Investigation Process Details
Generally, the university will follow the process as outlined in this document. However, the processes set forth in this document are guidelines and are not intended to create any contractual obligations or expectations. The university reserves the right, at its discretion, to vary from these procedures according to the circumstances, so long as the student receives from the university prior to disciplinary action, (i) the reported Honor Code violation(s), and (ii) an opportunity to respond.
Investigation and Determination of Reported Honor Code Violations
The Student Honor Office will investigate reported Honor Code violations. This investigation is independent of any civil, criminal, or ecclesiastical proceedings.
Violation Reports and Privacy
Anyone may report an Honor Code violation to the Student Honor Office (SHO), whether the conduct occurred on or off campus. The SHO does not generally investigate anonymous reports. While the SHO and the university strive to maintain confidentiality, they cannot always guarantee it. Subject to the restrictions of the Family Educational Rights and Privacy Act (FERPA) and other applicable laws, the university may disclose names and other information (i) when legally compelled to disclose (all subpoenas, warrants, and court orders are referred to the university Office of the General Counsel), (ii) when the university deems disclosure necessary to provide a student with notice of the nature of the violations alleged them, (iii) when the university deems disclosure necessary for health or safety reasons, or (iv) when otherwise determined to be in the best interest of the university. Information provided to or collected by the SHO with respect to an Honor Code violation and placed in the student's SHO file is considered part of the student's educational record.
The Student Honor Office will investigate reported Honor Code violation(s). Once a report is received, the SHO will conduct an investigation by gathering information from the reported student and others the SHO deems appropriate. The student is encouraged to meet with an administrator from the SHO to respond to the reported Honor Code violation(s) and to provide any facts or information. When there are significant discrepancies or contradictions between the reported information and the student's response, the SHO will attempt to reconcile the discrepancies which may require further investigation. Once the investigation has been completed, the SHO will use the standard "more likely than not" to determine if a violation has occurred. If it is found that a violation has occurred, the SHO will determine appropriate action. Should the reported student not respond to requests, or refuse to meet with the SHO, action may be taken based on the information available.
Civil, Criminal, or Ecclesiastical Proceedings
In situations where a student has been arrested and/or charged with criminal misconduct, the university may take immediate action, including, but not limited to: placing a hold on registration or graduation, probation, suspension, expulsion, or may elect not to take any action. The university may discontinue or amend any action at any time or upon receipt of new information. Further, the university may take immediate action even if the reported student refuses to participate in the investigation or chooses not to disclose relevant information to the SHO.
Student Honor Office proceedings may be carried out prior to, simultaneously with, or following civil, criminal, or ecclesiastical proceedings at the discretion of the SHO. Disciplinary sanctions shall not be subject to change because civil, criminal, or ecclesiastical actions were dismissed, reduced, or resolved in favor of or against the student.
The university may take action on an interim basis pending completion of its investigation when in its discretion such action is reasonably justified. The university may be reasonably justified in suspending the student on an interim basis to protect the safety and well‐being of the campus community, or where the student's behavior presents a threat of disruption or interference with normal campus operations. During such interim action, the student may be denied university privileges for which the student would otherwise be eligible, including but not limited to restricting access to: classes, campus employment, student-approved housing, campus facilities, or other university activities, programs, or performances. The university may discontinue or amend such interim action at any time during the university's investigation. If the student disagrees with the interim action, they may request a review by the Dean of Students.
At any time prior to the Student Honor Office's decision and action, a student may voluntarily withdraw from the university. Once a student voluntarily withdraws from the university, he or she no longer enjoys student status nor any of the benefits, rights, and privileges associated with student status. If a student voluntarily withdraws from the university, the university may nevertheless determine at its discretion to proceed with an investigation of the allegations. The university may put a hold on the student's registration, re‐admission, and/or graduation pending an investigation and/or resolution of the allegations.
The Decision and Actions
At the conclusion of the investigation, the Student Honor Office will review the information and determine an appropriate decision and action. The action will be selected from the following: No Action, Counsel and Education, Warning, Steady Upward Course, Probation, Suspension Withheld, Suspension, and Expulsion. The SHO will then notify the student of the decision, action taken, and any related conditions for reinstatement to good Honor Code standing.
Should the decision be a suspension or expulsion, the student will have an opportunity to request a Student Honor Review. The student may request the review within five business days upon receipt of the Notice of Separation (see Student Honor Review Procedures).
A student must be in good Honor Code standing to graduate and receive a diploma. Students are required to satisfactorily complete any specified conditions in order to return to good Honor Code standing.
The university does not consider the decisions of No Action, Counsel, and Education, Warning, or Steady Upward Course, to be reportable disciplinary actions when responding to a request for a Dean's Certification from another institution or third party. The actions of Probation, Suspension Withheld, Suspension, and Expulsion are reportable disciplinary actions.
Records will be retained for all decisions and actions. The student will be permitted upon written request to review their Student Honor Office file. Information provided to or collected by the SHO and placed in the student's SHO file is considered part of the student's educational record. Consistent with FERPA and BYU-Idaho's Access to Student Records Policy and Procedures, students shall be granted the opportunity, upon written request, to access their own educational records. The information in the records, but not necessarily names, can be accessed within 45 days of a student's written request. Requests should be made through the director of the Student Honor Office. Any student may place a statement of their own regarding the SHO decision and action in their file.