Disciplinary Procedures

Complainants, victims, witnesses, and respondents play specific roles within the student conduct process at 
the University of South Alabama. Complainants, victims, witnesses, and respondents who are unable to meet 
in person (e.g., online students) for meetings, hearings, or appeals may arrange a web-conference, 
telephone conference, or another form of synchronous communication approved by the Dean of Students. 

a. Temporary Disciplinary Actions 
1. Holds – Student Conduct may place a hold on a student’s academic record at any point during 
the student conduct process to ensure compliance with conduct outcomes and/or pending the 
resolution of the student conduct process. The hold will be released when the terms and 
conditions of the conduct outcomes have been satisfied and/or the student conduct process has 
been completed. In cases in which a student is expelled from the University, the hold will 
permanently remain on the student’s academic record to ensure the student does not re-enroll. 
2. No Contact Directive – The Student Conduct Administrator (SCA) or the Vice President for 
Student Affairs/Dean of Students or their designee may issue a “no contact” order between two or 
more parties. The “no contact” directive instructs the parties to refrain from:
a) approaching one another at any time; 
b) calling one another at any time; 
c) sending via email, campus, or regular mail anything to one another; 
d) contacting or communicating with one another, including through social media or a third 
party, in any way at any time. 
e) Contacting the immediate family of the other party in any way at any time. 
3. Interim Suspension/Restriction – The Dean of Students or their designee may suspend or restrict 
a student from specific areas of the University, or from the entire University, for an interim 
period of time pending disciplinary proceedings, criminal proceedings, or a medical evaluation, 
effective immediately and without prior notice, whenever there is an indication that the 
continued presence of the student poses a substantial and immediate threat to themselves, to 
the safety and well-being of members of the University community, to the preservation of 
University property, or of interference with the normal operation of the University.
4. RSO Cease and Desist Order- The Dean of Students or their designee may issue a cease and 
desist directive requiring a group, or organization to immediately stop specific actions or 
behaviors that may violate University policies or pose a threat to the safety, security, or well-being of the campus community. A cease and desist order may include, but is not limited to, restrictions on communication, event participation, organizational activity, or access to certain 
areas of campus. Failure to comply may result in further disciplinary action.

In the event a student is suspended or restricted on an interim basis pending an evaluation, the University will 
conduct an individualized assessment of the student that relies upon current medical knowledge or the best 
available objective evidence, to ascertain: 
(1) the nature, duration, and severity of the risk justifying the student’s exclusion from the specific area of the 
University; 
(2) the probability that the potential injury will actually occur; and 
(3) whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or 
services will mitigate the risk presented by the student. The individualized assessment will be conducted by 
the University with the student’s consent. If the student does not consent to an individualized assessment, the 
University will conduct a limited evaluation of whether, based upon the information available to it and in its 
reasonable judgment, an individual poses a direct threat to the health or safety of others. 

A student suspended or restricted on an interim basis shall be given a prompt opportunity to appear before 
the Dean of Students or their designee, and the University Behavioral Assessment Team in order to discuss 
only the reliability of the information concerning the student’s conduct, including the matter of their identity, 
or whether the conduct and surrounding circumstances reasonably indicate that the continued presence of 
the student on University premises poses a substantial and immediate threat. This opportunity should be 
offered within seventy-two (72) hours of the interim suspension/restriction being issued. An interim 
suspension/restriction may be lifted through this process. 

By law, parents of college students may not be notified of most violations of the Code of Student Conduct 
without permission of the involved student(s). However, by law, the following exceptions are permitted: 
● For students under the age of 21, there may be a notification of parents with every responsible finding 
of: 
○ 5q Controlled Substances 
○ 5r Intoxication 
○ 5t Violation of the University Alcohol Policy 
In all cases, notification will come only from the Dean of Students or their designee. If a student under the age 
of 21 can verifiably demonstrate that they have been emancipated from their parents, and the Registrar’s 
records show that the student’s and the parents’ home addresses are different, parental notification may not 
be necessary. 
b. Filing a Complaint 
Any member of the University community may initiate a complaint against a student or student organization 
for an alleged violation of the Code of Student Conduct. To file a complaint, you can fill out the incident report 
form available on the Student Conduct webpage, call 251-460-6172, or visit the Office of Student Affairs.
c. Review of Alleged Charges 
The decision to pursue charges is made by the SCA or the Vice President for Student Affairs/Dean of Students 
or their designee. A decision not to pursue charges may be appealed to an ad hoc committee (appointed by 
the Dean of Students) of the University Disciplinary Committee (UDC). The SCA may issue a written warning to 
the respondent, even if charges are not pursued. 
The UDC, appointed annually by the University President or their designee, is the body that hears and makes 
recommendations regarding charges of violation of the Code of Student Conduct when the charges are not 
resolved in the informal process discussed below. This committee of two to five students and a faculty or 
staff/administrator (except in charges of sexual misconduct office where the UDC will have two to five 
students and two to four faculty or staff/administrators) is chaired by the non-voting SCA or a designee of the 
Dean of Students. 
 
No individual or organization can force charges to be filed, and while participation by complainants, witnesses, 
or victims is encouraged, their participation is not necessary for charges to be filed and an action pursued. 
d. Notification of Alleged Charges 
Should the information available be sufficient to issue charge(s), the SCA will send a notice of charge(s) to the 
accused party, who upon the sending of a notice of charges becomes a respondent. Notice of charges shall 
include formal written notification of alleged violations, including the alleged behavior and the policies alleged 
to be violated. 
In cases involving more than one respondent or an organization in the same fact pattern, an SCA may permit a 
facilitated informal conference or a hearing concerning the involved parties to be conducted either separately 
or jointly. In cases where the victim is not the complainant, the Student Conduct Office will notify the victim 
that a complaint has been filed and offer for that person to participate in the process. 
 
Upon the notification of charges, a complainant shall be named. In many cases involving individual student 
behavior, the original complainant is the victim. 
 
The Student Conduct Office may assist in identifying a member of the University community to serve as the 
complainant under one or more of the following conditions: 
● There are multiple acts by the same party that form a pattern of behavior that could constitute a 
violation. 
● There are multiple complainants or multiple complaints regarding the same party that arise out of the 
same fact pattern. In this instance, the SCA may select one of the complainants or another member of 
the University to represent the case. 
● The SCA determines it is in the best interest of the university community to charge a student/student 
organization and a complainant has not been identified. 
● When a complainant withdraws due to coercion or intimidation. 
● When a charge of Sexual Misconduct may be involved.
A University official who is appointed to serve as the complainant may not otherwise be involved in the case 
(e.g., as an investigator, Hearing Panel member, Appeals Panel member, etc.). 
e. Postponing or Dismissing Alleged Charges 
Student conduct proceedings and actions are not subject to challenge or postponement on the grounds that 
criminal or civil charges involving the same incident have been dismissed, reduced, or are pending. No 
individual can force student conduct charges to be dropped. 
f. The Student Conduct Hearing 
Prior to any disposition of charges, either through the informal or formal processes discussed below, separate 
meetings will be scheduled with the SCA for any responding student/student organization and the 
complainant or victim to review key facts and issues that will be presented at the hearing, to exchange 
information as to witnesses likely to be called, and to answer questions. These meetings will not be used to 
resolve the alleged Code violation. 
 g. Limited Amnesty 
The University recognizes that an individual who has been drinking alcohol or using drugs may be hesitant to 
report misconduct arising from the same setting where the alcohol or drugs were consumed. To encourage 
reporting, the University will not take disciplinary action for drug or alcohol use against an individual who 
makes a good faith report of misconduct, either as the reporter/complainant or as a witness, provided that 
these conduct violations did not and do not place the health or safety of any other person at risk.

The University’s commitment to amnesty in these situations does not prevent action by local police or other 
legal authorities against an individual who has illegally consumed alcohol or drugs; however, the University 
will not report the drug or alcohol use to local law enforcement unless such use places the health or safety of 
any other person at risk.

Participating as a Respondent 
A student charged with violating the Code of Student Conduct has two hearing options. In most instances of 
minor violations where the responding student agrees that the complainant’s charges are basically correct and 
both parties agree, Option 1 may be utilized. In more serious incidents or when facts are disputed, Option 2 
may be utilized. 

Option 1 is an informal proceeding and includes a discussion between the respondent and the SCA, after the 
SCA has met with the complainant. Witnesses are not called; however, the complainant may be asked to be 
present at the meeting. The SCA, at their sole discretion, may obtain information from other sources prior to 
this proceeding. Cases will be investigated and may be determined in absentia based on information gathered 
and/or submitted when a student and/or organization does not respond to a notification letter. 

Option 2 is a formal hearing before the UDC and is chaired by a non-voting, non-deliberating SCA. A formal 
hearing may involve the presentation of witness testimony by both the complainant/victim and the 
respondent. Both the complainant/victim and the respondent may question all witnesses presented. If the 
UDC, after deliberations, finds that the responding student is responsible for violating the Code of Student 
Conduct, the UDC will make recommendations to the SCA regarding the sanctions to be imposed. 

Participating as a Witness 
Witnesses to alleged violations of the Code of Student Conduct are contacted by one of four parties: the 
respondent, the complainant, the alleged victim, or the SCA. When contacted, witnesses will be given a time, 
date, and location of the hearing. A witness may refuse to participate or may participate in the following 
manner: 
● In writing, by providing a statement of fact before the hearing. 
● In writing, by answering written questions posed during the hearing. 
● In person, by attending the hearing and answering questions during the proceeding. 

Participating as a Complainant 
Complainants of alleged violations of policy have specific rights. They may choose to participate, or not, as a 
complainant and/or witness. They also have the option of scheduling a pre-hearing conference prior to either 
the informal or formal hearing. In this conference, the SCA will fully explain the judicial process, answer 
questions the complainant may have, discuss options for participating in the hearing, and help coordinate 
possible hearing dates and times. The complainant is also given an opportunity to provide an impact 
statement to be placed in the respondent’s disciplinary file, should the respondent be found responsible, with 
the understanding that the respondent has the right to review such information. The complainant shall have 
the right to be visually screened from the respondent. The complaint may request to be provided the 
determination of the informal hearing during their pre-hearing conference.

Victim’s Rights in Student Conduct Hearings 
Victims of alleged violations of the Code of Student Conduct have the following rights with respect to either 
hearing option 1 or option 2. 
● The right to a prompt, fair, and impartial process from the initial investigation to the final result. 
● The right not to attend a formal hearing. 
● The right to have an advisor, as defined in Hearing Procedures (7g) Option 2, accompany them during 
any conduct proceeding. 
● Prior to the student conduct hearing, the right to request immediate on-campus housing relocation 
(based on availability), transfer of classes or other steps to prevent unnecessary or unwanted contact 
or proximity to the accused, and enforcement of orders of protection such as “no contact” orders 
when such contact is likely to place the victim in danger of bodily injury and/or cause the victim severe 
emotional distress. The University will maintain confidentiality of any accommodations or protective 
measures provided to a victim, to the extent that maintaining such confidentiality would not impair the 
ability of the institution to provide the accommodations or enforcement of protective measures. 
g. Hearing Procedures 
1. Option 1 is an informal hearing and includes a discussion between the respondent and the SCA
after the SCA has met with the complainant. Witnesses are not called; however, the complainant 
may be asked to be present at the meeting. The SCA, at their sole discretion, may obtain 
information from other sources prior to this proceeding. Cases will be investigated and may be 
determined in absentia based on information gathered and/or submitted when a student and/or 
organization does not respond to a notification letter.
2. Option 2 is a hearing before the UDC and is chaired by a non-voting, non-deliberating SCA. 
Whenever a formal hearing is to be held regarding an alleged incident of non-academic prohibited 
conduct, the respondent and the complainant shall be given ten (10) business days written notice 
of the charges alleged against the respondent and of the date, time, and place of the hearing. The 
terms “notify in writing” or “transmit in writing” mean to email written notice to the student’s
university email account. Every effort shall be made to set a hearing date that is convenient to all 
parties concerned. Once the date is set, the SCA, the respondent, or the complainant/victim may 
request either a new time or date due to changing circumstances; however, the decision to 
approve any requested change is solely the prerogative of the SCA. 

The hearing shall be conducted by the SCA and be casual in nature, and legal rules of evidence shall 
not apply. The hearing shall be closed to everyone except the SCA, members of the UDC, the 
respondent, the complainant and/or victim, and advisors to the respondent and the complainant 
and/or victim. Witnesses will be present only during their own testimony. The complainant/victim 
and the respondent, have the right to: 
• Be present at the hearing. However, if either or both the complainant/victim and the 
respondent fail to appear at the hearing, the hearing may be held in the absence of 
either or both of those individuals. 
• Present evidence by witness or by affidavit if a witness is unable to attend the hearing. It 
is the responsibility of the respondent and the complainant/victim to notify their 
witnesses of the date, time, and place of the hearing. If witnesses fail to appear, the 
hearing shall be held in their absence. 
• Be assisted by an advisor of their choice, at their own expense. The advisor must be a 
member of the University community. “Member of the community” is defined as any 
student, faculty, or staff member who is currently attending or working at the University
and who is able to abide by the confidentiality requirements of the hearing process. 
• The complainant/victim and respondent are responsible for presenting their own 
information; therefore, advisors are not permitted to speak or to participate directly in 
the hearing. Advisors may speak quietly to the individual they have accompanied if it 
does not impede the flow of the hearing, as determined by the SCA. Delays in hearing 
dates will not be allowed due to the scheduling conflicts of an advisor. If the 
complainant/victim or the respondent is a party to criminal indictment arising out of the 
same circumstances, each is allowed to have an attorney serve as their advisor, at their 
own expense. As with any other advisor, attorneys may not address the UDC unless 
invited to do so by the SCA, nor may attorneys participate in the examination of 
witnesses or presentation of materials or information. 
• Question all witnesses. In the case of multiple participants in code violations, the SCA
may decide to hear the cases separately or collectively. 
• Offer pertinent records, exhibits, and written statements for consideration by the SCA at 
their discretion. After the hearing, the UDC shall meet in private to determine whether 
the evidence/information presented or received by the UDC during the hearing proved 
that it is more likely than not that the respondent violated one or more sections of the 
Code. 
• There shall be a single verbatim record, such as a tape recording, of all formal hearings. 
This record does not include deliberations of the UDC. This record, along with any 
evidence or transcripts, is the property of the University. A complainant/victim or 
respondent may review the contents of their file through the Dean of Students Office. 
h. Hearing Decisions 
In determining whether or not a violation of the Code of Student Conduct has been committed, the UDC, SCA, 
or other appropriate hearing committee will base its determinations on the standard of preponderance of 
evidence. The respondent and complaint/victim will receive a written statement of finding with sanctions, if 
applicable, within ten (10) business days. Pursuant to the Family Educational Rights and Privacy Act of 1974 
(FERPA), student disciplinary hearing records are protected as education records and may not be disclosed 
without the student’s consent. However, the purported victim of the alleged conduct may be notified of the 
final result of the disciplinary hearing if it is alleged that the respondent committed a crime of violence or a 
non-forcible sex offense. Additionally, the final result of the disciplinary hearing may be released to anyone –
not just the alleged victim – if the respondent is found responsible for committing a crime of violence or a 
non-forcible sex offense. Subject to these requirements, the respondent will receive a written statement of 
findings with sanctions, if applicable, within five (5) business days of the conclusion of the hearing. The 
complainant / alleged victim will only receive the final result of the disciplinary hearing, which may include 
only the respondent’s name, the alleged violation, the determination, and any applicable sanctions. 
i. Disciplinary Sanctions 
If the hearing decision is that the respondent has committed conduct prohibited in Section 5, the SCA shall 
consider the recommendation of the UDC and impose one or more appropriate disciplinary measures. 
Disciplinary sanctions may include, but are not limited to, the following: 
• Community Service – A specified number of hours that a student works for a community service agency 
or a department on campus. Under direct supervision, the student performs their community service 
hours without compensation. Hours performed in this fashion may not count towards organizational 
service hours. 
• Conduct Probation – A student on conduct probation is deemed not to be in good judicial standing with 
the University and conditions may be imposed at the time the student is placed on conduct probation. 
If the student is found in violation of the Code another time prior to the completion of the 
probationary period, they may be subject to either suspension or expulsion from the University 
through the above-described disciplinary procedures. The duration of the probation period and 
conditions imposed will be commensurate with the degree of seriousness attached to the misconduct. 
Beginning and ending dates will be specified. 
• Educational Program or Assignment – Participation in educational programming, reflection pieces, or 
other activities that are designed to develop and/or expand a student’s understanding of a University 
rule or policy and/or support the student’s learning in relation to the rule or policy that was violated. 
• Expulsion – Permanent deprivation of the respondent’s opportunity to continue as a member of the 
University community. Individuals who return to University property, buildings, or facilities after notice 
of expulsion may be subject to criminal trespassing charges. 
• Fines – Monetary fines may be levied against the student for violations of certain policies and 
procedures at the discretion of the SCA. 
• Registration – Registration for subsequent terms, the conferral of the degree, and/or the release of 
transcripts may be withheld until all disciplinary measures have been concluded and any conditions 
imposed by the University have been fulfilled. 
• Removal from University Housing – Requires that the respondent move off campus. Beginning and 
ending times will be specified. Individuals who enter University Housing facilities after notice of 
removal may be subject to criminal trespassing charges. 
• Restitution for Damages – In addition to the penalties described above, a student may be required to 
pay compensation for damage to University property; however, such compensation shall be limited to 
the actual cost of repair or replacement of such property. Failure to comply with this sanction by a 
specified date may result in placing a “hold” on the student’s records and further disciplinary action. 
• Restrictions – Limiting of certain privileges or practices of the individual(s) involved in the offense (e.g., 
restriction from representing the University in any official function or leadership position; or issuing a 
restriction for a particular building or space to the individual(s)). 
• Room Transfer – Requires the respondent to move rooms or areas to reduce the chances of additional 
problems. Conduct probation will accompany such a move. 
• Suspension – Removal of an individual or RSO from the University for a period of time. The duration of 
the period of suspension shall be commensurate with the degree of seriousness attached to the 
misconduct. A suspension may be imposed for a given period. Individuals who return to University 
property, buildings, or facilities after notice of suspension may be subject to criminal trespassing 
charges. 
• Written Reprimand – A formal and official recognition of misconduct. Its intent is to declare that the 
behavior displayed in the subject incident was inappropriate within the University community. Actions 
in violation of the Code of Student Conduct in the future may result in a more severe disciplinary 
sanction. 

In each case where the hearing decision results in separation from the University, the Office of the Dean of 
Students shall notify the dean of the academic unit in which the student has been enrolled.