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The UH System-wide Executive Policy 7.208 govern student conduct matters at the University of Hawaii, including Windward Community College.

The below Interim UH Community College (UHCC) Guidelines for Student Conduct and Procedures govern student conduct matters for the UHCC system including Windward Community College.

Reporting & Investigation of Violations

All reports of violations[1] of the Student Conduct Code shall be submitted to the Student Conduct Administrator in writing and signed by the Reporting Party. In emergencies or exigent situations, the Student Conduct Administrator may proceed without a written report.

  1. Statute of Limitations
    • Potential violations of the Student Conduct policy must be reported to the Student Conduct Administrator within 180 days of the incident. Exceptions to this can be made at the discretion of the Chancellor.
  2. Investigation
    • Upon receiving a report that an alleged violation of the Student Conduct Code has occurred, the Student Conduct Administrator will review the report. If it is found that the alleged behavior does not constitute a potential violation of the Student Conduct Code, the Student Conduct Administrator or designee may dismiss or attempt to administratively resolve the matter.  Such disposition shall be final and there shall be no subsequent proceedings.  If the Student Conduct Administrator or designee concludes that the alleged behavior may violate the Student Conduct Code, the Student Conduct Administrator or designee shall resolve the matter administratively or initiate an investigation. 
    • The student(s) accused of misconduct will be notified in writing of the alleged violations and provided an opportunity to meet with the Student Conduct Administrator or designee to discuss and respond to the alleged violations.  They are able to present any and all relevant information and evidence at that time as well as identify potential witnesses.  If a Responding Party chooses not to respond to the alleged violations or otherwise participate in the process, the Student Conduct Administrator or designee has the authority to render a decision and take appropriate action, which may include imposing sanctions.
    • Both the Reporting Party and Responding Party may be assisted by an advisor of their choice, at their own expense. The advisor may be a member of the campus community and may not be an attorney unless provided otherwise herein. The Responding Party is responsible for presenting his/her own information, and therefore, advisors are not permitted to speak during or to participate directly in an investigation. A Responding Party should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the investigatory meeting because delays will not normally be allowed due to the scheduling conflicts of an advisor. If a Responding Party is also the subject of a pending criminal matter arising out of the same circumstances, s/he may be allowed to have an attorney serve as his/her advisor, at his/her own expense, to behave in the same manner as any other advisor above.  In the event that an attorney is present as an advisor, an attorney from the Office of General Counsel may also be present to assist the Student Conduct Administrator or designee as the University’s attorney.
  3. Determination of Charge and Administrative Decision
    • If, following the investigation, the Student Conduct Administrator or designee finds that the existing information fails to support the alleged violation or the report is frivolous, no action will be taken against the Responding Party and the case will be dismissed.
    • If the Student Conduct Administrator or designee determines that it is more likely than not that the Responding Party violated the Student Conduct Code, s/he will render a decision and sanctions as appropriate. Under the discretion of a Student Conduct Administrator, higher level sanctions may be referred to a campus-based Student Conduct Board who will render decisions and sanctions as appropriate.
    • The Responding Party will be informed in writing of the decision and any sanction(s). Documentation will be filed into the student’s disciplinary record.
    • If the accused student accepts the decision and sanction(s), no further action will be taken and the documentation will be filed into the student’s case file.
    • The Reporting Party must be provided notification that the investigation has concluded.
  4. Process for Dealing with Academic Dishonesty
    • In cases of suspected or admitted academic dishonesty, campuses will follow existing campus procedures on resolving these matters.  In the event that no campus procedures exist, the following steps will be taken:
      • The instructor involved shall initially attempt to resolve the matter with the student.
      • Instructors are encouraged to bring the matter to the attention of the departmental chairperson and/or academic dean of the instructor’s school or college.
      • Additionally, an instructor may formally refer any case of academic dishonesty to the Student Conduct Administrator if it requires action beyond the purview of instructional faculty and/or academic affairs.  The Student Conduct Administrator or designee shall pursue such cases to determine appropriate disciplinary actions if, after a preliminary investigation, it is his/her determination that sufficient information exists to establish that an act of academic dishonesty took place.
  1. Sanction
    • Sanctions imposed under the Student Conduct Code are intended to be primarily educational in nature and should be commensurate with the violations found to have occurred. 
    • Sanctions, which include but are not limited to the following consequences listed below, may be imposed upon a student found responsible for violating the Student Conduct Code. One or more of the following consequences may be imposed for any single violation when a student has been found to have violated the Student Conduct Code: 
      1. Written Reprimand/Warning – A notice in writing to the student that s/he is violating or has violated institutional policies and that continuation of specified behavior may be cause for more severe disciplinary sanctions.
      2. Probation – Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating institutional policies during the probationary period.  While on probation, the student is expected to demonstrate the ability to function as a responsible member of the campus community.
      3. Loss of Privileges – Denial of specified privileges for a designated period of time.
      4. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
      5. No Contact – Formal instruction to refrain from contact with related parties.  This includes, but is not limited to, in-person, by telephone, email, or text message; contact or reference on social media or other electronic means of communication, verbal, or written interactions, non-verbal gestures, “looks,” and any other means of communication and/or contact and contact through a third party (other than attorney-to-attorney communication) such as a friend, family member, co-worker, classmate, teammate, faculty, staff or other.
      6. Other Discretionary Sanctions – Work assignments, essays, and/or service to the campus community; assessments; participation in alcohol or other drug education programs; restorative justice activities; or other related assignments imposed at the discretion of the Student Conduct Administrator or designee.
      7. Suspension – Suspension from the designated institution for a specified period of time, after which the student is eligible to return.  Conditions for readmission may be specified.
      8. Dismissal – Permanent dismissal of the student from the designated institution.
      9. Revocation of Admission and/or Degree – Revocation of admission to or a degree awarded from a designated institution for fraud, misrepresentation, or other violation of UH standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
      10. Withholding Degree – Withhold awarding a degree otherwise earned until the completion of the process set forth in the decision, including the completion of all sanctions imposed, if any.
      11. Sanctions for Registered Independent Organizations (RIO) and Other Student Groups/Organizations – When a student organization is found responsible for violating the Student Conduct Code, the college or university may take action not only against the student(s) involved, but also against the organization itself.  Sanctions, including those listed below, may be imposed upon RIOs and other student groups or organizations:
        1. Those sanctions listed above and below;
        2. Loss of associated benefits and privileges of RIO designation for a specified period of time;
        3. Deactivation – Loss of all privileges, including institutional recognition, for a specified period of time.
      12. Interim Suspension – In certain circumstances, the Student Conduct Administrator, or a designee, may impose a designated campus suspension prior to the Student Conduct Administrator’s investigation and decision.
        1. Interim suspension may be imposed for the following reasons, including but not limited to: a) to ensure the safety and well-being of members of the campus community or preservation of UH property; b) to ensure the student’s own physical or emotional safety and well-being; c) if the student poses an ongoing threat of disruption of, or interference with, to maintain the normal operations of the designated campus; or d) to ensure the orderly business of the designated campus.
        2. Interim suspension will take effect immediately upon the direction of the Student Conduct Officer and last for no more than ten (10) working days (Saturdays and Sundays are not included).  The 10-day period may be extended for good cause by the Student Conduct Administrator or designee or by agreement with the Respondent.
        3. During the interim suspension, a student shall be denied access to the designated campus (including face-to-face and online classes when appropriate) and/or all other designated campus facilities, activities or privileges for which the student might otherwise be eligible, as the Student Conduct Administrator or designee may determine to be appropriate.
        4. The interim suspension does not replace the regular disciplinary process described herein, which shall proceed accordingly.  The student will be notified in writing of the interim suspension and the reasons for it, as well as the duration of the suspension.
  1. System Applicability of Sanctions
    • Students who are found in violation of the UH System-wide Student Conduct Code may face additional disciplinary sanctions across the UHCC system, detailed in Executive Policy EP 7.205, Systemwide Student Disciplinary Sanctions.  The following types of cases may be referred by campuses for consideration of systemwide sanctions:
      • Cases involving conduct that could negatively impact multiple campuses simultaneously;
      • Cases that represent repeated violations of a similar nature by the same individual at 3 or more campuses;
      • Cases that represent significant safety concerns.
    • Once a case is deemed appropriate for consideration under EP7.205, the procedures outlined within the University’s EP7.205 policy will be followed.
    • In cases involving multiple campuses, and/or for cases that involve higher level sanctions, disciplinary action may be imposed at one or all campuses involved. These sanctions may include, but not limited to:
      • Required Fit to Return Assessment and/or Threat/Risk Assessment, assigned by the VCSA or designee or arranged independently, at the student’s expense.
      • Weekly check-ins with a designated campus person, or as determined by the VCSA or designee.
      • Immediate suspension upon repeated offenses while an investigation is pending.
    • These measures ensure safety, compliance with the conduct code and provide support during the disciplinary process.
  2. Disciplinary Records
    • Subject to any University record keeping requirements contained in EP 2.216 and AP 8.450, disciplinary records shall be retained by the campus for a minimum of seven (7) years from the date of the final disposition of the case. Cases involving the imposition of sanctions of residence hall expulsion, campus suspension, campus dismissal or revocation or withholding of a degree shall be permanently retained by the institution.
    • Student disciplinary records are protected by the Federal Education Rights and Privacy Act (FERPA) and may also be protected by the State of Hawaii’s Uniform Information Practices Act (UIPA).  Any disclosure of student disciplinary records shall be made in accordance with these statutory provisions.
    • To assist with FERPA disclosure and record keeping requirements, FERPA Forms 4 (Subpoena Checklist) and 5 (Notification of Subpoenaed Records) are available as attachments to AP7.022 Procedures Relating to Protection of the Educational Rights and Privacy of Students (http://www.hawaii.edu/policy/).
    • FERPA-protected records are classified as “sensitive” under EP2.214, UH Institutional Data Classification Categories and Information Security Guidelines (http://www.hawaii.edu/policy/). These records must be protected, e.g., encrypted at rest and during transmission, according to UH technical guidelines (https://www.hawaii.edu/infosec/techguidelines/).
  3. Appeal of Administrative Decision
    • The student may appeal a decision made.  In order to appeal, they must:
      1. Submit an appeal in writing to the Student Conduct Administrator or designee within ten (10) calendar days of the date of the written decision for one or more of the following grounds:
        1. New Information: To consider new information or based exclusively on other relevant facts sufficient to alter a decision not in the Student Conduct Administrator’s investigation, because such information and/or facts were not known to the student appealing at the time of the Student Conduct Administrator’s investigation, the student appealing could not have discovered such information and/or facts through the exercise of reasonable diligence, and the absence of such information and/or facts was sufficient to have materially and detrimentally affected the outcome.
        2. Procedural Error: To determine whether the Student Conduct Administrator’s investigation was conducted fairly in light of the complaint and information presented, and in conformity with prescribed procedures.  Deviations from prescribed procedures will not be a basis for sustaining an appeal unless the deviation(s) resulted in significant prejudice (i.e., there was significant procedural error of a nature sufficient to have materially and detrimentally affected the outcome.
        3. Substantive Facts: To determine whether the decision reached regarding the Responding Party was based on information that, if believed by the Student Conduct Administrator, was sufficient to establish that a violation of the Student Conduct Code occurred.
      2. The student’s written appeal will be forwarded to the designated Appellate Officer for review.  This review will determine if the student’s written appeal meets one or more of the purposes cited in Section V.
      3. The designated Appellate Officer may, at his or her discretion, request written clarification from the parties that the Appellate Officer deems appropriate to make a determination regarding the appeal request.
      4. The Appellate Officer, in consideration of relevant appeal information only shall determine whether to uphold or deny the appeal.  If an appeal is denied, the decision shall be considered final and binding. If an appeal is upheld, the Appellate Officer may:
        1. Remand the case to the original Student Conduct Officer to re-hear only the information raised on appeal.  If this occurs, the Appellate Officer must notify the student in writing of this action.
        2. Assign another Student Conduct Officer to review the information and make a decision regarding responsibility.
        3. Consider the new information presented and make the final determination with appropriate sanctions.
    • The decision of the Appellate Officer (or a Student Conduct Office and/or Student Conduct Board, when the case is assigned by an Appellate Officer for an appellate purpose) when made in any of the circumstances listed above, shall be final and binding.  
  4. Interpretation and Revision
    • Any question of interpretation or application of the Student Conduct Code shall be referred to the Student Conduct Administrator or her/his designee for final determination.

[1] These procedures do not supersede Title IX procedures outlined in EP 1.204.

Updated June 20, 2025

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