Honor Code Process

The University takes the overall safety of the campus and its community very seriously. The University reserves the right to dismiss a student immediately and without a formal conduct determination if there is sufficient evidence that the student is engaging in, or is likely to engage in, behavior that either poses a danger to themselves, or others, or disrupts the learning or living environment. Students who are dismissed from Embry‑Riddle Aeronautical University (Daytona, Prescott & Worldwide Campuses) are not eligible for readmission and are permanently trespassed from all University properties.

Honor Code Hearings

The Honor Code hearing process is an educational, administrative process and applies preponderance of evidence, which indicates that it is more likely than not that an incident did, or did not, occur. The process does not apply the rules of evidence, the rules of civil or criminal procedure, or the standards of the legal system.

A Hearing Officer has the responsibility to receive and, where appropriate, investigate complaints arising out of a claim that the Honor Code may have been violated. After receiving a complaint, a determination may be made regarding filing charges.

• Each student charged with a violation of the University Honor Code will be scheduled for a pre-hearing conference. During the pre-hearing conference, the student will review their Embry-Riddle Rights and Responsibilities and the Honor Code Process and will elect to accept or deny responsibility for the charge(s) in question. 
• If the student accepts responsibility for the charge(s), the Administrative Officer will briefly discuss the case and corrective action, then provide appropriate sanction(s). 
• If the student does not accept responsibility for the charges, they will have the option to schedule an Administrative or Student Court Hearing if the violation does not warrant potential suspension/dismissal from the University.
• If the violation rises to the level of potential suspension/dismissal, the hearing will be conducted by a University Honor Board. At the close of the hearing, if found responsible for a charge, the student will be subject to disciplinary sanctions as offered in the University Honor Code.
• Any student who leaves the University prior to the resolution of an alleged violation(s) will not be allowed to register for future semesters until the matter has been resolved through the Honor Code process.
• The sanctions imposed will depend on the severity of the violation(s) and/or the student’s prior disciplinary record. Evidence presented at a hearing may warrant further investigation and/or disciplinary action.

Rights & Responsibilities

As part of their rights and responsibilities, students accused of violating Embry-Riddle policies are entitled to a hearing before a student conduct hearing officer or conduct board, are considered not responsible until found responsible, and are entitled to the below rights and responsibilities. Students have the responsibility to respond to requests for meetings with officials investigating cases and at pre-hearing conferences as it is critical to the hearing process and ensures that students have all of their concerns addressed. Failure of students to respond to meeting requests may result in sanctions being levied without students exercising their right to have input considered.

For students who participate in a hearing, the following rights apply:

• The right to a language interpreter, if needed
• The presumption of innocence until responsibility has been determined
• The right to select an advocate for support and/or to assist in preparing for a hearing
• The right to present any evidence on their behalf, including witnesses, written statements, and documentation
• The right to challenge for cause any student conduct officer or member of the Honor Board or Student Court
• The right to cross-examine all witnesses. It is the responsibility of the respondent and charging person/body to request witness attedance at a hearing; a witness cannot be required to appear at a hearing
• The right to be found responsible or not responsible solely on the evidence presented at the hearing
• The right to remain silent before or during the hearing
• The right to make a statement on their own behalf
• The right to review all documents, statements, or printed evidence used in the hearing when available. Requests must be made in writing a minimum of 48 hours prior to a hearing.
• The right to be notified of the final decision within five working days of the hearing
• The right to request an appeal of a determination of responsibility from the initial hearing body or person under the two specified claims (see Appeal section)

It is the student’s responsibility to check their email daily, including junk/clutter, to ensure proper notification. It is especially important for students to check email if they are involved in a hearing, whether a witness, victim, or alleged. Alleged students will be notified of the hearing outcome officially in writing via their Embry-Riddle email account.

Admission of Responsibility

Students should be aware that a solicited or unsolicited admission of responsibility of Honor Code or policy violation(s) may be used by hearing officers when considering disciplinary action. Any individual may be considered an agent of the University, including faculty, staff, campus safety officers, Resident Advisors, and/or student employees, and agents are obligated to report information if it's shared with them.

Pre-Hearing Conference

Students will meet with a hearing officer to review the hearing process. The hearing officer will explain the charges against the student, review rights and responsibilities and the appeal process, and answer questions. At this time, students will be given the choice to waive their right to a hearing if accepting responsibility as charged or  request a hearing if not accepting responsibility. Any student facing University suspension or dismissal is automatically assigned to an Honor Board.

If the student chooses to have a hearing, a written notice along with a hearing date and time will be sent to the student’s Embry-Riddle email address. If the student is not facing suspension or dismissal, they may waive their right to a hearing. By doing so they accept responsibility for all charges, and the pre-hearing conference hearing officer will offer to transition the pre-hearing conference into an administrative hearing or assign the administrative hearing to another hearing officer. The hearing officer will examine the information available and render a sanction(s). When students accept responsibility under the administrative hearing, they waive the right to appeal.

If a student fails to attend a scheduled hearing, a determination of responsibility may be made in their absence. Failure to appear may constitute accepting responsibility for all charges, and such an absence may not be considered grounds for an appeal. Once responsibility is established, appropriate sanction(s) will be assigned.

In all cases of student conduct, the Honor Code hearing process requires a lower standard of proof known as preponderance of evidence which indicates that it is more likely than not that the alleged student is responsible. We do not use technical rules of evidence.

The University is required to report student conduct to University-related representatives who are regulated by additional agencies, including Athletics, Flight Department (if flying on campus), Aviation Maintenance department, and ROTC.

Types of Hearings

• Administrative: A student or student organization who has been charged with an Honor Code violation, and is not facing suspension or dismissal, can choose a hearing held by an administrative hearing officer.
• Honor Board: An Honor Board hears the cases of students, organizations, or groups that are facing University suspension or dismissal. If the student accepts responsibility, the Honor Board will assign sanction(s). If the student denies responsibility, the Honor Board must determine if the student is or is not responsible and then assign sanction(s), if needed. The Honor Board may render a finding of responsibility on a lesser-related violation, even if not specified in the notice letter. Generally, the Dean of Students hearing officer determines the nature of the violation and whether an Honor Board is the appropriate approach. The Honor Board is composed of student, faculty, and staff representatives. After the decision is delivered, the student may request an appeal directly to the initial hearing officer.
• Student Court: The Student Court is the branch of the Student Government Association (SGA) that hears cases involving traffic and parking violations; personal disputes between two or more students; and cases referred by the Dean of Students Office, Campus Safety, Housing & Residence Life, and Student Engagement & Student Union. For information, visit the SGA website.

Sanctions

Student conduct sanctions are an educational intervention imposed for violation(s) of the Honor Code and result from the hearing portion of the process. Examples of sanctions are provided in the list below and are not inclusive of all options. More than one sanction may be imposed for any single violation when deemed appropriate. Students are expected to comply with sanctions imposed through the student conduct process. Failure to complete sanctions may result in registration holds, fines, and/or additional sanctions or charges of the Failure to Comply. Students must adhere to the time frames established to complete the sanction(s); otherwise further repercussions will be examined for their case.

Student conduct records and reports remain on file in the Dean of Students Office for a period of seven years from final case resolution. Records of suspended or dismissed students are maintained indefinitely.

• Conduct Probation: Conduct probation is a sanction imposed for a specific period of time. The probationary period allows a student to demonstrate acceptable behavior in order to continue enrollment at Embry-Riddle. If an offense is committed during the probation period, action may be instituted that results in suspension or dismissal.
• Dismissal: Dismissal is the involuntary and permanent disenrollment and separation of the student from all campuses of the University. Student will also be trespassed from the University.
• Educational and Intervention Strategies: Work assignments, educational projects, community service, research reports, counseling evaluation, etc. may be deemed appropriate within the mission of the University.
• Interim University Suspension: Interim suspension is a temporary suspension of a student while an Honor Code case is pending. This action will be taken if there is a threat to the health and safety or significant disruption of the University community or its members.
• Loss of Privileges: Denial of specific privileges for a specific period of time may be imposed. Privileges may vary but can include access to parking, computer labs, dining facilities, on-campus housing, employment, participation in registered student organizations, etc.
• No Contact: No contact is a restriction from entering specific campus areas and/or all forms of contact with certain person(s) as managed by Campus Safety & Security.
• Parental Notification: Students may be required to notify their parents/guardians as a result of a responsible finding for any Honor Code violation.
• Residence Hall Suspension or Termination: Suspension or termination from University housing is imposed when a student’s presence in campus housing is considered disruptive or unsafe. An interim housing suspension may also be imposed when appropriate as determined by the Dean of Students Office or Housing & Residence Life in conjunction with Campus Safety & Security. Conditions for returning to on-campus housing may be required. The Housing & Residence Life Director or their designee has the right to suspend or terminate a student outside of the Honor Code process.
• Restitution: Compensation for loss, damage, or injury may be imposed and may take the form of appropriate service and/or monetary or material replacement.
• Suspension: Suspension is an involuntary disenrollment and separation of the student from the University for a specific period of time. Readmission to the University may be granted after the suspension period and the accompanying conditions have been satisfactorily met. Student will also be trespassed from the University.
• Trespassed: Depending on the type of conduct, a student may be trespassed, or restricted, from a building, set of buildings, or the entire campus.
• Warning: A conduct warning is a written notice given to a student whose behavior is in violation of the Honor Code.

Embry-Riddle will not provide refunds of tuition or fees due to suspension, modification, or cancellation of operations resulting from an act of God, strike, riot, disruption, health or safety emergency, or for any other reason beyond the control of the University.

Appeals

Students have the right to appeal the determination of responsibility of an Honor Board, Administrative Hearing, and/or Student Court hearing within two (2) working days of receiving the verbal notification of the final outcome delivered by the chairperson. Appeals are granted for only two claims:

• Breach of student’s rights
• NEW evidence not available at the time of the hearing

Appeals must be submitted in writing to the initiating hearing officer and clearly indicate which claim is being made. In the event that new evidence is brought forward by either the accused, a victim, or other means, it will be investigated and validated or nullified as new evidence. The Student Conduct officer may reopen a case when new evidence is discovered.

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