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Operations Manual The University of Iowa


PART II. COMMUNITY POLICIES
DIVISION I HUMAN RIGHTS, AFFIRMATIVE ACTION, AND EQUAL EMPLOYMENT OPPORTUNITY

(Written to conform to Regents Procedural Guide 3/74; amended 9/93; 10/95; 9/97)

CHAPTER 29: HEARING REGULATIONS FOR ALLEGED VIOLATIONS OF REGENTS RULES

(Regents 5/10-11/73)
29.1 Scope
29.2 Definitions
29.3 Hearing Officers
29.4 Communications and Computation of Time Periods
29.5 Status of Person Charged Pending Final Action
29.6 Right to Counsel
29.7 Initial Steps
29.8 Hearing Option
29.9 Failure to Respond
29.10 Informal Discussions with Academic Officer
29.11 Proceedings Before Hearing Officer
29.12 Raising the Issue of Enforceability
29.13 Recommended Decision
29.14 Sanctions
29.15 Reopening of Hearings
29.16 Review
29.17 President's Review and Decision
29.18 Review by the Board of Regents
29.19 Visitors
29.20 Amendment

29.1 SCOPE.
These regulations establish procedures for adjudicating cases involving alleged violations of the Uniform Rules of Personal Conduct at Universities under Jurisdiction of the Board of Regents, State of Iowa, as revised by the Board of Regents in June of 1971, and as such rules may be revised subsequently.
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(RPM 4.22; IAC [681]9.1)

29.2 DEFINITIONS.
As used in these regulations, each of the following words has the indicated meaning:

29.3 HEARING OFFICERS. 29.4 COMMUNICATIONS AND COMPUTATION OF TIME PERIODS. 29.5 STATUS OF PERSON CHARGED PENDING FINAL ACTION.
Pending final action on charges brought under the provisions of these regulations, the status of a person charged shall not be altered except as this may occur by actions of the President under emergency powers set forth in the Rules or as directed by a court order.
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29.6 RIGHT TO COUNSEL.
A person charged and the Academic Officer each may by represented by no more than two persons - legal counsel or other adviser - of his or her own choosing in all proceedings provided for the these regulations. If the person charged has been unable to obtain the assistance of legal counsel or other adviser, the presiding officer of the appropriate group -- Faculty Senate if a faculty member is the person charged; Student Senate if a student is the person charged; Staff Council if a staff member is the person charged -- shall attempt to obtain the services of a qualified person to assist the person charged in the preparation and presentation of his or her case. If after reasonable efforts counsel has not been obtained, the hearing shall proceed.
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29.7 INITIAL STEPS.

29.8 HEARING OPTION.
Within ten days from the date of the Notice of Charges, the person charged may, by notice in writing to the Academic Officer, indicate his or her decision to have the charges adjudicated by a hearing officer.
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29.9 FAILURE TO RESPOND.

29.10 INFORMAL DISCUSSIONS WITH ACADEMIC OFFICER.
At any time prior to final action, the person charged may arrange a conference with the Academic Officer to discuss the case. If agreement is reached between the person charged and the Academic Officer, a written statement of the disposition of the case shall be prepared and signed by the person charged and by the Academic Officer. A copy of the settlement agreement will be forwarded to the appropriate faculty, student, or staff Judicial Commission.
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29.11 PROCEEDINGS BEFORE HEARING OFFICER.

29.12 RAISING THE ISSUE OF ENFORCEABILITY.
If a person charged wishes to challenge the constitutionality or legality of any Rule or regulation on which a charge is based, notice of this fact shall be given to the appropriate presiding officer prior to any hearing. The presiding officer will then set the case for argument before the entire Judicial Commission on this issue, and may request that the parties submit written briefs. If a majority of the Judicial Commission concludes that the Rule or regulation at issue is unconstitutional or illegal, the Judicial Commission shall make that fact known to the President, and request a determination of the issue by the President prior to remanding the case to the hearing officer for an adjudication on the facts. If the President decides that the Rule or regulation is constitutional and legal, the hearing officer and the review panel will accept that decision and apply the Rule or regulation as written. If the days of the notice of challenge being submitted to the presiding officer, the Rule or regulation being challenged shall be deemed constitutional and legal, and an adjudication on the facts shall proceed.

While the failure to raise the issue of constitutionality or legality as provided in this section shall preclude the person charged from raising the issue in proceedings under these regulations, it shall not be deemed to preclude the person charged from raising such an issue in any judicial proceeding he or she may institute to challenge the Rules and regulations or any sanctions imposed under them.
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29.13 RECOMMENDED DECISION.
Within thirty days of the conclusion of the hearing, or from the time set for the submission of briefs if later, the hearing officer shall render a decision in the form of a recommendation to the President. In extraordinary circumstances, the decision may be rendered after the thirty-day period but in no event shall the decision be rendered more than forty-five days after the conclusion of the hearing. The hearing officer's decision shall include 1) findings of fact, 2) conclusions with respect to violation of the Rules drawn from such findings, and 3) recommended sanctions, requirements, or remedial action, if any. The written report of the hearing officer shall be distributed to the person charged, the Academic Officer, the President, and the presiding officer of the appropriate Judicial Commission, depending upon whether the person charged is a faculty member, student, or staff member.
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29.14 SANCTIONS.

29.15 REOPENING OF HEARINGS.
At any time prior to the rendering of a decision by the hearing officer, a hearing may be reopened by him or her on motion of either the person charged or the Academic Officer, if such motion is accompanied by a showing of good cause. Such showing is limited to either the discovery of new evidence or the existence of substantially changed circumstances.
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29.16 REVIEW.
If the person charged wishes a review of the decision of the hearing officer, the following procedures shall be followed:

29.17 PRESIDENT'S REVIEW AND DECISION. 29.18 REVIEW BY THE BOARD OF REGENTS.
Review by the Board of Regents is governed by III-31.1-31.6, these sections containing the review policy of the Board of Regents as adopted in March of 1970. If the Board changes its review policy, the new review policy will be followed. The request for review by the Board of Regents must be made within fifteen days of the final decision referred to in II-29.17. If no such request is made, the matter shall be deemed closed and the final decision by the President will become the rule of the case.
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29.19 VISITORS.
A person who is not a faculty member, student, or staff member who violates the rules and who later seeks to attain status as a faculty member, student, or staff member shall, at the time such status is requested, be subject to these procedures under the provisions governing a person holding the status requested. Thus, a person applying for a position on the faculty who requests review of a hearing officer's decision shall have his or her case reviewed by a faculty Panel; a person applying for status as a student who requests a hearing officer's decision shall have his or her case reviewed by a student panel; and a person applying for status as a staff member who requests a hearing officer's decision shall have his or her case reviewed by a staff member Panel.
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29.20 AMENDMENT.
These regulations, having been approved by the Board of Regents, may be amended only by action of the Board of Regents. The Board agrees that no change shall be made in the regulations or the Rules prior to consultation with appropriate groups at the University.
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