In order to initiate a formal complaint through the Office of Student Conduct, a student must submit a complaint. When a complaint is filed, a Conduct Officer will meet with the alleged victim and the alleged violator separately to explain the policy and procedure, and provide a written copy of the parties' rights and responsibilities.
Preponderance of evidence is the level of proof used in administrative hearings. This requires proof above probable cause, but less than that to prove beyond a reasonable doubt. In general terms, based on the evidence, Conduct Officers and University Student Conduct Board (USCB) members determine if it is more than likely than not (over 50%) that the person is responsible for a violation.
If a criminal investigation is under way or if the student has chosen to file a complaint with the police or the District Attorney's (DA) office, the University disciplinary procedure will continue unless the alleged offender chooses to opt for a Voluntary Disciplinary Withdrawal pending the outcome from the DA's office.
University complaints may only be brought against students who are currently enrolled or on leave, but eligible to return. To institute formal legal proceedings outside the University, the reporting student needs to file a written complaint with the University Police Department or other law enforcement within the jurisdiction where the incident occurred.