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SPECIAL CHOICE OF RESOLUTION FORM 

Student Conduct and Commun ity Standards 

University of Oregon 

Student Name: Brandon Tristan Austin 

Incident Date: March 09, 2014 Case Number: 00516-002-2014 

Description: You engaged in sexual acts with a fellow student without explicit 

permission. 

Summary of Alleged Violations: 

1. Sexual Misconduct: Oregon Administrative Rule 571-021-0120(3)(h) 

Sexual Misconduct. A mission of the Student Conduct Code is to encourage 

good decision-making, personal integrity, and interpersonal behavior that is 

cooperative rather than coercive and that respects the rights of others. Sexual 

misconduct violates these values, and is committed when a student engages 

in sexual behavior described in OAR 571-021-0105(30). OAR 

571-021-0105(30) "Sexual Misconduct" means: (a) Unwanted Penetration is 

Penetration of another person, or causing the Penetration of another person, 

when one: (A) Does not first obtain Explicit Consent from that person; or (B) 

Knows or should have known the person was incapable of consent by reason 

of Mental Disorder, Mental Incapacitation, or Physical Helplessness. (b) 

Nonconsensual personal contact occurs when a student subjects another 

person to contact of a sexual nature when a reasonable person would know 

that such contact would cause emotional distress: (A) Without having first 

obtained Explicit Consent; or (B) When he or she knows or should have 

known the person was incapable of consent by reason of Mental Disorder, 

Mental Incapacitation, or Physical Helplessness. (c) Sexual advances, 

requests for sexual favors, and other verbal or physical conduct of a sexual 

nature that interferes with work or academic performance because it has 

created an intimidating, hostile, or degrading environment and would have 

such an effect on a reasonable person of the alleged complainant's status 

when the conduct is unwelcome and sufficiently severe or pervasive that it 

deprives that person of benefits of the University's educational environment. 

Students accused of violating the Student Conduct Code have a choice of 

how they can have their case heard. Sign below ONE choice: 

EXHIBIT D - Page 1 of 3 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

Case 6:15-cv-02257-MC Document 11-4 Filed 01/25/16 Page 1 of 3
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1. Special Administrative Conference: This option is a hearing with an 

administrator. If you select this option, the hearing can take place immediately 

afterward. In this type of hearing, the full range of sanctions are possible. All 

decisions made are final; you cannot appeal. Also, during this type of hearing, 

the administrator may refer you to the Restorative Justice program or Conflict 

Resolution Services in addition to or in substitution of sanctions. 

I affirm I have had the opportunity to consult with an adviser of my choosing. I 

also understand that by waiving my right to a panel hearing, I give up the right 

to have the accuser at the hearing with me. I agree to waive my right to an 

appeal, and I give permission for the Director of Student Conduct and 

Community Standards or his designee, to choose from the full range of 

University sanctions if he or the designee finds me responsible. These 

include suspension, €)(pt:1l and/or ti notation on my academic _ --L 

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2. Panel Hearing: This option is a hearing with a panel made up of a mixture 

of four to five students, staff, and faculty. If you select this option, a hearing 

time will be set 21-30 days later (or longer depending on term breaks and the 

discretion of the Director of SCCS). In this type of hearing, all University 

sanctions are possible, including suspension, expulsion, and negative 

notation on the transcript. You or the complainant may appeal the Panel's 

decision on the limited bases allowed by the Student Conduct Code. 

Date: 

Students may have an advisor present with them during the hearing, but it is 

not required. Indicate your advisor situation with initials: 

1. I am not here with an advisor nor do I wish to have one. 

2. I am here with an advisor: L CA vr.... fh0mEXHIBIT D - Page 2 of 3 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

Case 6:15-cv-02257-MC Document 11-4 Filed 01/25/16 Page 2 of 3
' 

.., . .., ' 

Case heard by: None 

Case heard in default? yes I no date: ___ _ 

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Hearing Notes/Sanctions: 

EXHIBIT D - Page 3 of 3 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

Case 6:15-cv-02257-MC Document 11-4 Filed 01/25/16 Page 3 of 3