Referring a Case to Student Conduct

According to the American University Student Conduct Code, any AU student, faculty, or staff member may refer an AU student, student group, or organization suspected of violating the Code of Conduct.

Student Conduct is available to discuss incidents alleging violations by students who do not attend AU, but we cannot process those in our office.  If the person alleged to have committed the violation is a faculty or staff member at AU, you should consult with the Dean of Academic Affairs or Human Resources respectively.

This page is designed to answer typical questions for those considering referring a case to our office.  We encourage anyone considering referring a case to meet with our Director or Assistant Director to discuss the specific nature of the case referral and better understand the discipline system at AU.

Additionally, if you have a case that includes hate/bias-related behavior or sexual misconduct, please note that we have information especially pertinent to those violations posted on our site.  

How do I refer a case?

To refer a case, use the Student Conduct Case Referral Form (referred to as "Referral Form," available on our website).  Please complete as much of the form as you can and be as detailed as possible when writing the details of the report.  The following are some general tips for writing that section of the report.

• Case referrals should focus on facts (not opinions).  Conclusions (if you think someone was angry) should be supported with examples (elevated volume in voice, gestures, quoted statements about their emotional state).
• Write the original report in a word document (using paragraph structure – indent new paragraphs, etc. – like you would when you write a paper).
• Please note how the incident came to your attention (unless you directly experienced it).
• If a person is involved in the incident, the person's name and involvement should be in the narrative.  If you believe a policy violation has occurred, the narrative should focus on that information.  Student Conduct's job is to determine responsibility for alleged policy violations.  If vandalism took place and the person confronting the incident does not ask each individual if he/she participated in the vandalism, Student Conduct will have little information on which to make a decision, unless you directly observed the vandalism.
• If the case is resolved by a hearing panel in a Disciplinary Hearing, the complainant (person filing the referral form) can only bring witnesses identified in the Referral Form.  Therefore, if you believe you may want to call someone to serve as a witness, you should be sure to identify them in the Referral Form.  

Once you have written the complaint, please email it to conduct@american.edu.  

Does the person who I make the complaint about have to know it came from me?

The Conduct Code guarantees that a respondent (student who allegedly violated policy) has a right "to hear and respond to evidence upon which a charge is based."  The identity of the person filing the case is often important information for the charges.  There are, however, a variety of ways to reduce contact between the person who makes the complaint (complainant) and the person who allegedly violated policy (respondent).  If Public Safety, Housing and Dining, or another university official responds to the incident, they might file a complaint and serve as the complainant.  This would mean that the person who experienced the incident directly would serve as a witness and could submit a statement but would not be required to participate beyond that.  Additionally, it may be appropriate to request a barring of contact from the Dean of Students Office.  

What happens after I submit the report?

The director will review the report and determine if any additional information is needed.  We will then consider whether the behaviors outlined are best addressed through mediation, a disciplinary conference, or a disciplinary hearing.  For more details on those processes, please see "Conduct Process Overview," "Preparing for a Disciplinary Conference," and "Preparing for a Disciplinary Hearing," all available on our website.  For all of these processes, the person alleged to have violated policy has a right to see the entirety of the report.   Should you have questions about whether or not to submit a Referral Form, the Director and Assistant Director are available to meet and discuss that the details of the incident and its potential referral.  

Is there a deadline for filing a Student Conduct Case Referral Form?

The Conduct Code states that most referral forms must be filed with the Student Conduct office no later than 15 class days from the incident or discovery of the incident.  An extended period of one year is applicable for cases alleging violations of AU's discrimination, discriminatory harassment, sexual discrimination and harassment, and whistleblower policies.  Requests for extensions to these deadlines may be submitted in writing to conduct@american.edu.  

What if I want to file referrals about multiple people?

This may be done using a separate referral form for each individual.  You can copy the narrative onto each, but be sure that charges listed and information on each form is relevant for that individual, not just the case in general.   

How much detail do I need to provide?

You should use the Referral Form to describe any relevant information you have about the case.  For the respondent (student alleged to have violated policy) to be found responsible, AU requires that a case meet the standard of evidence known as "preponderance of the evidence."  This essentially means that evidence needs to demonstrate it is more likely than not that a violation occurred.  The Referral Form should particularly include names and relationship to the incident of anyone who you might want to ask to serve as a witness.  Those filing the complaint can only call witnesses who are named in the initial Referral Form.  Finally, it is best to document the incident as fully as possible while details are still fresh in your mind.   

Will I get another chance to share information about the case?

Most cases referred to the Student Conduct office are resolved through a disciplinary conference.  In a Disciplinary Conference, the person filing the case referral is not present.  Even if a case is resolved through a disciplinary hearing (in which the person who referred the case must be present), sometimes several days pass before a case is heard.   

What happens if someone submits a referral form that is determined to be false?

The bottom of the Referral Form requires the person submitting it to sign the following statement: "The statements are a true and accurate representation of the incident as it occurred, and I understand that intentional misrepresentation of facts may result in disciplinary action. I understand that this information will become a matter of record with Student Conduct and Conflict Resolution Services and could be used by a hearing panel or hearing officer.  By signing this form, I give consent to release all relevant information pertaining to this incident."   If someone intentionally refers a case with false information, they could be the subject of a separate case referral.  

What do the following words mean in the referral form: complainant and respondent?

Complainant: the person referring the case. Respondent: the person(s) who allegedly violated policy.  

The referral form says I should list "regulations allegedly violated."  Where do I find the list of regulations?  How many regulations can I list? 

This refers to the "prohibited conduct" section of the Conduct Code (Section VI) and the Residence Hall Regulations.  That can be found in the student handbook, which is available on our website.  If you go to the "Prohibited Conduct" section of the code, you will find a list of regulations A-Y.  Prohibited Conduct applies to all AU students.  Additionally, the Residence Hall Regulations list another category of regulations that apply if the behavior occurred in the residence halls.  If you are unsure of which charges to list, we encourage you to meet with our Director or Assistant Director.  While the complainant should list the regulations believed to have been violated, our staff can assist in clarifying meaning of regulations and their applicability to a specific case. There is not a set limit to how many regulations you can list as having been allegedly violated. You should select the violations that best describe the behavior, rather than duplicating violations for subtle differences.  If, for example, someone was disorderly, they many also have been noisy.  In this situation, depending upon the severity of each behavior, you might list both or you might determine that one or the other most accurately describes the behavior.  Again, if you have specific questions, we would encourage you to meet with our Director or Assistant Director.  

Can I find out the outcome of my complaint?

In general, no.  The Family Education and Rights to Privacy Act (commonly referred to as "FERPA") is a federal law that guarantees the general confidentiality of an individual student's educational records, including disciplinary files.  Student Conduct can only share information under very specific circumstances, which are exceptions to FERPA's general ban on such information sharing.  If the case is resolved through mediation or a disciplinary hearing, the complainant will be informed of that resolution method (not necessarily the resolution itself) because they will be needed to participate.    Additionally, if a case alleges a crime of violence or non-forcible sex offense as defined by the Clery Campus Safety Act, then we can disclose the outcome to the victim(s) of the crime.  

Can I submit evidence with my case?

Yes, we can accept photographs, emails, and other evidence.  If evidence includes an illegal and/or dangerous item (i.e. drugs, weapon, etc), that should be turned over to AU Public Safety for appropriate storage.  Photos can be submitted as attachments.  You can also take a "screenshot" of any computer-based evidence.  To take a screen shot, navigate until the evidence is visible on your computer screen.  Then hit "Control," "Alt," and the "print screen" button simultaneously.  Then, hit "Control" and "C" together.  Finally, go to the email you will be sending and hit "Control" and "V" together.  This should move the image of the screen into the email.