VII Student Conduct Code Procedures

A. CHARGES AND STUDENT CONDUCT BOARD HEARINGS

1. A complaint against a student for a violation of the Student Code may be brought by any member of the university community or by a university official on behalf of the university. Complaints must be prepared in writing on the standard complaint form, in a letter or memorandum, or on an Incident Report Form. (Forms may be obtained from University Police, Dean of Students' Office, or Office of Residential Life.) Complaints must contain the name(s) of the individual(s) involved and circumstances of the complaint, including specific dates, times, and locations, and name(s) and address(es) of the person(s) filing the report. Complaintsshould be submitted as soon as possible after the event takes place, preferably within 14 days, but generally must be filed no later than 90 days from the date of the incident to one of the following offices: Dean of Students, Residential Life, or University Police.

2. The Student Conduct Administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties and the Student Conduct Administrator. In such event, the disposition shall be final, and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Board or a member thereof. If the student admits to the violation but agreement is not reached as to what the sanction should be, subsequent proceedings, including a hearing if necessary, shall be limited to determining the appropriate sanction(s).

3. The student will be notified that a complaint has been filed against him/her. All charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Board Hearing, not less than five nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of Student Conduct Board Hearings may be extended at the discretion of the Student Conduct Administrator.

4. The Accused Student shall have access to the complaint that may be used against him/her, except University Police reports when criminal matters are pending. Access shall be defined as the ability to review records in the presence of a Student Conduct Administrator. This information will be available in the Dean of Students' Office.

5. Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by Article VII(A)(7) below:

a. Student Conduct Board Hearings normally shall be conducted in private.

b. The Accused Student shall have the right to admit responsibility, not admit responsibility, or remain silent at the hearing. If the Accused Student chooses to remain silent, it will be assumed that the student is not admitting responsibility, and the hearing will proceed.

c. The Complainant, Accused Student, and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or its Student Conduct Administrator.

d. In Student Conduct Board Hearings involving more than one Accused Student, the Student Conduct Administrator, at his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.

e. The Complainant and the Accused Student have the right to be assisted by an advisor they choose who is a member of the university community and may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

f. The Complainant, the Accused Student, and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be asked by the Accused Student and/or Complainant to be answered by each other or by other witnesses. Deviations from this procedure will be at the discretion of the Student Conduct Administrator. Questions of whether potential information will be received shall be resolved by the chairperson of the Student Conduct Board.

g. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the Student Conduct Administrator.

h. All procedural questions are subject to the final decision of the Student Conduct Administrator.

i. After the portion of the Student Conduct Board Hearing concludes in which all available pertinent information has been received, the Student Conduct Board  determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Accused Student has violated the Student Code.

j. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code.

k. Normal rules of process or procedure and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.

6. There shall be a single verbatim record, such as a tape recording, of all Student Conduct Board Hearings before a Student Conduct Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the university.

7. If an Accused Student, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.

8. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined by the sole judgment of the Dean of Students to be appropriate.

9. All determinations of responsibility will be based only on the information presented before the hearing body, but previous or current disciplinary action taken against students will be used in the consideration of the sanction.

10. Written notification of  the hearing body's decision and a short decision rationale will be mailed within five (5) working days after the conclusion of the hearing.

11. The hearing body will prepare a written justification for the sanction imposed in each case. This justification shall be included as part of the student's disciplinary file.

12. Except where they have waived the right to a formal hearing, students have the right to appeal the written decision of the hearing body within five (5) working days of receipt. Criteria for appeal shall be stated on the appeal form. Appeal criteria are explained elsewhere in this handbook.

13. Students generally have the right to continue in their student status until the conclusion of disciplinary proceedings, except in those instances where interim suspension procedures are applied.

B. SANCTIONS

The following sanctions may be imposed upon any student found to have violated the Student Code:

1. Case Dismissed. Any action which closes a case for either of the following reasons: a. The complainant(s) withdraws the complaint prior to the convening of the original hearing body unless the Dean of Students considers it to be in the interest of the university to continue the matter. b. A not responsible finding is reached by the hearing body.

2. Warning. A notice in writing to the student that the student is violating or has violated institutional regulations and indicating that repetition of infractions of university regulations will result in more severe disciplinary action.

3. Probation. A written reprimand for a specific violation. Probation is for a designated period of time during which a student must show a positive change in behavior and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. Disciplinary probation is a status which may involve restrictions, conditions, or terms imposed for a definite period of time which may include but are not limited to ineligibility to participate in university activities or events, periodic contact or counseling with a designated member of the university community, restrictions on access to university facilities and/or housing areas, and change of housing assignment.

4. Loss of Privileges. Denial of specified privileges for a designated period of time. Such action includes but is not limited to use of a specific university facility, campus motor vehicle parking and operating privileges, and social privileges. The Student Conduct Board must specify the date after which the student may regain these privileges.

5. Fines. Previously established and published fines may be imposed.

6. Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

7. Discretionary Sanctions. Work assignments, essays, service to the university, or other related discretionary assignments. A work project or special assignment imposed by a Student Conduct Board. Failure to complete a discretionary sanction by the date set by the Student Conduct Board will result in further disciplinary action.

8. Parental Notification. Notification to a student's parents that the student has been involved in a violation of the Code of Conduct.

9. Residence Hall Suspension. Prohibition of the student from living in or visiting the residence halls for a specified period of time. The student may not reapply for a residence room until the suspension is concluded. This sanction can include such measures as suspension from the halls for specified time periods, such as weekends.

10. Residence Hall Expulsion. Permanent prohibition of the student from living in or visiting the residence halls.

11. University Suspension. Separation of the student from the university for a definite period of time during which the student is excluded from classes, residence on campus, and all privileges and activities of the university. During a period of suspension, a student is not permitted on university property without the written permission of the Dean of Students. Suspension is recorded on the student's academic record for the period of the suspension and removed upon completion of the suspension period. Upon termination of the suspension period, the student may petition the Dean of Students for reinstatement to his/her former student status; readmission/ reinstatement must be approved by the Dean. The university reserves the right to readmit or deny readmission to a student following a period of suspension.

12. University Expulsion. Permanent termination of student status without possibility of readmission to the university. An expelled student is not permitted on university property. A sanction of expulsion must be reviewed and approved by the Vice President for Academic and Student Affairs and the President before it becomes effective. Expulsion is recorded on the student's academic record.

13. Revocation of Admission and/or Degree. Admission to or a degree awarded from the university may be revoked for fraud, misrepresentation, or other violation of university standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

14. Withholding of Degree. The university may withhold awarding of a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including completion of any sanctions imposed.

15. Sanctions Applicable to Student Clubs, Groups, and Organizations. If a recognized student organization violates a policy or regulation of the university or local, state, or federal law, one or more of the following sanctions may be imposed.

a. Those sanctions listed above in Article VII (B) 1-6.

b. Loss of selected rights and privileges for a specified period of time.

c. Deactivation, defined as loss of all privileges, including university recognition, for a specified period of time.

More than one of the sanctions listed above may be imposed for any single violation.

In each case in which a Student Conduct Board determines that a student and/or group or organization has violated the Student Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to serve as the Student Conduct Board, the recommendation of the Student Conduct Board shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not limited to sanctions recommended by members of the Student Conduct Board. The Dean of Students reserves the right to review and alter sanctions imposed by a Student Conduct Administrator or Student Conduct Board. Following the Student Conduct Board Hearing, the the Student Conduct Administrator shall advise the Accused Student, group and/or organization (and a complaining student who believes s/he was the victim of another student's violent conduct including sexual assault) in writing of its determination and of the sanction(s) imposed, if any. The complainant bears the responsibility of pursuing the matter before a Student Conduct Board. The complainant may withdraw his/her Notification of Complaint only by submitting a written statement to the Dean of Students prior to the convening of the original Student Conduct Board. In that case, the Dean of Students will notify the appropriate parties as soon as possible thereafter. However, the university reserves the right to pursue disciplinary action in cases where the complainant chooses to withdraw a complaint.

In instances in which psychological or medical problems may be indicated, the Dean of Students or designee may refer the student for appropriate counseling or treatment.

Individuals found to be in violation of the specific conditions of their suspension or expulsion may be subject to further disciplinary action and/or criminal prosecution.

C. PARENTAL NOTIFICATION

The Dean of Students or designee has the authority to determine when and by what means to notify parents or guardians when students under the age of 21 are found to have committed serious or repeated violations of university policies related to the possession, use, or distribution of alcohol or drugs. The Dean of Students or University Police may also notify parents or guardians of student health or safety emergencies. If university personnel perceive that a student is engaging in behavior that is a risk to himself/herself or others, the student may be transported to an emergency room for evaluation.

D. ACADEMIC HONESTY VIOLATIONS Violations of university standards for academic honesty, including but not limited to plagiarism, will be sufficient reason for an F in the course and will be reported to the Dean of Students. A second violation may be cause for expulsion from the university.

E. EMERGENCY AND EXTRAORDINARY

SITUATIONS

It is impossible to anticipate every circumstance under which the disciplinary authority of the university must be exercised. Also, it is possible that compelling circumstances may require that certain procedures normally afforded students be suspended by the university. Students who pose a serious risk of imminent harm (e.g., threats of violent acts against students and/or staff) will be expelled immediately.

Interim Suspension

In certain circumstances, the Dean of Students, or a designee, may impose a university or residence hall suspension prior to a Student Conduct Board Hearing.

1. Interim suspension may be imposed only: a. to ensure the safety and wellbeing of members of the university community or preservation of university property; b. to ensure the student's own physical or emotional safety and wellbeing; or c. if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the university.

2. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other university activities or privileges for which the student might otherwise be eligible, as the Dean of Students or the Student Conduct Administrator may determine to be appropriate.

3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required.

4. Unless modified by the Dean, the student's activities during the interim suspension are subject to the same restrictions and conditions set forth under regular suspension. Interim suspension shall continue until a hearing results in the reinstatement, suspension, or expulsion of the student.

5. If the Student Conduct Board recommends suspension or expulsion, the interim suspension shall continue during any period of appellate review.

6. If the Student Conduct Board recommends disciplinary action less severe than suspension, the period of interim suspension shall be lifted.

7. Unless the student is suspended or expelled from the university as the result of the hearing process, he/she will be assisted by the Provost's Office in the making up of academic requirements, to the extent feasible.

8. Resident students will normally be given no more than two (2) hours to vacate the residence hall if interim suspension is imposed. Students who violate the terms of any interim suspension shall be subject to further disciplinary action and possible arrest. The university reserves the right to continue the interim suspension of a student without a hearing in cases where offcampus legal action is pending against that student. The interim suspension will continue until such time as the matter has been resolved through off-campus proceedings and a hearing before the Dean of Students or designee. Students under interim suspension from the university and/or residence halls pending a disciplinary hearing are not entitled to a reimbursement of their tuition, housing, and other fees for the period of interim suspension. If after six months, or within 30 days of the final disposition of a criminal case, there is no change in the status of interim suspension or interim residence hall suspension, the suspension shall become permanent and result in expulsion from the university or the residence halls. A student may apply for one or more extensions for periods of 90 days for good cause as determined by the university. It is the responsibility of the student to contact the Dean of Students regarding any circumstances affecting his or her status. A student who withdraws prior to a disciplinary case's being heard will not be permitted to return to the institution as a student in the future. A Permanent Administrative Withdrawal will be noted on the student's transcript.

F. APPEALS

1. A decision reached by the Student Conduct Board or a sanction imposed by the Student Conduct Administrator may be appealed by the Accused Student(s) or Complainant(s) to an Appeals Review Board within five (5) working days of the date of receipt of the original written decision. If no appeal is made within the prescribed time period, the original decision of the Student Conduct Board shall be final, conclusive, and effective immediately. Such appeals shall be in writing and shall be delivered to the Student Conduct Administrator or his or her designee.

2. An appeal shall be limited to a review of the verbatim record of the Student Conduct Board Hearing and supporting documents for one or more of the following purposes: a. To determine whether the Student Conduct Board Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures, giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless the Appeals Review determines that significant prejudice resulted from such deviation. b. To determine whether the decision reached regarding the Accused Student was based on substantial information; that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred. c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed. d. To consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing because such information and/or facts were not known or available to the person appealing at the time of the original Student Conduct Board

Hearing.

3. If an appeal is upheld by the Appeals Review Board, the matter may be returned to the original Student Conduct Board and Student Conduct Administrator for re-opening of the Student Conduct Board Hearing to allow reconsideration of the original determination and/or sanction(s) or recommend a change in the original decision to the Dean of Students. If an appeal is not upheld, the matter shall be considered final and binding upon all involved.

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