Official University Policy Manual
File code: STU.STUCODE.POL
Approval Date: 05/15/98
Approved By: Board of Trustees
Code of Student Conduct
- Sanctions:
- In recommending or determining a sanction, a
hearing board or judicial officer shall consider all relevant factors
including the nature of the offense, the severity of any damage,
injury or harm resulting from the offense, the student's current
demeanor, and the student's past disciplinary record, if any.
- The following are sanctions which may be imposed
for a violation of this Code:
- Expulsion:
Permanent separation from the institution. The student shall
also be barred form University property.
- Suspension:
Separation of the student from the University for a specified
period of time. The student shall not participate in any University-sponsored
activity and shall be barred from University property, unless
otherwise specified by the Vice President for Student Services
or designee.
- Deferred Suspension:
A specific period of time during which a student's continued
enrollment at the University is clearly in jeopardy. Should
a University judicial board find a student in violation of the
Code of Student Conduct during the period of Deferred Suspension,
the board will automatically consider imposing a lengthy suspension
or an expulsion from the University.
- University Housing Removal:
Removal of the student from University housing for a specified
time. Normally, a student who is found to be in violation of
this Code by the appropriate hearing body or judicial officer
is entitled to five calendar days to vacate his/her University
housing facility.
- Disciplinary Probation:
A specified period of time during which the student is removed
from good disciplinary standing. The student may be precluded
from representing the University in any extracurricular activity
or running for or holding office in any student group or organization.
A letter will be sent to the student's parents or legal
guardians notifying them of the probation. This will occur unless
otherwise stipulated by a judicial officer and approved by the
Student Judicial Officer. This will be waived for students who
are financially independent of their parents/guardians or who
are twenty-one years of age or older.
- Disciplinary Censure:
A specified period of time during which any further violation
of the Code of Student Conduct will likely subject the student
to more severe disciplinary action.
- Disciplinary Reprimand:
A written warning to the student that the cited behavior is
not acceptable by University standards. The student is warned
that further misconduct may result in more severe disciplinary
action.
- Restitution:
The student is required to make payment to the University for
loss of or damage to University property.
- Other Sanctions:
Other sanctions may be imposed instead of or in addition to
those specified above, including but not limited to the following:
community service; educational or research projects; mandated
counseling or therapy; relocation to another University living
area; trespass from specified University premises; loss of specified
University privileges; fines for alcohol or controlled substance
policy violations; or loss of institutional financial aid. The
imposition of such sanctions must be related to the nature of
the violation.
- Interim Sanctions:
- For alleged violations of this Code, interim
sanctions, including but not limited to, interim suspension, reassignment
to alternate housing, limitation of access to designated University
housing facilities and/or campus facilities by time and location,
and limitation of privilege to engage in specified University activities
may be imposed by the Vice President for Student Services or a designee.
Such restrictions are to be utilized only when there is reason to
believe that the student poses a substantial threat to harm oneself
or others, damage University property, or disrupt the stability
and continuance of normal University operations and functions.
- During a period of interim suspension, a student
will be denied access to the residence halls, and/or to the campus
(including classes), and to all other University activities or events
which the student might otherwise be eligible to participate in
or attend.
- Prior to imposing an interim sanction for alleged
violations of the Code, the Vice President or a designee contemplating
taking the action shall meet with the student unless it can be shown
that such a meeting is impossible or unreasonably difficult to afford.
During the meeting, the student will be informed of his or her alleged
violation(s) and of the reasons for the proposed interim sanction.
After this information is provided, the student will be afforded
an opportunity to make a brief statement regarding the alleged violation(s).
- If after hearing the student's statement
or following a determination that a meeting with the student is
impossible or unreasonably difficult to afford, the administrator
decides that implementation of an interim sanction is warranted,
the student shall be served with a written notice of the interim
sanction. An interim sanction shall become effective immediately
upon being served with the written notice.
- Interim sanctions are temporary actions that
will be enforced only until such time as a formal student judicial
hearing and the resulting decision making process have been completed.
The required formal hearing shall be provided within a reasonable
length of time which, unless unusual circumstances are present,
shall be held not later than ten calendar days from the date the
written notice was served.
- Interim sanctions are not appealable prior to
the required formal student judicial hearing.
- Student Judicial Programs:
- Student Judicial Programs has been delegated
the responsibility to administer the student judicial system. Responsibilities
include:
- Determining charges to be filed pursuant
to the Code of Student Conduct.
- Interviewing and advising parties involved
in disciplinary proceedings.
- Supervising the training and advising
of all judicial boards.
- Reviewing the decisions of all judicial
boards.
- Maintaining all student disciplinary records
resulting from enforcement of the Code of Student Conduct.
- Resolving disputes and contested issues
that arise out of alleged cases of student misconduct.
- Collecting and disseminating data concerning
student judicial system actions.
- Hearing Boards:
- The University shall establish appropriate
hearing boards which may conduct hearings concerning alleged violations
of the Code of Student Conduct and recommend findings and sanctions.
Such boards include:
- Student Judicial Boards:
Comprised of students, these boards shall be authorized to hear
any cases involving alleged violations of the Code of Student
Conduct where suspension or expulsion from the University will
not be considered.
- University Judicial Board:
Comprised of student, faculty, and staff representatives, this
board shall be authorized to hear cases of alleged violations
of the Code of Student Conduct including, but not limited to,
those which may result in recommendations of suspension or expulsion
from the University.
- Council on Student Welfare:
The Council on Student Welfare shall be the hearing body for
cases involving student organizations charged with violations
under this Code.
- Selection and Removal of Board Members:
- Members of the various judicial boards are
selected in accordance with procedures approved by the Vice President
for Student Services or designee.
- Prospective members of the University Judicial
Board are subject to confirmation by the following: faculty members
confirmed by the Faculty Senate; student members confirmed by the
Student Judicial Officer; and administrative staff confirmed by
the Vice President for Student Services.
- Prior to participating in board deliberations,
new members shall participate in at least one orientation session
coordinated by Student Judicial Programs.
- Student members of any judicial board who are
charged with any violation of the Code of Student Conduct or with
a criminal offense may be suspended from their judicial positions
by the Student Judicial Officer during the pendency of charges against
them. Students found in violation of any charge or offense may be
disqualified from further participation on judicial boards by the
Student Judicial Officer.
- Procedures for Disciplinary Actions:
- Any student, faculty, or staff member may refer
a student or a student group or organization suspected of violating
this Code to Student Judicial Programs. Persons initiating such
referrals are required to provide information in writing pertinent
to the allegation and will normally be expected to appear at a judicial
hearing related to the matter.
- If an alleged violation takes place in or near
a residence hall, the complaint may be filed with the residence
hall director in that area. If an alleged violation occurs elsewhere,
the complaint should be filed with Student Judicial Programs.
- The University may file appropriate charges
against students accused of violating the Code of Student Conduct.
Such charges shall be filed not later than four months after the
discovery of the alleged violation and the identity of the student(s)
involved. If a student has withdrawn or withdraws after the filing
of such charges, either (1) a registration encumbrance will be initiated
and the student notified that disciplinary action may be pursued
upon the student's application for readmission, or (2) the
University will proceed to take disciplinary action under the provisions
of the Code.
- The Student Judicial Officer or a designee will
review judicial complaints to determine whether alleged violations
of the Code may result in removal from University housing, suspension
or expulsion. Students who might be subject to such sanctions shall
be accorded a hearing before a University Judicial Board. All other
cases will be initially scheduled for review through a disciplinary
conference.
- Students referred to a judicial board hearing
may elect instead to have their case resolved through a disciplinary
conference. Sanctions authorized by this Code with the exception
of suspension and expulsion may be imposed, but under such circumstances
the right of appeal shall no longer apply.
- Any student charged with violating the Code
of Student Conduct may request permission from either the judicial
officer involved in the disciplinary conference or the Student Judicial
Officer for a delay in a disciplinary conference or board hearing.
In a case in which criminal charges are pending against an accused
student for the same incident, upon the student's request,
a reasonable delay shall be granted to secure the advice of legal
counsel, except in the case of interim sanctions. All other delays
shall be granted at the discretion of the Student Judicial Officer
or her/his designee.
- Disciplinary Conferences:
- Upon the filing of charges, the University
may schedule a disciplinary conference with the accused student(s)
at which the nature of and the responsibility for the alleged offense
is discussed. The charged student(s) shall be notified in writing
at least three calendar days prior to the scheduled disciplinary
conference and shall have the right to waive the disciplinary conference
and proceed to a hearing board. The judicial officer conducting
the disciplinary conference may withdraw any charge deemed to be
without basis.
- If the substantive facts and sanction(s) can
be agreed upon by the judicial officer and the accused student(s),
a judicial action agreement may be prepared and signed by both.
A signed judicial action agreement shall constitute a waiver of
the right to a hearing and any appeal, and an acceptance of the
finding(s) and sanction(s).
- If the substantive facts and sanction(s) cannot
be agreed upon, the matter shall be referred to the appropriate
hearing board.
- If an accused student fails to appear at a
scheduled disciplinary conference following proper written notification,
the designated judicial officer may review the evidence in support
of the charges and render a decision. Findings and sanctions, if
applicable, will be based on the evidence and not on the accused
student's failure to appear. The decision rendered by the judicial
officer will be final and not subject to appeal.
- Board Hearing Procedures:
- In the event of a board hearing, the charged
student shall be notified at least three calendar days prior to
the date of the hearing. Such notice shall be in writing and include
the following:
- The specific charge(s) citing the appropriate
University policy(ies) or regulation(s) allegedly violated and
the act(s) alleged to have been committed.
- A description of the alleged act(s) including
the time and place (insofar as may reasonably be known) and
a summary of the information upon which the charges are based.
- The time and place of the hearing.
- The procedures to be followed at the hearing.
- In most instances, hearing notification letters
will be sent via campus or United States mail. Notification letters
shall be considered to be received upon delivery to a student's
current local address as recorded with the Office of the University
Registrar. Failure to notify the University of a change of address,
failure to pick up one's notification letter, or failure to
read one's notification letter could result in a case being
reviewed in absentia.
- Any hearing board shall be subject to the following
procedures:
- Members of the board shall be impartial,
i.e., judge the case fairly and solely on the evidence presented.
- Hearings will be closed to the public.
An open hearing may be held, at the discretion of the board
advisor, if requested by the accused.
- Where the student denies the charge(s),
the University presenter/complainant shall bear the burden of
proving the charges by a preponderance of the evidence.
- Should an accused student fail to appear
after proper notification, the hearing shall be conducted in
absentia. Evidence in support of the charges will be presented
to and considered by the judicial board.
- Both the accused student and the alleged
victim may be accompanied by an advisor to assist in the hearing.
The role of an advisor shall be limited to providing advice
and consultation to her or his advisee. Advisors shall not participate
in or disrupt the hearing process. If such a problem occurs,
the board chair may direct the advisor to cease and desist.
If the advisor persists, the board chair shall retain authority
to direct the person to leave the proceedings.
- The presiding chairperson of each board
shall exercise control over the hearing. A hearing board need
not observe formal rules of evidence and may exclude unduly
repetitious or irrelevant evidence.
- A case report shall be completed for each
board hearing. The case report shall include a record of all
parties involved in the hearing, pleadings of the accused, the
board's findings and sanction recommendation(s), and a
rationale for the recommended sanction(s).
- Witnesses shall be asked to present truthful
information.
- Prospective witnesses, other than the
alleged victim and the student accused, shall be excluded from
the hearing during the testimony of other witnesses. All parties,
the witnesses, and advisors shall be excluded during board deliberations.
- Any person, including the charged student,
who disrupts a hearing or fails to adhere to the procedural
rulings of the board chairperson, may be excluded from the proceedings.
- The accused student and University presenter/complainant
shall have the privilege of presenting witnesses who shall be
subject to cross examination by members of the judicial body.
Both the accused student and the University presenter/complainant
will be given the opportunity to request that the judicial body
question witnesses about relevant aspects of their testimony.
Witnesses will not be subject to penalty for failure to give
evidence; however, if a witness who has given evidence refuses
to respond to relevant questions, the witness's testimony
shall be given less weight.
- Pertinent records, exhibits, or written
statements may be accepted as evidence for consideration by
a judicial body at the discretion of the chairperson.
- Board advisors shall serve as the chairperson
for board hearings. They may comment on questions of procedure
and admissibility of evidence and will otherwise assist in the
conduct of the hearing. A board advisor shall be present throughout
the hearing including the board's deliberations.
- A single record of proceedings, such as
a tape recording, shall be made of all hearings before a judicial
body. The record shall be the property of the University.
- A hearing board shall list their recommended
findings of fact, sanction(s), and rationale for the sanction(s)
which shall be included in the official record of the hearing. The
board shall consider the past disciplinary record of the charged
student only after a finding of violation has been determined. The
entire record shall be forwarded to the designated University official
responsible for deciding the disciplinary matter, as follows:
- Student Judicial Boards -- the Student
Judicial Officer.
- University Judicial Boards -- Assistant
Vice President for Student Services -- Student Support Services.
- The designated University official shall within
a reasonable length of time after receiving the judicial board's
recommendation, render a decision in the disciplinary matter and
notify the accused student. Such notification shall be in writing
and include the findings of fact, sanction(s), and rationale for determinations.
The complainant or victim may be apprised of the decision. Such
information shall be communicated orally with a reminder that the
information is confidential.
- Appeals:
- A student found in violation of the Code of Student Conduct may
appeal the findings or sanctions to the
next level in the judicial structure. Appeals of determinations
resulting from student board hearings shall be considered by the
Assistant Vice President for Student Services -- Student Support
Services. Appeals of disciplinary determinations resulting from
University judicial boards shall be considered by the Vice President
for Student Services.
- A letter of appeal must be submitted in writing
to Student Judicial Programs within three calendar days from the
date of the student's receipt of the official decision. Failure
to appeal within the allotted time will render the original decision
final and conclusive.
- Appeal decisions shall be based upon the record
of the original proceeding and upon the written appeal. Students
who file an appeal may request a meeting with the administrator
who will render a decision on the appeal. Such a meeting may or
may not be granted subject to the discretion of the administrator.
- The following shall be considered grounds
for appeal:
- A procedural error or irregularity which
materially affected the decision;
- New evidence of a substantive nature not
previously available at the time of the hearing which would
have materially affected the decision;
- Bias on the part of a judicial board member
which materially affected the hearing;
- The sanction imposed is not commensurate
with the findings of fact established during the hearing process.
- The administrative official reviewing an appeal
may, after reviewing all available information, elect to:
- Affirm the finding and the sanction originally determined.
- Affirm the finding and modify the sanction; however, the
severity of sanction shall not be increased.
- Remand the case to the original hearing board with instructions.
- Dismiss the case.
- Since deference shall be given to the determinations
of hearing boards:
- Sanctions should only be reduced if found
to be grossly disproportionate to the gravity of the offense
and/or the respondent's prior disciplinary record.
- Cases may be remanded to the original
board if specified procedural errors or errors in interpretation
of University regulations were so substantial as to effectively
deny the respondent a fair hearing, or if new and significant
evidence became available which could not have been discovered
by a properly diligent respondent before or during the original
hearing.
- Cases should be dismissed only if the
finding is held to be arbitrary and capricious.
- The imposition of sanctions will normally be
deferred during the pendency of appellate proceedings.
- Disciplinary Files and Records:
- Student Judicial Programs shall maintain disciplinary
records and a disciplinary tracking system, which shall include,
but not be limited to, the respondent's name and related information,
description of the incident, parties involved, Code violations,
sanctions, and other data deemed relevant for no longer than five
years, except in cases of suspension and expulsion. Such information
shall be maintained in accordance with the provisions of the Family
Educational Rights and Privacy Act. Disciplinary records shall be
made available to hearing boards and University officials designated
in the Code of Student Conduct as necessary.
- Students may arrange to review their own disciplinary
records by contacting Student Judicial Programs. Except as provided
in the Code of Student Conduct, the University shall not communicate
a student's disciplinary record and related information to
any person or agency without the prior written consent of the student;
however, the parents or legal guardian of a student who is a minor
may be notified. Disciplinary proceedings under the Code of Student
Conduct shall be private.
- With the exception of cases involving suspension
and expulsion, disciplinary records will be destroyed not later
than five years after a student's graduation or last recorded
semester of attendance at the University.
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