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Delaware · Public University

Delaware State University Student Conduct & Academic Misconduct Defense

Facing a Judicial Council proceeding? AdvocatED advisors know Delaware State's specific process under Student Code of Conduct (Student Judicial Handbook) (UNVERIFIED: needs human research).

If you just received notice

What to do right now at Delaware State

  1. 1Note the exact date on your notice letter and mark every deadline it contains on your calendar, at Delaware State, the appeal window is UNVERIFIED: needs human research into the complete handbook text for specific appeal deadline, and missing a deadline forecloses your options.
  2. 2Do not respond substantively yet. Before you reply to the Judicial Council, review Student Code of Conduct (Student Judicial Handbook) (UNVERIFIED: needs human research) so you know the specific procedure that will be applied to your case.
  3. 3Exercise your right to an advisor. Under Student Code of Conduct (Student Judicial Handbook), you have the right to an advisor (student, staff, or faculty member; attorneys not permitted as advisors), AdvocatED serves in this role and handles the response on your behalf where permitted.
  4. 4Preserve everything related to the allegation, emails, drafts, timestamps, communication with classmates, citations. This evidence often decides the case under Preponderance of the evidence.
  5. 5Contact AdvocatED for a free case review before your Delaware State meeting. We'll explain exactly how Judicial Council will approach your case and what response gives you the strongest position.

Governing Policy

Student Code of Conduct (Student Judicial Handbook) · UNVERIFIED: needs human research

August 2, 2023 (most recent update noted in handbook; originally approved by faculty senate May 18, 2006; updated by DSU Administrative Council October 18, 2011; updated by Office of Judicial Affairs September 1, 2022 and August 2, 2023)

Evidence Standard

Preponderance of the evidence

Jurisdiction

All Delaware State University students on university premises, at university activities, and in off-campus conduct that falls under university jurisdiction, including conduct that may also constitute criminal behavior

Who Decides Your Case

Judicial Council (UNVERIFIED: needs human research)

Each Conduct Board for an individual case consists of three trained Conduct Board Hearing Officers drawn from a pool of faculty members, staff members, and students. A board is made up either of two faculty or staff members and one student member, or of three faculty or staff members. Student members must have a clean conduct record, be in good academic standing, and carry at least a 2.50 cumulative GPA.

How a Delaware State Case Moves

1. How Cases Begin

Incidents are reported to the Office of Judicial Affairs within the Division of Student Affairs. A Prehearing Meeting is then scheduled, giving the student the opportunity to accept or deny responsibility for the alleged violation. If the student accepts responsibility, a sanction is imposed by the Director of Judicial Affairs or designated hearing officer at that time. If the student does not accept responsibility, the case proceeds to a formal hearing before the Judicial Council.

2. The Hearing

Students charged with an alleged violation have the right to a Formal Hearing before the Judicial Council. At the hearing, the student may question witnesses, present evidence and witnesses, and tell their side of the story. Hearings are closed to parents and other relatives. An advisor may assist the student, but advisors must be another student, staff member, or faculty member. Attorneys are not permitted to serve as advisors. Advisors may not speak or question witnesses. Character witnesses may testify about the student's character.

3. Appeals

A student has the right to appeal to a higher judicial body. The Student Judicial Handbook explicitly provides that, to protect individuals against possible errors in judgment, a right of appeal to a higher judicial body shall be provided. The specific appellate body and full procedures are described in the Student Judicial Handbook.

Deadline: UNVERIFIED: needs human research into the complete handbook text for specific appeal deadline

Grounds for appeal:

  • UNVERIFIED: specific grounds for appeal (procedural error, new evidence, disproportionate sanction, etc.) need human review of complete handbook text

Your Rights at a Delaware State Hearing

  • Right to a Prehearing Meeting to accept or deny responsibility before the case proceeds
  • Right to a Formal Hearing before the Judicial Council if responsibility is not accepted
  • Right to question witnesses at the Formal Hearing
  • Right to present evidence and witnesses on one's behalf
  • Right to tell one's side of the story
  • Right to an advisor (student, staff, or faculty member; attorneys not permitted as advisors)
  • Right to have character witnesses testify
  • Right to view one's disciplinary file in the Office of Judicial Affairs to prepare for the case
  • Right to appeal to a higher judicial body
  • Disciplinary records for internal use only; release requires prior written student consent except when officially subpoenaed

Sanctions Delaware State Can Impose

Drawn directly from Student Code of Conduct (Student Judicial Handbook) (UNVERIFIED: needs human research).

  1. 1.Suspension from the university
  2. 2.Expulsion from the university
  3. 3.Disciplinary measures for drug and drug paraphernalia violations (including tiered sanctions based on conduct history; university reserves right to impose any sanction regardless of conduct history given seriousness of violation)
  4. 4.Fines (including for tobacco-free policy violations)
  5. 5.Referral to student conduct system for severe disciplinary sanctions and possible criminal prosecution for certain serious violations
  6. 6.UNVERIFIED: Full enumerated sanction list (warning, probation, housing removal, etc.) needs human review of complete handbook text

What Makes Delaware State's Process Distinctive

Delaware State University is a Historically Black College and University (HBCU) founded under the Second Morrill Act of 1890, originally established as the State College for Colored Students

Attorneys are expressly prohibited from serving as student advisors in conduct hearings; advisors must be a current student, staff member, or faculty member

Students under age 21 found responsible for alcohol or drug violations will have parents notified; for other violations or students over 21 a signed release is required

All hearings are closed; parents and relatives may not attend

Students are required to report all off-campus arrests to the Office of the Vice President for Student Affairs; failure to do so is itself a policy violation

Conduct process uses preponderance of the evidence as the standard of proof

Disciplinary records retained for no less than five years after the student has left the university due to graduation, transfer, or permanent academic dismissal

Common Violations Referred at Delaware State

Cheating on tests or examinations

Plagiarism

Alteration or misuse of university documents, records, or identification cards

Forgery, misrepresentation, or other forms of deceit

Drug and drug paraphernalia violations

Alcohol violations

Hazing (prohibited for any university-recognized or sanctioned organization; may also result in criminal charges under Delaware Anti-Hazing Law section 9302)

Tobacco and smoking violations (DSU is a fully tobacco-free campus as of August 2015; prohibition covers cigarettes, e-cigarettes, hookah, and vapor products in cars, buildings, residential housing, and on any university property)

Criminal conduct including shoplifting and violent acts

Use of a weapon on university premises

Failure to identify oneself to a university official when requested

Gambling on university premises

Failure to comply with imposed sanctions

Failure to report off-campus arrests to the Office of the Vice President for Student Affairs

Title IX at Delaware State

Office of Institutional Equity and Title IX

Title IX Coordinator is Mijrane Belizaire, J.D., located in the Education and Humanities Building, Suite 123. Contact: 302.857.6374, titleix@desu.edu. Formal or informal complaints may be filed through the Title IX Coordinator or as a police report with the DSU Police Department. DSU's Nondiscrimination and Title IX Policy and resolution procedures are published at https://www.desu.edu/TitleIX.

Key Deadlines at Delaware State

  • Grade appeals: must be submitted no later than three weeks into the following regular semester (per DSU graduate program policy)
  • Conduct appeal deadline: UNVERIFIED: needs human research into handbook for specific number of days
  • Disciplinary records retained for no less than five years after departure from the university

Delaware State University is Delaware's only public HBCU and one of the nation's 1890 land-grant institutions, located in Dover, Delaware. As a public university, DSU student conduct proceedings are subject to due process considerations. Delaware's Anti-Hazing Law (section 9302) applies to DSU organizations. The university's fully tobacco-free campus policy, implemented in August 2015, is strictly enforced through the student conduct system. DSU's small, residential campus environment means that student conduct matters often intersect with housing and residential life policies.

Frequently Asked Questions: Delaware State Students

Who handles academic misconduct cases at Delaware State?

Judicial Council (UNVERIFIED: needs human research) has jurisdiction over academic misconduct matters at Delaware State. Each Conduct Board for an individual case consists of three trained Conduct Board Hearing Officers drawn from a pool of faculty members, staff members, and students. A board is made up either of two faculty or staff members and one student member, or of three faculty or staff members. Student members must have a clean conduct record, be in good academic standing, and carry at least a 2.50 cumulative GPA. All Delaware State University students on university premises, at university activities, and in off-campus conduct that falls under university jurisdiction, including conduct that may also constitute criminal behavior

What is the evidence standard at Delaware State?

Delaware State applies Preponderance of the evidence under Student Code of Conduct (Student Judicial Handbook) (UNVERIFIED: needs human research). Judicial Council uses this standard when determining whether a student is responsible for an alleged violation. The evidence standard is critical because it determines how strong the evidence must be before a finding of responsibility can be made.

What rights do I have during a Delaware State conduct proceeding?

Under Student Code of Conduct (Student Judicial Handbook), students facing a Judicial Council proceeding have specific procedural rights, including the right to a Prehearing Meeting to accept or deny responsibility before the case proceeds; a Formal Hearing before the Judicial Council if responsibility is not accepted; question witnesses at the Formal Hearing; present evidence and witnesses on one's behalf. Exercising these rights correctly from the first notice can materially affect the outcome of your case.

How is an academic misconduct case initiated at Delaware State?

Incidents are reported to the Office of Judicial Affairs within the Division of Student Affairs. A Prehearing Meeting is then scheduled, giving the student the opportunity to accept or deny responsibility for the alleged violation. If the student accepts responsibility, a sanction is imposed by the Director of Judicial Affairs or designated hearing officer at that time. If the student does not accept responsibility, the case proceeds to a formal hearing before the Judicial Council.

What sanctions can Delaware State impose for academic misconduct?

Judicial Council can impose a range of sanctions depending on the violation, including suspension from the university, expulsion from the university, disciplinary measures for drug and drug paraphernalia violations, and more serious outcomes including suspension and expulsion. The specific sanction depends on the facts, the student's prior record, and any mitigating factors presented during the proceeding. Sanction-phase advocacy is often as important as the responsibility phase, since even a first finding can carry long-term consequences on transcripts and graduate school applications.

How do I appeal a decision at Delaware State, and what is the deadline?

The appeal deadline at Delaware State is UNVERIFIED: needs human research into the complete handbook text for specific appeal deadline. A student has the right to appeal to a higher judicial body. The Student Judicial Handbook explicitly provides that, to protect individuals against possible errors in judgment, a right of appeal to a higher judicial body shall be provided. The specific appellate body and full procedures are described in the Student Judicial Handbook. Appeal grounds typically include unverified: specific grounds for appeal (procedural error, new evidence, disproportionate sanction, etc.) need human review of complete handbook text. Appeals that succeed are usually the ones that ground each argument in the record and the specific policy language, not emotional or general objections.

Can I bring an advisor to my Delaware State hearing?

Yes. Under Student Code of Conduct (Student Judicial Handbook), students have the right to an advisor (student, staff, or faculty member; attorneys not permitted as advisors). AdvocatED can serve as that advisor and help you prepare your response, question witnesses where allowed, and navigate Delaware State's specific procedural rules. What an advisor can and cannot do varies from school to school, and at Delaware State the rules are set out in the governing policy.

Do I need a lawyer for a Delaware State Judicial Council proceeding?

In most cases, no. Delaware State's proceedings follow university policy under Student Code of Conduct (Student Judicial Handbook), not the legal system. What you need is someone who understands Delaware State's specific procedures, the evidence standard, and how sanctions are assessed. An education advocate typically provides stronger, more targeted guidance than a general-practice attorney because the body of law here is university policy, not criminal or civil procedure. AdvocatED brings deep, specialized expertise in these exact processes at a fraction of a law firm's cost.

How does Delaware State handle Title IX cases?

Delaware State handles Title IX matters separately from general academic misconduct, through the Office of Institutional Equity and Title IX. Title IX Coordinator is Mijrane Belizaire, J.D., located in the Education and Humanities Building, Suite 123. Contact: 302.857.6374, titleix@desu.edu. Formal or informal complaints may be filed through the Title IX Coordinator or as a police report with the DSU Police Department. DSU's Nondiscrimination and Title IX Policy and resolution procedures are published at https://www.desu.edu/TitleIX. Title IX proceedings have their own procedures, evidence standards, and timelines. If you are a respondent in a Title IX case at Delaware State, you should not conflate the process with general conduct cases, and you should respond carefully to any notice you receive.

What are the most common academic misconduct violations at Delaware State?

At Delaware State, the most frequently cited violations include: cheating on tests or examinations; plagiarism; alteration or misuse of university documents, records, or identification cards; forgery, misrepresentation, or other forms of deceit. Knowing which violation is alleged is the foundation of an effective defense, because the response strategy differs substantially based on whether the case involves plagiarism, AI use, exam cheating, collaboration, or a procedural technicality.

What are the key deadlines in a Delaware State conduct case?

At Delaware State, the most consequential deadlines are: Grade appeals: must be submitted no later than three weeks into the following regular semester (per DSU graduate program policy); Conduct appeal deadline: UNVERIFIED: needs human research into handbook for specific number of days; Disciplinary records retained for no less than five years after departure from the university. Missing any of these windows can eliminate procedural options that are otherwise available. If you have received a notice from Judicial Council, document the dates on the notice immediately and calendar every deadline, even ones that do not seem urgent.

References and primary sources

The procedural details on this page come directly from Delaware State's own published policies and official university resources.

  1. https://www.desu.edu/sites/flagship/files/document/21/student-judicial-handbook.pdfPrimary source for Student Code of Conduct, hearing process, evidence standard, violations, sanctions, appeal rights, advisor rules, record retention, and last revision dates
  2. https://www.desu.edu/student-life/judicial-affairsPrehearing meeting process, Formal Hearing before Judicial Council, advisor rules (attorneys prohibited), parent notification rules, character witnesses, hearing closure
  3. https://www.desu.edu/about/administration/university-policies-procedures/office-institutional-equity-title-ixTitle IX office name, coordinator identity (Mijrane Belizaire, J.D.), office location, phone, email, and nondiscrimination statement
  4. https://www.desu.edu/about/administration/university-policies-procedures/sexual-misconduct-harassment-sex-0Title IX complaint filing process; formal and informal complaint options; DSU Police Department reporting
  5. https://www.fire.org/sites/default/files/2024/11/DSU%20student-judicial-handbook.pdfConfirmation of preponderance of evidence standard; hazing policy; sanction definitions section reference; handbook revision history
  6. https://wchbs.desu.edu/sites/chbs/files/document/11/msw_handbook_7_8_19.pdfGrade appeal deadline (three weeks into following semester); reference to Student Judicial Handbook as governing document; DSU institutional history as 1890 land-grant HBCU

Facing a Delaware State Conduct Issue?

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