
Initiating Action
Interim Measures
Any member of the Dean of Students staff, including OSCCS, Residence Life, Dean on Call, or other administrative units, may impose interim measures on a student or student organization to protect the health, safety, or welfare of the University community and to support a thorough investigation, if needed.
Interim Measures 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
- Suspension of a recognized student organization
- Suspension from the University
If an interim measure is issued while a disciplinary action is pending, such action may remain in effect until the disciplinary process is resolved. An interim suspension of a student from the University may be imposed by the Vice Provost/Vice President for Student Affairs, or designee. Should an interim suspension be issued and resolution of the matter that prompted it not be resolved within two weeks, the interim suspension may convert to an administrative leave of absence.
Participation
The University encourages students and student organizations to participate fully in all aspects of the conduct process. Any student or student organization representative whose presence is required will be excused from other University responsibilities. If a student or student organization elects not to participate in any part of the conduct process, such as submitting a written statement or attending a scheduled meeting, or participate in a scheduled meeting, the hearing officer or hearing body may proceed without their input.
Timeline
In extenuating circumstances, OSCCS has the authority to extend timelines for matters including, but not limited to notices, hearings, and decision letters. In the case of such an extension, OSCCS will notify the relevant parties about the extension. Examples of extenuating circumstances include, but are not limited to, the case's complexity, delays due to holiday or academic breaks, the unavailability of parties or witnesses, inclement weather, medical emergencies, Duke University reading period, Duke University finals period, and other unforeseen circumstances. The phrase “business days” does not include weekends or Duke holidays.
Character Witnesses
A hearing officer may request the presence of any witness with pertinent information about the alleged policy violation. Character witnesses are not permitted. If a witness is unidentified or unavailable to meet separately with the hearing officer, the witnesses' statement may not constitute a sole or substantial basis for determining responsibility.
Review
Investigation
OSCCS staff and/or their designee(s) will gather information regarding the alleged incident in order to determine the appropriate means of resolution.
Investigations may include, but are not limited to:
- Interviews
- A review of related documents
- Requests for written statements from any person involved in the alleged incident
- A review of material available electronically
Students and student organizations are encouraged to be forthright and as specific as possible when offering information related to an investigation but may choose the extent to which they share information.
Cases may be dismissed if there is insufficient information, or they may be referred to an Adaptable Resolution.
Cases may be referred for disciplinary action (such as an Administrative Hearing or Conduct Board Hearing) only when there is sufficient information to reasonably indicate that a policy violation may have occurred and that the Respondent may be responsible.
