Official University Policy Manual

File code: STU.STUCODE.POL
Approval Date: 05/15/98
Approved By: Board of Trustees

Code of Student Conduct

  1. Sanctions:
    1. 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.
    2. The following are sanctions which may be imposed for a violation of this Code:
      1. Expulsion:
        Permanent separation from the institution. The student shall also be barred form University property.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
      7. 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.
      8. Restitution:
        The student is required to make payment to the University for loss of or damage to University property.
      9. 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.
  2. Interim Sanctions:
    1. 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.
    2. 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.
    3. 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).
    4. 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.
    5. 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.
    6. Interim sanctions are not appealable prior to the required formal student judicial hearing.
  3. Student Judicial Programs:
    1. Student Judicial Programs has been delegated the responsibility to administer the student judicial system. Responsibilities include:
      1. Determining charges to be filed pursuant to the Code of Student Conduct.
      2. Interviewing and advising parties involved in disciplinary proceedings.
      3. Supervising the training and advising of all judicial boards.
      4. Reviewing the decisions of all judicial boards.
      5. Maintaining all student disciplinary records resulting from enforcement of the Code of Student Conduct.
      6. Resolving disputes and contested issues that arise out of alleged cases of student misconduct.
      7. Collecting and disseminating data concerning student judicial system actions.
  4. Hearing Boards:
    1. 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:
      1. 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.
      2. 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.
      3. 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.
  5. Selection and Removal of Board Members:
    1. Members of the various judicial boards are selected in accordance with procedures approved by the Vice President for Student Services or designee.
    2. 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.
    3. Prior to participating in board deliberations, new members shall participate in at least one orientation session coordinated by Student Judicial Programs.
    4. 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.
  6. Procedures for Disciplinary Actions:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
  7. Disciplinary Conferences:
    1. 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.
    2. 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).
    3. If the substantive facts and sanction(s) cannot be agreed upon, the matter shall be referred to the appropriate hearing board.
    4. 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.
  8. Board Hearing Procedures:
    1. 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:
      1. The specific charge(s) citing the appropriate University policy(ies) or regulation(s) allegedly violated and the act(s) alleged to have been committed.
      2. 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.
      3. The time and place of the hearing.
      4. The procedures to be followed at the hearing.
    2. 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.
    3. Any hearing board shall be subject to the following procedures:
      1. Members of the board shall be impartial, i.e., judge the case fairly and solely on the evidence presented.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
      7. 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).
      8. Witnesses shall be asked to present truthful information.
      9. 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.
      10. 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.
      11. 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.
      12. Pertinent records, exhibits, or written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.
      13. 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.
      14. 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.
    4. 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:
      1. Student Judicial Boards -- the Student Judicial Officer.
      2. University Judicial Boards -- Assistant Vice President for Student Services -- Student Support Services.
    5. 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.
  9. Appeals:
    1. 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.
    2. 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.
    3. 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.
    4. The following shall be considered grounds for appeal:
      1. A procedural error or irregularity which materially affected the decision;
      2. New evidence of a substantive nature not previously available at the time of the hearing which would have materially affected the decision;
      3. Bias on the part of a judicial board member which materially affected the hearing;
      4. The sanction imposed is not commensurate with the findings of fact established during the hearing process.
    5. The administrative official reviewing an appeal may, after reviewing all available information, elect to:
      1. Affirm the finding and the sanction originally determined.
      2. Affirm the finding and modify the sanction; however, the severity of sanction shall not be increased.
      3. Remand the case to the original hearing board with instructions.
      4. Dismiss the case.
    6. Since deference shall be given to the determinations of hearing boards:
      1. 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.
      2. 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.
      3. Cases should be dismissed only if the finding is held to be arbitrary and capricious.
    7. The imposition of sanctions will normally be deferred during the pendency of appellate proceedings.
  10. Disciplinary Files and Records:
    1. 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.
    2. 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.
    3. 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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