Code of Student Conduct
At Hawai‘i Pacific University, we care about each student and are committed to providing an environment conducive to learning. Inherent in this is the expectation that students act in accordance with shared community values (Pono, Kuleana, Aloha), abide by university policies, report to HPU when they observe others violating those rules, protect the health, safety and well-being of the community, and act with integrity and respect toward other persons, property, and the community.
1. Purpose of the Code
The purpose of the Code of Student Conduct is to provide general notice of the expectations for HPU students, to articulate the University’s procedures for resolving violations and conflicts, and to educate students about the impact of their behavior on others. This is a University administrative document rooted in education and community. As members of the HPU community, students are responsible for reviewing, understanding, and abiding by this Code and HPU’s policies.
The Code of Student Conduct applies to all students, including those taking courses at HPU and those who are not presently enrolled but remain eligible to enroll, as well as students who have been notified of their acceptance for admission. Persons who withdraw or attempt to withdraw after allegedly violating university policies will be governed by the Code until such matters are finally resolved. Persons who seek to rejoin the University must first resolve any such matters. The completion of resolution or outcomes may be conditions of return to the HPU. While a matter is pending or in process, the university may proceed with resolution based on available information. If allegations of a violation cannot be resolved prior to a student’s intended graduation date, HPU reserves the right to withhold a student’s degree until after the matter has been finally resolved if the student has been deemed otherwise eligible to receive an HPU degree.
University policies and resolution processes include behavior that occurs (1) on university premises, (2) at university-sponsored or university-supervised activities, whether on or off campus, (3) on electronic networks or social media, or (4) off campus and/or unconnected to a university activity if, in the judgment of the university, the violation adversely impacts the university community or its educational interests and objectives.
2. Interpretation and Revision of Regulations
The university’s conflict resolution processes are educational, rather than punitive, and are internal to the university. They are designed to be developmental and community-based, rather than adversarial or litigious. As this is not a legal proceeding, this Code does not, nor is it intended to, afford the specificity or the due process rights of criminal or civil statutes and procedures. The rules of evidence do not apply in student conduct proceedings. Questions about the interpretation or application of the Code and other university policies within the “Student Handbook” can be directed to the Provost for academic and nonacademic misconduct. The Code shall be reviewed every year under the direction of the Provost or designee.
3. Participation in Resolution Proceedings
Student participation in the Code of Student Conduct process is critical in making decisions about violations and how community harm should be redressed. Participating in the conflict resolution process and reporting violations of university policies contributes to the fair handling and resolution of student conduct matters.
4. Inherent Authority
The university reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. Such action may include pursuing Code of Student Conduct action for any violation of state or federal law or any violation of university policy, on or off campus, which affects the university's educational interests.
The University cannot protect students who violate public laws from action by law enforcement agencies; as a result, some situations may result in students’ involvement with simultaneous external processes. Students are expected to conduct themselves according to U.S. federal law, Hawai‘i state law, and applicable local ordinances. HPU will cooperate with law enforcement and other agencies in the enforcement of criminal law on campus. Law enforcement officers have authority to pursue legal violations on campus within the constraints of the law. Individuals acting in their personal capacities are free to interact with governmental agents as they deem appropriate. Arrests or citations for illegal behavior which the university determines to adversely affect the HPU community or its objectives will be addressed through the conflict resolution process.
Students may be accountable under civil or criminal laws and to the university for acts that constitute violations of law and/or of this Code. An action under this Code of Conduct may proceed in normal course during the pendency of civil or criminal proceedings, and will not be subject to challenge on the ground that civil or criminal charges involving the same incident have been dismissed, reduced or resolved in favor of or against the civil or criminal law defendant.
5. Authority for Code of Student Conduct
Ultimate authority for all student conduct matters is vested in the President of the university, who entrusts this responsibility to the Provost in cases of alleged academic and nonacademic misconduct. Authority for matters pertaining to student conduct may be delegated by the Provost to university administrators, college deans, faculty members and campus hearing boards as set forth in this Code or in other appropriate policies, rules or regulations adopted by the university.
6. Definitions
When used in this Code:
a. The term “Code” is used to reference the Code of Student Conduct.
b. The terms “institution” and “university” mean Hawai‘i Pacific University and its academic programs and all related university programs.
c. The term “student” includes all persons taking courses at HPU, those who remain eligible to enroll, and those who have been notified of their acceptance for admission. Student employees are also subject to the Employee Handbook.
d. The term “student organization” means any student-based club, society, organization, team, or group which may or may not be formally registered with the university.
e. The terms “campus,” “university premises,” “university-owned property,” and “university-controlled property” mean buildings or grounds owned, leased, operated, controlled, used or supervised by the university.
f. The term “university employee” includes any person employed by the university, performing assigned administrative or professional responsibilities, including faculty, staff, student employees, and campus security officers acting in the performance of their duties.
g. A presiding campus conduct resolution “case manager” refers to any HPU staff member (including, but are not limited to, the Director of Conflict Resolution and Community Engagement, directors, Area Coordinators, and Deans) with the responsibility to investigate alleged violations of this Code by delegation of authority from the university President and/or Provost.
h. The term “university-sponsored activity” means any activity on or off university premises that is hosted, initiated, or supervised by the university.
i. The terms “administrative conference” and “formal hearing board” refer to resolution proceedings consisting of an individual or group of individuals assigned to review the alleged violation, arrive at a resolution, and impose appropriate sanctions.
j. The term “preponderance of evidence” is a measure of proof that a reasonable person would accept as “more likely than not” that a fact is true or an incident occurred. Credibility of statements or patterns of fabrication may be used in determining the preponderance of evidence.
k. The terms “will” or “shall” are used in the imperative sense.
l. The term “may” is used in the permissive sense.
m. The term “Respondent” means the HPU student who has been charged with allegedly violating university policy.
n. The term “Reporting Party”, “Harmed Party”, or “Complainant” means any person who submits a charge alleging that a student violated the Code. When a student believes that they have been harmed or a victim of another student’s misconduct, the student who believes they have been harmed or a victim will have the same rights under this Code as are provided to the Respondent, even if another member of the university community submitted the report.
o. The term “weapon” is defined in accordance with state law, and includes any object or substance designed to inflict a wound or cause injury. Legal items used in the performance of an intimidating, threatening, or hazardous manner or which has inflicted or was intended to inflict harm on another shall also be covered under this definition.
p. The term “careless” means action taken in an unintentional or negligent manner, or where insufficient thought or attention was taken during the course of action.
7. Violations of Code Referrals
Any member of the university community may report a student for alleged violations of university policy. Such a report may be prepared in writing and directed to the Office of Student Conduct. A report should be submitted as soon as possible, but no later than thirty (30) calendar days after the event takes place, unless legitimate extenuating circumstances exist. Reports by external agents, including law enforcement agencies and community members, can also be submitted to the University when students are involved. It is at the university’s discretion to evaluate reports, policy violations, and determine the means of resolution, if needed.
8. Interim Measures
When the University has information supporting the existence of an immediate threat to persons or property in the HPU community, to alleviate that threat and ensure the stability and continuance of normal university functions, the University may impose interim restricted access for a student before a resolution is issued. Interim restricted access is an interim, preventative action taken by the university in its reasonable discretion following an individualized safety analysis.
A. A student may be suspended from the university or temporarily removed from university housing for an interim period for pending Code and/or criminal proceedings at the discretion of the Provost or designee. The interim measures may become immediately effective without prior notice until such time as the Code of Student Conduct proceedings have been concluded.
B. A student suspended or removed from university housing on an interim basis may be granted an opportunity to appear personally before the Provost or designee, upon request, in order to discuss the following issues only:
The reliability of the information concerning the student’s conduct, including the matter of their identity and/or level of involvement in the situation.
Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on university premises poses a substantial and immediate threat to any person or to the stability and continuance of normal university functions.
9. Preponderance of Evidence Standard
Responsibility for violation of the Student Code or other university policies is determined on the basis of a preponderance of evidence; that is, whether the evidence indicates that it is more likely than not that the Respondent violated the Code. Students participating in any of the processes contemplated by this Code are responsible for identifying witnesses and evidence prior to their meeting or hearing.
Students who have a disability that necessitates assistance in the conflict resolution or appeals process may seek assistance and request accommodation through the Accessibility Services Office. The available informal and formal resolution pathways are noted below and shall be selected at the discretion of the conduct case manager considering factors such as the severity or community impact of the reported violation, frequency or existence of a pattern of behavior or violation, or issues related to fairness and equity.
10. Prohibited Conduct
Students at the university are expected to behave in ways that demonstrate respect for other persons, property, order, decency, the HPU community, personal honor, and the rights of others. The conflict resolution process is anchored in practices that aim to foster ethical development and hold students accountable for their behavior while also helping them understand the impact of their actions on others and the campus community. The following behaviors constitutes a violation of this Code and may result in Code of Student Conduct proceedings:
a. Dangerous Conduct: Intentionally or carelessly engaging in conduct that threatens or endangers the health or safety, or causes physical harm, to any person, including the violator, or which causes a reasonable apprehension of such harm.
Threatening or placing a person in fear of imminent physical danger or bodily harm.
Causing bodily harm to a person, or engaging in aggressive physical contact that would likely have caused bodily harm despite the lack of any measurable harm.
Preventing or attempting to prevent another individual from exiting the premises by blocking their pathway.
Preventing or attempting to prevent another individual from accessing their personal property, including but not limited to keys or phone.
b. Harassment: Any actions, threats, gestures, and/or words- whether physical, verbal, electronic, oral, written or video- directed toward another person, which have the effect or purpose of a breach of the peace, create a hostile environment, or cause emotional distress to that person because of the humiliating, degrading, intimidating, insulting, coercive, ridiculing, and/or alarming nature of the conduct. A pattern or course of conduct may be considered in evaluating harassment.
c. Disorderly Conduct:
Acting in a manner to annoy, disturb, interfere with, obstruct, or be offensive to others.
Shouting or making excessive noise either inside or outside a building to the annoyance or disturbance of others.
Verbally abusing students, university employees, university representatives, student leaders of recognized student organizations, or anyone else affiliated with the university.
Any act which is determined by the university to be disrespectful, insulting or harassing to towards others (e.g., student, university employee, visitor to campus, a person affiliated with the university).
Failure to comply with the reasonable directives of university employees, security staff on university property, or law enforcement.
Behaving in a lewd, indecent, or obscene manner.
Throwing items/objects towards individuals/groups.
Not adhering to health and safety practices and directives (e.g., not self-isolating when sick, not maintaining social distancing, not wearing a face mask in public/common areas).
d. Dangerous Items: The use, possession, manufacturing, or storing of any explosives, other weapons, fireworks, or dangerous chemicals. Items will be confiscated and destroyed—regardless of value or ownership—by university personnel, including campus security, housing staff, and Dean of Students staff. University personnel will document the incident and notify the appropriate staff of policy violation. Depending on the circumstances, the university may contact local police.
Explosives and fireworks including, but not limited to, firecrackers, cherry bombs, smoke bombs, and similar devices.
Knives or other weapons, objects that could be construed as weapons, items that pose a potential hazard to the safety or health of others or which have intentionally or carelessly been used to threaten the safety of others. (Knives over 3” measured from the top of the hilt to the end of the blade and/or knives prohibited by Hawaii State law are prohibited under this clause.)
Unauthorized hazardous materials or chemicals.
Firearms, ammunition, and projectiles: Firearms are defined as any gun, rifle, pistol, or handgun designed to fire bullets, BBs, pellets, shots (including paint balls), projectiles, or other ammunition, regardless of the propellant used. This includes any “toy” weapons, such as airsoft, nerf, or water guns, and slingshots.
e. Interfering with Fire Safety, Police, or Emergency Services:
Misusing, tampering or damaging fire safety equipment including, but not limited to, fire extinguishers, smoke alarms, sprinkler systems or exit signs.
Unauthorized burning of any material in any university building, on university property or on areas adjacent to university property.
Disregarding a fire alarm signal or refusing to evacuate a building or a section of a building when a fire alarm is sounding.
Recklessly or intentionally activating an alarm or propping open or exiting through an emergency exit when an emergency situation does not exist.
Any activity that obstructs or interferes with fire, police, or emergency services.
f. University Operations: Obstructing or interfering with normal university or university-sponsored activities, including but not limited to, studying, teaching, research, and university administration.
g. Dishonesty:
Knowingly furnishing false information to the university or a member of the university community, including at conduct proceedings.
Forgery, misuse, unauthorized alteration and/or creation of documents, records, identification cards, keys, or other objects.
Possession or use of false identification cards.
Fraud, through act or omission, committed against a member of the campus community or others.
Knowingly initiating or causing to be initiated any false report, warning or threat.
Any violation of the Academic Integrity policy as set forth within the Student Handbook.
h. Substances: Violation of university policy as set forth in the Student Handbook, any university policy including the Employee Handbook provisions on substance abuse or illegal substances, and/or federal, Hawaii State or other local laws pertaining to drugs, alcohol, or smoking.
i. Complicity in a Prohibited Activity: Being present or otherwise involved in any act that is in violation of this Code, even without directly contributing to that violation. Note: Students who are aware of Code violations are expected to remove themselves and report the matter.
j. Retaliation: Retaliation occurs when an adverse action is taken against an individual for engaging in protected activity or by taking adverse actions that are reasonably likely to deter an individual or others from engaging in a protected activity. Protected activity includes:
Opposing conduct reasonably believed to constitute discrimination, including harassment that violates university policy or state or federal statutes.
Filing a complaint about such practice.
Seeking an accommodation or remedial action under this policy.
Testifying, assisting, or participating in any manner in an investigation or other proceeding related to filing a complaint under this Code.
k. Violating a Protective Order, No Contact Order or No Trespass Order: Any violations of a Protective Order (Temporary Restraining Order or Permanent Restraining Order), a No Contact Order regardless of the method or location of contact, or a No Trespass Order, may be subject to Code of Student Conduct action including suspension or expulsion. HPU may contact the local authorities in such cases.
l. Lawful Rights of Others: Intentionally or carelessly interfering with the lawful rights of others.
m. Technological Offenses:
Violation of any computer lab policies or university policy, including limitations set on the consumption of system resources.
Violation of system security mechanisms or individuals’ rights to privacy.
Unauthorized removal, mutilation, abuse or misuse of university computers, printers, software, library materials and/or other study materials.
Theft or other abuse of computer facilities and resources, including but not limited to: Use of another individual’s identification and/or password; unauthorized entry into a file, to use, read or change the contents or for any other purposes; use of computing facilities and resources to send obscene or abusive messages; use of computing facilities and resources in violation of copyright laws; and any violation of the Network/Wireless Access Policy or the Policy on Potentially Patentable Materials and Inventions as it may be adopted and changed from time to time.
n. Damage to or Misuse of Property:
Intentionally or carelessly destroying, tampering with, or damaging university property or the property of others.
Unauthorized use or misuse of university property or the property of others.
Attempted or actual theft of property or of services.
Possession of stolen property.
o. Trespassing:
Presence in a restricted area or university-owned or university-controlled building during closed periods when doors are locked, except with special permission from the proper authority.
Unauthorized entry to or use of university premises, including but not limited to residential units and office spaces.
Unauthorized possession, duplication or use of keys and HPU identification cards to any university premises.
p. Riots or Demonstrations: Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the university and/or infringes on the rights of other members of the university community; leading or inciting others to disrupt scheduled and/or normal activities within any university owned or controlled property.
q. Malicious Treatment and/or Hazing: Any intentional, knowing, or reckless act, occurring on or off campus, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of an individual or student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include students at the educational institution.
Any type of activity involving the consumption of food, liquid, alcoholic beverages, drugs, sleep deprivation; or any other activity that exposes the student to an unreasonable risk of harm that adversely affects the mental or physical health or safety of the student.
Abusing authority of one’s class rank or leadership position.
Using any form of physical bondage.
Taking another to an outlying area and deserting them.
Any action taken or situation created intentionally to provide mental or physical discomfort or in any way to degrade the dignity of an individual student.
r. Solicitation: Unauthorized solicitation, sale, or promotion of any good or service on university-owned or university-operated property or at university-sponsored activities or events.
s. Littering: Littering on any university-owned or university-controlled property.
t. Gambling: Gambling on university-owned or university-controlled property.
u. Traffic: Obstruction of the free flow of pedestrian or vehicular traffic on HPU premises or at HPU sponsored or supervised functions.
v. Violation of Law: Violation of any federal, state or local law.
w. Obstruction of Code of Student Conduct Process: Interference with or obstruction of student conduct processes and procedures.
Furnishing false or misleading information.
Omitting or concealing facts or evidence.
Bribing, threatening, intimidating, or harassing witnesses or reporting parties.
Attempting to discourage another individual’s proper participation in or use of the student conduct system.
Attempting to influence members of a hearing board or campus resolution case manager.
Harassment or attempts to intimidate a member of a hearing board or presiding campus resolution case manager.
Influencing or attempting to influence another person to commit an abuse of the Code of Student Conduct.
Violating the privacy of individuals and/or the integrity of the investigative process by sharing case information or other confidential information.
Attempting to collude or align statements with other individuals.
Failure to comply with sanction(s) imposed under the Code of Student Conduct.
Failure to obey a notice from a hearing board or campus conduct resolution case manager.
x. Bias/Discrimination: Any action, failure to act, threat, gesture, and/or words- whether physical, verbal or electronic, oral, written or video- which target individuals and groups based upon an individual or group’s actual or perceived status (including but not limited to sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, gender identity/expression or other protected status) and is perceived as denigrating, malicious, harassing, threatening, or which creates a hostile environment sufficiently severe that it interferes with, limits or denies the ability to participate in or benefit from university programs or activities. The university reserves the right to sanction discriminatory behaviors even if the behavior in question does not rise to the level of legally recognized or actionable discrimination.
y. Policy Violations: Violations of any other university regulations or policies published in hard copy or available electronically on the university website.
11. Processes for Resolving Conflicts and Addressing Violations
The Student Conduct Office routinely receives and reviews reports and determines the appropriate methods for their resolution. Conflict resolution relies on participants’ honesty, integrity, and commitment to resolving allegations. Although many reports and complaints can be reasonably investigated and resolved informally by a conduct resolution case manager, some may require more formal procedures. HPU may utilize various processes to address conflicts and alleged violations of the Code and shall determine the appropriate proceeding in its discretion. Upon receipt of a complaint, the Student Conduct Office will assess the nature of the violation and then do one of the following:
1. Assign a case manager and initiate one of the following proceedings:
Informal resolution proceedings as described below.
Formal Resolution proceedings as described below (i.e., administrative conference or Student Conduct Hearing Board).
2. Dismiss the case if the alleged conduct does not constitute a violation of university policy or if there is not sufficient evidence to proceed with an investigation.
Cases may be dismissed through consultation with the Student Conduct Office at any point during proceedings if the information available makes clear there was no violation of the Code of Conduct (e.g., withdrawal of a complaint, direct evidence of a false complaint).
12. Informal Resolution Proceedings
Some incidents are most appropriately resolved informally and the University reserves the right to assign certain alleged violations for informal resolution based upon the facts and circumstances surrounding the alleged violation and the potential and actual harm inflicted. For example, respondents who have engaged in first-time, low-level offenses of the Code with minimal to no harm (such as certain littering violations) may be referred to a variety of educational workshops or resources, in lieu of a more formal process. Matters meeting criteria for resolution under the Amnesty Policy for Students are also resolved informally. Students may also participate in mediation or restorative justice conferences and other methods of informal resolution. Informal proceedings that make known more serious violations of university policy may obviate the need for more formal proceeding. Resolution via certain informal processes requires mutual consent of the involved parties. Matters that are resolved informally, even where responsibility for policy violations is decided and outcomes are assigned, are not released as part of a student’s University disciplinary record but can be considered internally (e.g., to influence restorative outcomes in case of a future policy violation, or determine participation or recognition by the university). Typically, the informal complaint process will be completed within twenty-one (21) business days of receipt of the complaint. If it becomes necessary to extend the process, parties will be notified in writing of a revised expected resolution timeframe. Informally resolved matters are considered finally decided, with no subsequent process or appeal. Informal resolution options include the following:
A. Verbal and/or Written Notice: A student may receive notice of a conflict or minor violation of university policy. Students in receipt of a notice are not required to meet with a staff member regarding the occurrence but may do so upon request. The intent behind such a warning is to remind students of university policies and behavioral expectations with the aim of curbing future infractions.
B. Amnesty Policy for Students: Refer to the Alcohol and Drug Policy in the Student Handbook.
C. Educational Conversation: A Respondent may receive a request to meet with a conduct resolution case manager when behavioral concerns have been raised but no formal resolution action is being taken. The purpose of the meeting is to notify the student of the concern, redress the issue, identify resource referrals, and help the student reflect upon the situation, including but not limited to community impact.
D. Mediation: When students are in dispute, facilitated dialogue (mediation) can be an effective approach to help parties find an agreement that best meets their needs. A third-party mediator (case manager) works with students in dialogue. Students are referred to this pathway to find a mutually acceptable resolution, which may or may not include outcomes. Students must mutually agree to pursue mediation and, if so agreed, students are expected to participate in good faith, but may request to terminate the mediation at any time. Participation in a mediation or conflict resolution circle does not require admission of a violation by any involved party. However, if one or more involved parties is no longer willing or able to participate, the incident will be referred for resolution through another process outlines in this Code. For matters of alleged student misconduct involving Title IX Sexual Harassment and Other Violations of Sex Discrimination and Sexual Harassment, see the University’s Sex Discrimination and Sexual Harassment (SD&SH) policy, as set forth herein.
E. Restorative Justice Conference: Restorative practices are powerful in repairing harm and rebuilding community through the input of those most affected by wrongdoing. A restorative justice (RJ) conference is a collaborative decision making process that includes harmed parties/reporting parties, respondents, and other community members who seek to hold respondents accountable by asking them to (a) acknowledge and accept responsibility for their wrongdoing, (b) repair the harm they caused to harmed parties and the community to the best of their ability, and (c) work to reduce the risk of further violations by rebuilding positive connections to the community. Trained facilitators guide the conference. After discussion, involved parties (rather than a case manager or hearing board) decide what steps must be taken to repair the harm. An RJ conference is a voluntary process used when a student has admitted to a violation. If, after parties agree to participate in a restorative justice conference, either the harmed parties or respondent(s) are no longer willing or able to participate, the incident will instead be resolved through another process outlined in the Code. Similarly, failure by the responding student to complete decided obligations will result in referral to formal resolution.
13. Formal Resolution Proceedings
Where informal resolution may not be possible or appropriate, matters may be resolved via two formal options: administrative conference or a university conduct hearing board. Matters that are resolved formally are included in student’s university disciplinary record. Typically, the formal complaint process will be completed within sixty (60) business days of receipt of the complaint. If it becomes necessary to extend the process, both parties will be notified in writing of a revised expected resolution timeframe. Formally resolved matters may be appealed.
A. Administrative Conference: Where informal resolution may not be possible or applicable, students in receipt of alleged violations of university policy which may result in penalties less than university housing eviction, suspension, or expulsion shall be asked to participate in an Administrative Conference. During an administrative conference, a case manager meets with the Respondent to discuss the incident and alleged policy violation. An administrative resolution may include more than one case manager. The case manager makes a determination of responsibility, and if applicable, issues appropriate outcomes, which are communicated to the Respondent in writing via a Resolution Letter. Review Sections 15-16 of the Code of Conduct for information pertaining to Formal Procedural Protections and Standards and Appealing Decisions and Outcomes, which are applied to such proceedings.
B. Student Conduct Hearing Board: Formal Hearings are conducted for cases of alleged policy violations when the final disposition of the case could result in university housing eviction, suspension, or expulsion from the university. The Assistant Dean of Students/Director of Conflict Resolution and Community Engagement often serves as the presiding case manager and the board may be comprised of three faculty and/or staff representatives. The Provost or designee reserves the right to alter the composition of the board. An ad hoc hearing board may be established by the Provost whenever the regular hearing board is not constituted, is unable to obtain a quorum, or is otherwise unable to hear a case. Review Sections 15-16 of the Code of Conduct for information pertaining to Formal Procedural Protections and Standards and Appealing Decisions and Outcomes, which are applied to such proceedings.
C. Academic Conduct Review Board: An Academic Conduct Review Board resolves matters involving violations of the Academic Integrity Policy and Academic Grade Appeal Procedures for students. Review Sections 15-16 of the Code of Conduct for information pertaining to Formal Procedural Protections and Standards and Appealing Decisions and Outcomes, which are applied to such proceedings. Refer to the Academic Integrity Policy and Academic Grade Appeal Procedures section of the Student Handbook for details.
14. Advisors
HPU recognizes that the gravity and complexity of some incidents may prompt a student’s desire for emotional support during a formal proceeding.
A. Reporting parties and respondents, who are responsible for presenting their own information, may be accompanied by an advisor. The role of an advisor will be limited to:
1. Providing advice to the reporting parties and respondents.
2. An HPU student, staff member, or faculty member accompanying the reporting parties or respondents for support, provided that the support member is not affiliated with and does not have personal knowledge of the case in question and has not been engaged and will not be engaged as legal counsel. In the case of an unemancipated minor, parents may serve as advisors.
3. Students involved in the Code of Student Conduct process who want an advisor present during the proceedings must submit a student consent to release education records form to the Office of Student Conduct, which is then processed by the Registrar’s Office.
4. Advisors are strictly present for support and shall sit quietly and not attempt to participate directly in the proceedings (e.g., advisors may not address hearing bodies, speak in Code of Student Conduct proceedings or question witnesses).
B. Even if accompanied by an advisor, a respondent must respond to inquiries from the presiding campus resolution case manager and/or the Student Conduct Hearing Board. In consideration of the limited role of an advisor, and of the compelling interest of the university to expeditiously conclude the matter, the work of the hearing board will not, as a general practice, be delayed due to the unavailability of an advisor.
15. Formal Procedural Protections and Standards
A. In any formal proceeding, students reported for violating university policy are entitled to the following:
A. To receive notice of the alleged violations of university policy in advance of the conduct meeting.
B. To a fair fact-finding investigation and process.
C. To request a reasonable extension of time to prepare a defense.
D. To be informed of the evidence upon which a charge is based and afforded an opportunity to offer a relevant response as well as to share evidence of their own.
E. To provide names of individuals who have relevant and necessary information pertaining to the allegations/matter. Character witnesses will not be accepted.
F. To respond to redacted information submitted by individuals involved in the process (e.g., Reporting Party, witnesses).
G. To be assured of privacy, in accordance with the terms of the Federal Family Educational Rights and Privacy Act (FERPA) of 1974. Proceedings shall be closed to the public.
H. To be considered not responsible of all allegations unless proven responsible by a preponderance of the evidence.
I. To be accompanied by an HPU student, staff member, or faculty member for support provided that the support member is not affiliated with and does not have personal knowledge of the case in question and has not been engaged and will not be engaged as legal counsel.
B. The purpose of the student conduct process is to investigate the alleged violations, determine findings, and arrive at a resolution and outcomes. Respondents will be provided the opportunity to respond to the allegations, present evidence, name relevant witnesses, and share their perspective of what occurred.
In addition to the procedural protections cited above, which apply to all formal proceedings, the guidelines and procedural protections below shall apply to formal hearings.
C. Given Hawai‘i Pacific University’s status as a private institution, the university is not bound by due process but does ensure fundamental fairness to Respondents involved in the formal conduct process. Under fundamental fairness, the university is bound to following the conflict resolution process established in the Student Handbook. Furthermore, by enrolling at HPU students have agreed they will follow the behavioral standards delineated in the Student Handbook.
D. The presiding campus resolution case manager shall give a Respondent advance notice of the specific allegation(s) and schedule a meeting to address the matter. Notice shall be sent via HPU email account.
E. Respondents shall be given reasonable access to review the redacted case file, which will be retained by the Office of Student Conduct. The case file is maintained separately from the other contents of the student’s educational record and is protected under the Family Educational Rights and Privacy Act of 1974. The personal notes of university staff members or complainants are not considered part of the case file.
F. Formal rules of evidence shall not be applicable in student conduct proceedings conducted pursuant to this Code. The presiding campus resolution case manager or hearing board shall give effect to the rules of confidentiality and procedural protections, but shall otherwise admit all matters into evidence which reasonable persons would accept as having probative value in their review of the student conduct case. Unduly repetitious or irrelevant information may be excluded.
G. A Respondent may be found in violation of any prohibited conduct (including sections for which the Respondent was not originally reported) when behaviors that were previously unknown are discovered during the course of the student conduct proceeding or if it is determined that a different section of the Code more appropriately addresses the conduct in question.
H. Respondents who fail to appear after proper notice will have their case reviewed in absentia based on the information contained within their student conduct file and the other information presented. A presiding campus resolution case manager overseeing the administrative conference or members of the hearing board shall be presented the information, consider the information, and make a decision on the basis of the information presented even if the Respondent is not present/responsive to the notices.
I. Any party may challenge a hearing board member or the presiding resolution case manager on the ground of personal bias. Similarly, members of any hearing board will be asked to recuse themselves if they know the Respondent or the Reporting Party, or if the member otherwise feels unable to participate in the hearing in a fair manner.
J. Administrative Conference Procedures
The following additional procedural guidelines shall be applicable in an Administrative Conference:
a. Respondents shall be invited to a meeting with a case manager to discuss the incident. Notice of allegations and appointment time shall be conveyed via HPU email account.
b. The Respondent shall have an opportunity to review available redacted information pertaining to the allegations and share their own perspective regarding the incident. Respondents may bring a written statement with them to the student conduct conference, although they are not required to do so.
c. The case manager may ask questions pertaining to the incident as well as the community impact and what the Respondent hopes to learn from the experience.
d. While the process seeks to be fair and preserve the rights of Respondents, the importance of upholding community standards and redressing impact caused by the incident shall also be taken into consideration when determining resolutions.
e. Respondents shall be notified of the resolution of their case in writing via HPU email.
K. Hearing Board Procedures
The following additional procedural guidelines shall be applicable in hearings conducted by HPU Hearing Board:
a. In cases of student misconduct, the Provost shall appoint the Director of Conflict Resolution and Community Engagement shall serve as presiding hearing case manager. The presiding hearing case manager may participate in board deliberations and discussions, but shall not vote.
b. The presiding hearing case manager shall give Respondents advance notice of the hearing date and the specific allegations against them via HPU email address.
c. The Hearing Board shall be provided with the student conduct file, including transcripts of witness statements which have been obtained in advance of the hearing.
d. Respondents who fail to appear after proper notice will be deemed to have pled “not responsible” to the allegations pending against them. A hearing may be conducted in their absence, if necessary, and a decision made on the basis of the information contained within the student conduct file.
e. The presiding hearing case manager shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the Respondent, who disrupts a hearing may be excluded by the presiding hearing case manager.
f. Hearings shall be video tape recorded in a format determined by the university. The record shall be the property of the university.
g. All audio/visual tapes will be maintained as the university’s property. No one will be permitted to copy any tape or remove any tape from the university’s premises. No recording other than by the university will be permitted.
h. The Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the reporting party, complainant or respondent during the hearing by providing separate facilities, permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement or other means, where and as determined in the sole judgment of the presiding hearing case manager to be appropriate.
i. Board members may ask questions of the parties. They may also take official notice of matters which would be within the general experience of university students and faculty members. The Respondent shall be given the opportunity to make a statement and present evidence to the Board.
j. A decision by the hearing board is a recommendation to the Provost for action in cases of alleged violations of university policy. Once the findings and outcomes are reviewed by the Provost, the Case Manager will then issue the resolution on behalf of the Hearing Board.
16. Appealing Decisions and Outcomes
Students who disagree with the resolution imposed by the presiding campus resolution case manager or applicable hearing board are entitled to appeal the resolution by written submission to the Provost or their designee as identified in the resolution letter which shall be sent to the student’s HPU email address. Any written appeal must be submitted by the student within five (5) business days from the date of the resolution letter. Upon receipt, the Provost or designee will review the written submission and shall consider and decide the outcome of the appeal. The Provost or designee will not re-hear the case. Rather, the Provost or designee will decide if the appeal has merit under the basis for appeal, as outlined below.
A. Base for appeals include:
1. There is an unfair original conference or hearing or a significant procedural error that impacts the findings of fact during the student conduct proceeding.
2. The facts presented were insufficient to support the findings.
3. There is new evidence that is relevant and significantly impacts the findings of fact that was previously unknown.
B. Actions by the Provost or designee include the following: overturning the outcome of the original matter, maintaining the original outcome, overturning sanction(s), imposing new sanction(s), and/or maintaining original sanction(s). The outcome of the appeal is final and binding. The student will be notified in writing via HPU email address.
C. Sanctions will be held in abeyance during the appeal period, unless, at the discretion of the Provost, the continued presence of the student on the campus poses a substantial threat to any person, or to the stability and continuance of normal university functions. For instance, No Contact Orders, No Trespass Warnings, and Interim Suspensions are generally not held in abeyance during the appeal process.
17. Outcomes
HPU’s conflict resolution program is committed to restorative principles and strives, whenever possible, to design outcomes that address the needs of community members, educate the Respondent about their behavior, and create opportunities to redress harms and rebuild community.
Restorative outcomes may be applied singularly or in combination and influenced by mitigating and aggravating circumstances and/or the frequency, severity, and community impact of violations. Restorative outcomes represent a variety of educational and trust-building assignments that a student must complete to take steps towards community restoration. Restorative outcomes include but are not limited to action items cited below. Restorative outcomes may be imposed alone or in combination with one or more other restorative or other outcomes and/or sanctions.
A. Learning Module: Online course utilizing interactive exercises to further one’s education surrounding a particular topic.
B. Written Exercises: Written reflection or research paper based on a prompt provided by the resolution case manager.
C. Community Service: Volunteering in the community. This fosters positive engagement, demonstrates good citizenship, and is a platform to both personal development and making amends.
D. Letter of Apology: Written apology to a harmed party to be specified by the resolution case manager.
E. Restitution: Repayment to the university or to an impacted party for damages resulting from a violation of this Code.
F. No Contact Order: A directive stating that a student may have no contact with a specific individual by telephone, email, text message or social media message, or through a third party. Violating this directive may result in suspension or expulsion.
G. Other Educational Activities: Including but not limited to attendance at a workshop, community circle, or other activities at the discretion of the campus resolution case manager which has the intention of the personal reflection or education of the student or restoration of the damage that had been inflicted at the time the policy violation took place.
Resolution outcomes represent institutional disciplinary action taken regarding a student’s status and access to certain spaces and functions on campus. Sanctions may include, but are not limited to, those described below. Each listed sanction may be imposed alone or in combination with other resolution outcomes and/or restorative outcomes.
A. Censure: A written reprimand for violation of specified regulations, including a warning that continuation or repetition of prohibited conduct may be cause for additional Code of Student Conduct action.
B. Revocation of Privileges: A period of time in which a student may be excluded from participation in privileged or extra-curricular university activities.
C. Fines: Payment to the university that serves as a deterrent to prevent future misconduct.
D. Disciplinary Probation: A period of time in which a student is expected to demonstrate positive behavioral changes. New violations of university policy during this probationary period may result in suspension or expulsion.
E. No Contact Order: A directive stating that a student may have no contact with a specific individual by telephone, email, text message or social media message, or through a third party. Violating this directive may result in suspension or expulsion.
F. No Trespass Warning: Students may also be banned from specific areas of university-owned or university-controlled property or denied specified privileges for a designated period of time.
G. University Housing Transfer: Students may be administratively moved to alternative housing assignment. Any costs associated with that transfer are the responsibility of the student.
H. Eviction: Removal from university housing. Students who are evicted from university housing are no longer eligible for university housing.
I. Suspension: Exclusion from university premises, and other privileges or activities including academic courses, as set forth in the suspension notice during a specified period.
J. Expulsion (also referred to as dismissal): Permanent termination of student status, and exclusion from university premises, privileges and activities.
K. Revocation of Admission and/or Degree: Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation or other violation of university standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
L. Withholding Degree: The university may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code, including the completion of all sanctions imposed, if any.
18. Sanctions
Violations of this Code, whether resolved informally or formally, may result in sanctions or restorative outcomes including but not limited to those cited above dependent on the nature of the case in question. Factors to be considered when making such determinations include: the present demeanor and past conduct record of the Respondent, as well as the nature of the offense and the severity of any damage, injury or harm resulting from it. Failure to comply with resolution outcomes or restorative outcomes imposed shall result in further action under the Code of Student Conduct.
19. Repeated Actions
Repeated or aggravated violations of any section of this Code may also result in suspension, expulsion, or in the imposition of such lesser penalties as may be deemed appropriate by the university.
20. Attempted Conduct
Attempts to commit acts prohibited by this Code may be sanctioned to the same extent as completed violations.
21. Retaliation
Retaliation of any kind against individuals who, in good faith, report complaints or who participate in or are witnesses in any procedure, is prohibited. Individuals who are found to have violated this provision will be subject to Code of Student Conduct action (which may include suspension or expulsion) by the Office of Student Conduct. Retaliation is any action by any person that is perceived as intimidating, hostile, harassing, retribution or violent that occurred in connection to the making and follow-up of a reported complaint.
22. Notification of Parents Regarding Alcohol and Drug Violations
In accordance with the Family Educational Rights and Privacy Act (FERPA), HPU has the authority to disclose information to a parent or legal guardian of a student regarding any violation of federal, state or local law, or any rule or policy of the University governing the use or possession of alcohol or controlled substances. Refer to the Alcohol and Drug Policy in the Student Handbook.
23. Student Groups and Organizations
Student groups and organizations may be charged with violations of this Code.
A. A student group or organization and its officers may be held collectively and individually responsible when violations of this Code by those associated with the group or organization have received the consent or encouragement of the group or organization or of the group’s or organization's leaders or officers.
B. The officers or leaders or any identifiable spokesman for a student group or organization may be directed by the Office of Student Conduct to take appropriate action designed to prevent or end violations of this Code by the group or organization. Failure to make reasonable efforts to comply with the directive shall be considered a violation of this Code, both by the officers, leaders, spokesmen, or where appropriate, individual members, who participate in the organization, for the group or organization and by the group or organization itself.
C. Sanctions for group or organization misconduct may include revocation or denial of registration or recognition, as well as other sanctions listed above, as appropriate.
24. Transcript Hold
In pending cases that could result in suspension or expulsion, a temporary encumbrance may be placed on a student’s record by the Registrar.
25. Conduct Files and Records
Violation of the Code referrals will result in the development of a conduct file in the name of the Respondent. If a student is found Not Responsible for an alleged violation, the file will be marked as such. A record of Not Responsible violations will be kept for up to seven years but will not be reportable and will not be factored into decisions about future alleged violations or other university matters.
The files of students found responsible for any allegations against them will normally be retained as a conduct record for seven years from the date of the letter providing notice of final conduct action and voided thereafter.
Student conduct records may be voided for good cause, upon written petition issued to the Office of Student Conduct. Factors to be considered in review of such petitions shall include:
1. The present demeanor of the student.
2. The conduct of the student subsequent to the violation.
3. The egregiousness of the violation and the severity of any damage, injury or harm resulting from it.
Students are eligible to make this written petition after graduation from their academic program or during the semester in which they are eligible to graduate. Students who have been expelled, whose degrees have been withheld, or in which the student’s admission/degree has been revoked may not be eligible to have their file voided.
In a situation involving both a Respondent(s) (or group or organization) and a student(s) claiming to be the victim of another student’s conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the educational records of both the Respondent(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
26. Policy on Outstanding Student Account Balances Related to Code of Student Conduct Suspension or Expulsion
A student who is suspended or expelled from the university forfeits all payments for tuition, fees, or housing incurred for the semester/part of term the incident occurred as well as any prior terms. Any outstanding student account balances are the responsibility of the student for payment. For details, refer to the Business Office policies at https://www.hpu.edu/Business_Office/.