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B. Judicial Procedure for Alleged Violations of the Code of Student Life
- Introduction.
These procedures are designed to cover complaints
against students based on alleged violations of the
Code of Student Life and the Policy on Sexual Harassment,
which is incorporated in the Code of Student Life.
Alleged violations of Regulation 1 (academic misconduct)
are handled under the procedures described in Part
C, Academic Misconduct. Alleged violations of Regulations
2-17 are ordinarily resolved by the dean of students,
who may assign responsibility to a designated department
head or assistant. For complaints of sexual harassment
(including sexual assaults), the Office of Equal Opportunity
& Diversity is the designated department for investigation.
Procedures used to resolve residence hall misconduct
complaints are described below in Section H, Residence
Hall Judicial System. Complaints of abuse of service
privileges, such as overdue library books, parking
violations, intramural sports infractions, and misuse
of placement offices and computer services, are resolved
within the particular department that provides the
service in question. Persons with questions as to
which University procedures apply to a particular
situation may contact the Office of the Dean of Students
or the University Ombudsperson for more information.
- Complaint Procedure.
Any person may bring a complaint against a student
under these procedures based on an alleged violation
of the Code of Student Life (see extent of jurisdiction
in introduction). The dean of students shall designate
a person to investigate and review the complaint and
determine whether formal charges should be brought
against the accused student (refer to subsection 3).
To initiate an investigation, the complainant should
contact the Office of the Dean of Students, except
for complaints of sexual harassment. Sexual harassment
complaints are filed with the Office of Equal Opportunity
& Diversity, which will investigate and forward
the findings to the dean of students. The designee's
investigation may be delayed in the event that concurrent
criminal charges are pending against the accused student
(refer to subsection 13). Depending upon the outcome
of the investigation, complaints may be resolved in
one of three ways: (1) informal agreement between
the accused student and the investigator; (2) formal
charges brought against the accused student at an
administrative hearing; or (3) dismissal of complaint.
- Investigation.
The dean of students or designee will gather relevant
evidence to determine whether there is a reasonable
basis for believing that the Code of Student Life
was violated. In order to make such a determination,
the dean of students or designee may interview the
complainant and witnesses. During the investigation,
the dean of students or designee may meet personally
with the student accused. Alternatively, the student
accused may be notified of the complaint in writing
and given an opportunity to respond. In the event
that the dean of students or designee believes that
evidence shows that there is a reasonable basis for
believing a violation did occur, formal charges will
be brought. A student accused may consult with the
University Ombudsperson or other advisers during the
investigation as well as prior to a hearing or following
a hearing.
During the period of investigation, the dean of students
or designee may seek informal disposition of the complaint
with the student accused. If an informal agreement
is reached, no formal hearing will be held unless
the terms of the informal disposition are breached
or the student requests in writing a formal hearing
within 20 calendar days. Students who fail to comply
with 1 or more provisions of an informal agreement
are in violation of Sections 2 & 3 of the Code of
Student Life.
Once an informal agreement has been concluded, the
accused student will be considered to have waived
his or her right to a formal hearing if a written
request for a formal hearing is not made within 20
calendar days. The 20-day period will commence when
a written summary of the informal agreement has been
mailed to the accused student. After the 20-day period
has elapsed, the accused student may not request a
formal hearing without a showing of good cause. The
determination of good cause will be made by the dean
of students.
- Charge Procedure.
If it is determined that formal charges should be
brought, the dean of students or designee (hereinafter
"charging party") shall send the student involved
a Notice of Hearing which shall (1) set out the rule
or rules which have been allegedly violated, (2) state
the alleged actions or behavior, (3) list the names
of any witnesses intended to be called by the charging
party, (4) advise the student of his or her rights
and of the hearing procedure, by attaching a copy
of the hearing procedure to the letter, (5) state
the time and place of the formal hearing, and (6)
specify the sanction(s) to be imposed if the student
is found guilty.
When a student is formally charged with violating
the Code of Student Life, the charging party may notify
the student that an informal disposition of the charge
may be pursued through discussions between the student
and the charging party. If an informal disposition
is made, the student will be sent a letter stating
the terms of the disposition. If an informal agreement
is reached following a Notice of Hearing letter, no
formal hearing will be held unless the terms of the
informal disposition are breached or the student requests
in writing a formal hearing within 7 calendar days.
Students who fail to comply with one or more provisions
of an informal agreement are in violation of Sections
2 & 3 of the Code of Student Life.
Once an informal agreement has been concluded, the
accused student will be considered to have waived
his or her right to a formal hearing if a written
request for a formal hearing is not made within 7
calendar days. The 7-day period will commence when
a written summary of the informal agreement has been
mailed to the accused student. After the 7-day period
has elapsed, a request for a formal hearing will not
be granted without a showing of good cause. The determination
of good cause will be made by the dean of students.
A copy of the Notice of Hearing will be sent to the
administrative hearing officer, who shall be drawn
from the pool of administrative hearing officers selected
by the president after consultation with the appropriate
constituent groups. Another administrative hearing
officer will serve if a student who is charged can
adequately demonstrate why the assigned administrative
hearing officer should not hear the case. Such an
objection must be made in writing to the dean of students,
with a copy to the assigned administrative hearing
officer, at least 2 University business days before
the hearing is scheduled to begin.
The dean of students may elect to resolve two or more
complaints against one student at a single hearing.
In addition, the dean of students may elect to resolve
a complaint against two or more students at separate
hearings or at a single hearing in the event that
the complaints arose out of the same transaction or
occurrence. Any challenge about complaint consolidation
or separation will be determined by the administrative
hearing officer. To challenge a decision to separate
or consolidate a complaint, the student accused must
notify the administrative hearing officer of the ground(s)
for the challenge in writing at least 2 University
business days before the hearing is scheduled to take
place. If the student charged or the charging party
cannot appear at the time specified, the student or
the charging party must contact the administrative
hearing officer at least 2 University business days
before the hearing is scheduled to begin to arrange
a different time for the hearing. If the student charged
has not contacted the administrative hearing officer
and does not appear at the hearing, the administrative
hearing officer may make a decision on the charge
and the sanction, if any. If the charging party has
not contacted the administrative hearing officer at
least 2 University business days before the hearing
is scheduled to begin and does not appear, the administrative
hearing officer may postpone or continue the hearing
or may drop the charge.
The student charged will be mailed or served the Notice
of Hearing at least 7 University business days before
the hearing. Notice of Hearing will be sent by certified
mail or served personally. The student charged will
receive notification of names of any additional witnesses
intended to be called by the charging party at least
2 University business days prior to the hearing.
- Rights at Hearing.
The student charged is granted by the Judicial Procedure
the following rights at a hearing: (1) to present
his or her side of the story; (2) to present witnesses
and evidence on his or her behalf; (3) to cross-examine
witnesses presenting evidence against the student
as long as the questions are relevant, material, and
not unduly repetitive; (4) to be represented by an
adviser at the student's expense (if any expense is
entailed). Prior to the hearing, the student has a
right to examine his or her disciplinary file in the
Office of the Dean of Students. The student also has
a right to know, upon request, which written documents
or other physical evidence in the disciplinary file
the University representative plans to present at
the hearing. To examine the disciplinary file or learn
what documents will be presented at the hearing, the
student should contact the Office of the Dean of Students
at least 2 University business days before the hearing
is scheduled to take place and arrange a meeting with
the keeper of the record .
The complainant has the following privileges at a
formal hearing; (1) to testify on the issues raised
by the complaint; (2) to be accompanied by a person
who may advise him or her of the hearing process;
(3) to remain in the hearing room following his or
her testimony until all evidence has been presented;
and (4) to be informed of the outcome of the hearing
as permitted under federal laws governing confidential
student record information.
- Hearing.
The administrative hearing officer shall preside at
the hearing. The hearing officer shall (1) inform
the student of the charge, the hearing procedures,
the sanctions to be imposed if found guilty, and his
or her rights and (2) answer any questions the student
charged may have on these matters. The hearing officer
shall hear and receive evidence to determine whether
a violation of the Code of Student Life has occurred.
The hearing shall be recorded.
The hearing shall be closed unless the student charged
specifically requests in writing at least 2 class
days before the hearing that the hearing be open.
If the student requests an open hearing, the administrative
hearing officer may nonetheless elect to close all
or part of the hearing. The administrative hearing
officer may elect to exclude persons who are to appear
as witnesses.
After informing the student of the hearing procedures,
the administrative hearing officer shall ask the student
charged to plead guilty or not guilty. If the student
pleads not guilty, the charging party shall present
the University's case and shall offer evidence, which
may include written testimony and/or witnesses, in
support of the charge. Ordinarily, each witness will
remain outside of the hearing room until called to
testify and, once seated, will be requested to respond
truthfully to the questions posed. The student charged
may cross-examine the evidence presented by the charging
party. The student charged may then present his or
her case and may offer evidence, which may include
written testimony and witnesses, in his or her behalf
which shall be subject to cross-examination by the
charging party. The student and the charging party
may present character witnesses in cases where such
evidence is relevant to the findings of fact.
If the student pleads guilty to all of the charges
contained in the Notice of Hearing, neither party
need present evidence and the hearing shall be concluded.
The charging party bears the burden of showing by
a preponderance of evidence that the Code of Student
Life was violated. The administrative hearing officer
may exclude irrelevant, immaterial, or unduly repetitive
evidence. In the event the hearing is disrupted, the
administrative hearing officer may insist that 1 or
more individuals leave the hearing room if such a
measure is necessary to maintain the level of decorum
appropriate for such a forum. A finding by the administrative
hearing officer shall be based upon the kind of evidence
on which reasonably prudent persons are accustomed
to rely in the conduct of their serious affairs. Objections
to evidentiary offers may be made and shall be noted
in the record.
The administrative hearing officer's decision as to
whether the Code of Student Life was violated may
be rendered orally at the close of the hearing. A
written decision shall ordinarily be issued within
5 University business days after the hearing, and,
in any event, within 10 University business days after
the hearing.
Notification of Decision shall be sent to the student
charged by certified mail or campus mail, to the charging
party, the dean of students, and to other appropriate
University officers. If the charged student is found
to have violated the Code of Student Life, the hearing
officer shall attach to the Notification of Decision
a copy of the sanction document previously enclosed
in the Notice of Hearing letter. The hearing officer's
Notification of Decision letter shall also include
a statement of the appeal procedure.
If the charged student is found to have violated the
Code of Student Life, the sanction document attached
to the Notification of Decision will be placed in
the student's disciplinary file in the Office of the
Dean of Students as evidence that the sanction was
imposed. In those cases where the student was charged
with violating the Code of Student Life on more than
one occasion, the dean of students may place a document
in the student's disciplinary file to clarify which
sanctions have been imposed, with a copy sent to the
student.
- Appeal by the Accused.
All appeals must be filed with the Office of the Provost
(hereinafter "provost") with supporting materials
(if desired) in the provost's office within 10 University
business days following the receipt of the written
notification of the administrative hearing officer's
decision. The student's written petition for appeal
should specify the grounds for appeal from the list
of five grounds enumerated below. The provost shall
designate an appropriate individual to review the
record of the hearing and the past disciplinary records
of the charged person.
Ordinarily, no new evidence will be received with
respect to the findings of fact and the interpretation
and application of the conduct regulations. At the
discretion of the provost's designee, evidence on
the charged party's character may be submitted in
writing to assist in determining an appropriate sanction.
During the appeal, sanctions imposed by the vice president
shall remain in effect. A student suspended or expelled
may request, from the vice president, permission to
attend classes until the provost's designee has made
a decision on appeal.
The provost's designee may recommend to the provost
that the decision be affirmed. The provost's designee
may also recommend that the decision be reversed,
modified, or other appropriate relief be granted,
if substantial rights of the student have been prejudiced
because (1) the finding of guilt was unsupported by
substantial evidence in the record made before the
administrative hearing officer when the record is
viewed as a whole; (2) with respect to issues disputed
at the hearing, the decision to find the student guilty
of violating the conduct regulations was, as a whole,
unreasonable, arbitrary, or capricious or characterized
by an abuse of discretion or clearly unwarranted exercise
of discretion; (3) the sanction imposed for the violation
was unreasonably harsh or inappropriate when the nature
of the violation and the disciplinary record of the
charged person are considered; (4) the procedures
were not properly followed; or (5) new evidence, not
reasonably available at the time of the hearing, is
of sufficient importance to warrant reconsideration
by the hearing officer. The student's written petition
for appeal should specify the grounds for appeal.
The decision on appeal and the reasons therefore will
be transmitted to the student charged, the charging
party, the dean of students, and other appropriate
University officials within 30 calendar days of the
receipt of the Notice of Appeal. The decision of the
administrative hearing officer and the final decision
on appeal, as well as the notices and other related
documents, will be kept in the student's disciplinary
file in the Office of the Dean of Students.
- Appeal by the Charging Party.
The charging party may appeal the decision of the
administrative hearing officer to the provost to challenge
the interpretation and application of the conduct
regulations. The charging party may not appeal the
administrative hearing officer's conclusions as to
the facts of the case.
To appeal, the charging party shall file a written
petition with supporting materials (if desired) in
the provost's office within 5 University business
days following the receipt of the written notification
of the administrative hearing officer's decision.
A copy of the petition shall be sent to the charged
student.
The charging party's written petition for appeal should
specify the grounds for appeal. To warrant a change
in findings regarding the conduct regulation(s) allegedly
violated, the hearing officer's interpretation and
application of the regulation to the facts of the
complaint must be so unreasonably narrow given the
nature of the conduct and the regulation's purpose
as to undermine the University's educational mission.
The provost shall designate an appropriate individual
to review the record of the hearing and the past disciplinary
records of the charged person. The provost's designee
may recommend to the provost that the decision be
affirmed, reversed, or modified. The provost may also
remand the complaint to the administrative hearing
officer with instructions to reconsider the decision.
The decision on appeal and the reasons therefore will
be transmitted to the student charged, the charging
party, the dean of students, and other appropriate
University officials within 30 calendar days of the
receipt of the petition, and will be kept in the student's
disciplinary file in the Office of the Dean of Students.
- Sanctions.
The vice president has the authority to impose any
one or a combination of the following disciplinary
sanctions if the student is found guilty by a hearing
officer. The sanctions imposed will be those specified
by the vice president in the Notice of Hearing. The
following are to serve as guidelines rather than as
a definitive list of sanctions.
- Disciplinary Warning: This is a strong, written
warning that if there is a repetition of the same
action or any other action in violation of the
Rules and Regulations of the Code of Student Life,
the student can expect additional disciplinary
action. A record of the disciplinary action is
kept on file.
- Disciplinary Probation: When on disciplinary
probation a student is not considered to be in
good standing with respect to the non-academic
disciplinary system and any further violations
may lead to suspension or expulsion from the University.
- Restitution
and Fines: A student may be assessed reasonable
expenses related to the misconduct. This may include,
but is not limited to, the repair/replacement
cost for any damage he or she causes to property
or medical or counseling expenses incurred by
the victim.
If a student violates a residence hall policy that calls for the imposition of a fine, a fine will be assessed consistent with residence hall practice.
- Educational Sanction: A student may be required
to provide a specific service or participate in
a specific program, receive specific instruction,
or complete a research assignment. The student
is responsible for related expenses, including
expenses for education, counseling, or treatment,
if any expense is entailed.
- Exclusion from University Facilities or Activities:
A student may be prohibited from accessing University
computer equipment or internet connections, attending
a class, undertaking University employment, entering
a building, participating in an extra-curricular
activity sponsored by the University, representing
the University in an official capacity, or using
other services provided by the University. Such
exclusion may be for a definite or indefinite
period of time.
- Disciplinary Suspension: A student may be involuntarily
separated from the University for a stated period
of time after which readmission is possible. A
student with one or more violations may be suspended
from the University for an indefinite period of
time. A student suspended indefinitely may petition
to the dean of students for reinstatement.
- Expulsion: When a student has a record of serious
violations, he or she may be dismissed from the
University permanently.
- Residence Halls Suspension: A student may be
involuntarily separated from the residence halls
indefinitely or for a stated period of time after
which readmission is possible. Unless specifically
permitted to do so by the dean of students, a
student suspended from the residence halls is
ineligible to use residence hall services, including
board plans, and may not enter the residence halls.
For purposes of progressive discipline, a student
suspended from the Residence Halls may be suspended
or expelled from the University if he or she is
found to have violated the Code of Student Life
subsequent to the housing suspension.
- No-Contact Order: A student may be prohibited
from intentionally contacting a student, employee,
or visitor to campus in any manner at any time.
Such prohibition may be in effect for a specific
or an indefinite period of time.
When a student fails to respect the general conditions
conducive to learning in violation of the Code
of Student Life, the University’s response
will be corrective rather than punitive in order
to ensure that the student may learn to exercise
his or her freedom responsibly. In furtherance
of the University’s educational mission,
corrective action requires that the offending
student be held accountable and receive a second
opportunity to demonstrate good character after
a single minor violation. In those egregious cases
where the demonstrated misbehavior is subversive
to the learning process and cannot be tolerated,
an individual may be separated from the University.
Taking responsibility for one's misconduct goes beyond
acknowledging the wrongful conduct and entails the
formal ratification of disciplinary measures that
anticipate the possibility of additional misconduct.
In assigning sanctions consistent with the Code's
educational purpose, the principle of progressive
discipline is paramount. Thus, increasingly harsh
sanctions will be applied for additional violations
regardless of whether the misconduct is similar in
nature. Furthermore, counseling sanctions (e.g., drug
education and community service) are not intended
to serve as a substitute for status sanctions (i.e.,
warning, probation, and suspension).
For example, a student found guilty of a second offense
after being placed on one-semester probation for the
first violation can expect suspension or an extension
of the probation, in addition to any counseling sanction.
Ordinarily, a student found guilty of serious assault,
threats with a weapon, possession of a gun or other
dangerous weapon, sexual assault, possession of cocaine
or other hard drugs, or distributing illegal drugs
is suspended or expelled from the University even
if there are no prior sanctions on the student's record.
Students guilty of offenses warranting probation may
also forfeit their residential privileges. The following
violations ordinarily result in a Residence Hall suspension
regardless of the student's prior record: possession
or use of marijuana, false fire alarm, or an open flame violation.
This list of offenses is not intended to be complete;
other conduct not listed above may also warrant suspension
from the University or from the residence halls. A
student found in possession of a beer keg or other
large quantity of alcohol on campus is subject to
immediate Residence Hall suspension and possible University
suspension.
- Interim Sanctions.
A student may be suspended from the University or
have privileges revoked pending the outcome of a disciplinary
proceeding if, in the judgment of the dean of students,
the student's continued presence or use of privileges
at the University pending the outcome of the proceeding
is likely to cause harm to faculty, staff, other students,
other specified persons or groups, or University property.
The dean of students will base an interim sanction
judgment on evidence gathered in the initial stage
of an investigation of the alleged conduct. Ordinarily,
the dean or the dean's designee will converse with
the student when interim suspension is considered.
A student suspended under this section may seek review
of that decision by requesting the dean of students
to reconsider the decision within 5 University business
days after the student has received Notice of Suspension.
The student may request that a formal University
disciplinary hearing be held
to resolve the merits of the complaint.
- Compliance with Sanctions.
Students who fail to comply with a sanction in a reasonably
timely manner are subject to additional disciplinary
action by the vice president, which may include Suspension
from the University. The vice president's authority
to take additional disciplinary action in cases of
non-compliance extends to complaints resolved through
informal agreement, complaints resolved at a formal
hearing, and complaints resolved by another student
services department such as
University Housing.
For purposes of this subsection, "sanction" includes
but is not limited to Educational Sanctions, Restitution,
and Exclusion from University Facilities or Activities
described in subsection 9. In the event that a student
fails to comply with a sanction and the vice president
is prepared to impose a Suspension, the student will
be notified of the apparent failure to comply and
of the vice president's intent to suspend, and provided
an opportunity to meet personally with the vice president
and explain the circumstances prior to a final decision
by the vice president. A student suspended for failing
to comply with a sanction may appeal the vice president's
decision to the Office of the Provost but is not entitled
to a formal hearing before an administrative hearing
officer. All appeals must be made in writing to the
Office of the Provost within 10 business days following
the date of the decision by the vice president.
- Records.
If disciplinary action is taken against a student
under these procedures and a sanction imposed, a record
of the action will be kept by the Office of the Vice
President. The Office of the Vice President will determine
the length of time a disciplinary record is to remain
on file.
Under federal law, disciplinary records are part of
the education records of the student and, consequently,
are not ordinarily available for public disclosure
or discussion (refer to "Student Records Policy,"
section I.C of Policies & Regulations affecting
Students ). The Office of the Vice President
will disclose information relating to a student's
nonacademic disciplinary record with prior written
permission from the student.
- Concurrent Criminal Charges.
Students who face criminal charges may also be subject
to University disciplinary sanctions if the conduct
which gave rise to the criminal charges also violates
the Code of Student Life. An initial investigation
may be undertaken before criminal procedures have
concluded in order to determine whether interim sanctions
are to be invoked. The vice president may prefer to
delay the resolution of a Code of Student Life complaint
if concurrent criminal charges are pending. If the
vice president elects to do so, the Code of Student
Life complaint will be resolved after the criminal
charges are resolved unless the student requests a
hearing to resolve a University complaint while criminal
charges are pending.
University regulations and procedures are distinct
from criminal statutes and procedures. The outcome
in a criminal or civil proceeding is not dispositive
of the question of whether the Code of Student Life
was violated in all cases. A student charged with
criminal misconduct will be considered guilty of violating
University conduct regulations and therefore subject
to disciplinary sanctions if convicted in criminal
court of conduct prohibited under the Code of Student
Life. For purposes of these procedures, a conviction
includes a guilty plea, jury verdict, judicial decision,
or deferred judgment. In the event a convicted student
files a criminal appeal, the University will consider
the question of criminal guilt to be final only after
the matters on appeal have been resolved, although
the vice president may impose an interim sanction
pending the outcome of an appeal or proceed with disciplinary
charges. Due to the less stringent standard of proof
under these judicial procedures, a student accused
but not convicted of a crime following a trial is
still subject to University disciplinary action if
found guilty by an administrative hearing officer.
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