for three years.

Reasonable care will be taken to create a quality audio recording and minimize technical problems; however, technical problems that result in no recording or an inaudible one will not be a valid argument for appeal.

Hearing Procedure

The general course of procedure for a CB hearing is as follows: introductions; opening comments from the complainant(s) (if applicable); opening comments from the respondent; questions; testimony/questions of other material witnesses (if applicable); closing comments from the complainant (if applicable); closing comments from the respondent. 

The panel may impose time limits on any stage of the procedure. The panel may also determine the relevance of any witness or information to be presented and/or considered by the hearing panel.

Information to be Considered by the Panel

The panel may consider any information it deems relevant, including documentation and expressions of opinion. If the panel needs additional information during a hearing, such as verification of a fact at issue, an expert opinion, etc., the panel may request such information and may suspend its decision until such information is obtained. The respondent will have the right to respond to any additional information that is to be used in considering an outcome.

Outcome

The panel will consider all relevant information provided before and/or during the hearing and reach its determination based on a preponderance of information. The panel may find a student/group responsible for an alleged violation by majority vote.

Upon finding a student/student group responsible for a violation of university policy, the panel may determine and impose (an) appropriate outcome(s).

Consideration may be given to the nature of and circumstances surrounding the violation, the student’s/student group’s acceptance of responsibility, prior disciplinary violations, the impact of a outcome on the student/student group, precedent cases, university interests, and any other information deemed relevant by the hearing panel.

All outcomes must be decided by majority vote with the exception of suspension or expulsion of an individual or de-recognition of a student group. The outcomes of suspension or expulsion of an individual or de-recognition of a student group must be supported by a unanimous vote by the panel.

Notification and Record of the Hearing Outcome

Within five (5) business days of the conclusion of the hearing, the panel chair and/or the hearing officer, will provide the parties with verbal notification of the hearing outcome. Within ten (10) business days of the conclusion of the hearing, the parties will be provided with written notification of the hearing outcome. The written hearing outcome will contain a brief explanation of the panel’s reasoning.