The Office of the Dean of Students coordinates student conduct matters for consistency and fairness.
The Dean of Students is authorized to:
Receive complaints,
Conduct or assign an investigation,
Meet with the student and relevant parties,
Make findings and recommendations.
The college dean (or designee) issues the disciplinary decision and sanctions (if any), consistent with applicable policies and any college-specific requirements.
Investigation and Opportunity to Respond:
The student will be offered an opportunity to meet with the Dean of Students (or investigator) ordinarily within five (5) days of notice, where feasible.
The student may present information, identify witnesses, and submit relevant materials.
The Dean of Students/investigator may interview witnesses and gather evidence. In cases of academic dishonesty/cheating, the investigative process could include review of prior instances.
Midwestern University will strive to ensure investigators and decision-makers are impartial and free from conflicts of interest.
Determination and Standard of Evidence: Findings will be made using the preponderance of the evidence standard unless another standard is required by law or Midwestern University policy. Preponderance of the evidence means the decision-maker determines that it is more likely than not that the alleged conduct occurred and constituted a policy violation. This standard is satisfied when, after considering all available relevant information, the evidence supporting responsibility has greater persuasive weight than the evidence opposing responsibility—even if only slightly. In applying this standard:
Midwestern University does not require proof beyond a reasonable doubt, nor clear and convincing evidence.
The decision-maker evaluates the credibility, reliability, and relevance of information presented (including documents, communications, physical evidence, and witness statements), and may consider consistency, corroboration, plausibility, and context.
A finding of responsibility may be made based on the totality of the evidence, including credible statements, even when some facts are disputed, provided the overall weight of the evidence supports that finding.
If the evidence is in equal balance (i.e., it is just as likely as not that the violation occurred), Midwestern University must find the student not responsible.
Decision and Notice of Outcome:
Ordinarily within ten (10) days after the student meeting (or the conclusion of fact-gathering), the Dean of Students will provide the recommendation to the college dean, unless extenuating circumstances exist.
The college dean will issue a written decision to the student, typically within ten (10) days of receiving the recommendation, which may include:
Findings,
Rationale,
Sanctions (if any) and effective dates,
Any conditions for return to good standing,
Appeal instructions and deadlines.
Sanctions must conform to the Code of Responsibilities and Rights of Students and applicable college/Midwestern University policy.
Appeals:
If the student disagrees with the college dean’s decision, the student may appeal to the Chief Academic Officer or Provost (or designee) (collectively “Provost”), as applicable.
The appeal must be in writing and submitted within five (5) days of the date the written decision is issued.
The appeal must clearly state the appeal ground(s) (listed below) and include enough supporting information to meet the required burden.
An appeal is not a second review of the whole case. It is not a chance to simply disagree with the outcome or ask the Provost to “take another look.” The appeal is limited to deciding whether the student has proven one of the specific appeal grounds below. The appeal is a review of the existing record and the written appeal submission. It is not a new investigation unless the Provost sends the matter back for limited additional review.
How Appeals Are Reviewed:
Facts are given strong weight. The Provost will generally rely on the facts found during the investigation and decision process, including credibility determinations. The appeal will not be used to re-do interviews, re-judge credibility, or reweigh the evidence, except as needed to decide whether an appeal ground has been proven and affected the outcome.
The student has a high burden. The student must prove the appeal ground(s) by clear and convincing evidence. This means the information provided must create a firm belief that the appeal ground is true. This is a higher standard than “more likely than not.”
The issue must matter to the outcome. Even if the student proves an appeal ground, the decision will be changed only if the student also proves—by clear and convincing evidence—that the issue likely changed the outcome or makes the decision unreliable or clearly unfair.
Small errors do not change outcomes. Minor mistakes or disagreements about how evidence was weighed will not result in a change unless they had a meaningful impact on the result.
Appeals must be supported. If an appeal does not include enough specific facts and supporting information to meet the clear and convincing standard, Midwestern University may deny the appeal without further review.
Allowed Reasons for Appeal: An appeal may be made only for one or more of the four reasons below:
Important process mistake: A significant step in the required process was not followed, and that mistake likely affected the outcome. The student must identify what part of the process was not followed and explain why it mattered.
New information that could not reasonably have been provided earlier: There is new, relevant information that:
Was not known at the time of the decision, and
Could not reasonably have been discovered sooner, and
Would likely have changed the outcome.
The student must explain why the information was not available earlier and submit the new information with the appeal.
Conflict of interest or bias that affected the outcome: The student must show, by clear and convincing evidence, that the investigator or decision-maker had a specific conflict of interest or bias connected to the student’s matter and that it likely affected the result. To support this basis for appeal, the appeal must include: who was biased or conflicted; what happened (specific words, actions, or decisions); when/where it happened; what evidence supports it (emails, messages, witnesses, documents), and how it likely changed the outcome (what would have been different without the bias/conflict).
What does not qualify by itself: disagreement with the decision, the sanction, or how evidence was weighed; the fact that an official previously handled another matter involving the student; general claims of unfairness, “discrimination,” or “retaliation” without supporting facts; or allegations based only on the student’s protected status (including disability) without a link to a specific biased act or conflict in this case.
Disability-related concerns: If the appeal raises disability issues, the student must identify (1) the accommodation requested or a specific need for one, (2) when and how it was requested (or why it could not be requested), and (3) how a denial or failure to implement an approved accommodation likely affected the outcome. Disability accommodation concerns may also be referred to Midwestern University’s ADA/Section 504 process. The appeal will consider accommodation issues only to the extent they meet the standard above and materially affected the conduct outcome.
Excessive Sanction. The sanction is clearly disproportionate to the violation and the circumstances—so much so that it falls outside what a reasonable decision-maker would impose under Midwestern University’s sanctioning approach. The student must show this by clear and convincing evidence.
Possible Appeal Results: After reviewing the record and the written appeal materials, the Provost may:
Uphold the decision and sanction(s);
Change the sanction(s) (including reducing or increasing sanctions, consistent with Midwestern University policy and fairness);
Send the matter back for limited additional review or fact-gathering on a specific issue identified in the appeal; or
In rare situations, reverse the decision if the student meets the appeal burden and the record shows the outcome is unreliable or clearly unfair.
Good-faith requirement: Appeals must be submitted in good faith. Knowingly false statements or knowingly submitting falsified documents may be treated as a separate conduct violation.
Finality: The Provost’s written decision is final and will be issued within a reasonable time.
